270 ORDINANCE NO. 270
•
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE
AMENDING, TITLE 18 OF THE GRAND TERRACE MUNICIPAL CODE BY
REPEALING AND REPLACING CHAPTER 18.70 ADULT BUSINESS REGULATIONS
IN ITS ENTIRETY
THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES ORDAIN AS
FOLLOWS:
SECTION 1: Findings:
A. Regulation of adult businesses have previously been established by the
City in the adoption of Ordinance No. 153, Chapter 18.70 (Adult Business Regulations)
to be necessary for the protection of the public welfare, due to the potential negative
secondary effects of adult businesses, including the following: crime, especially in the
form of illegal drugs and prostitution; the deterioration of the city's retail trade; blight in
neighborhoods and the reduction of property values; the disintegration of the quality of
the city's neighborhoods and the city's commercial districts; risk to the city's quality of
life; the increased threat of the spread of sexually transmitted diseases; and potential
interference with the peace, welfare and privacy of persons who patronize adult
businesses. The City Council reaffirms the need for the special regulation of such
businesses on the stated bases and as set forth in detail herein. -
B. The City Council, in adopting this ordinance., takes legislative notice of the
existence and content of the detailed studies and reports prepared by other jurisdictions
relating to the negative social and economic secondary .effects on persons and
properties surrounding established adult businesses, including the following: study of
Garden Grove, California (1991); study of Tucson, Arizona (1990); study of Seattle,
Washington (1989); study of Austin, Texas (1986); study of Oklahoma City, Oklahoma
(1986); study of Indianapolis, Indiana (1984); study of Houston, Texas (1983); study of
Beaumont, Texas (1982); study of Minneapolis, Minnesota (1980); study of Phoenix,
Arizona (1979); study of Amarillo, Texas (1977); study of Cleveland, Ohio (1977); study
of Los Angeles, California (1977); the recitals of Ordinance Number 96-5 of the City of
Newport. Beach, finding that crime rates are higher in areas surrounding adult-oriented
businesses than in other areas, that the existence of adult-oriented businesses which
permit public nudity has been shown in some cities to reduce the property values in
those areas surrounding the adult-oriented businesses; the law enforcement experience _
of the City of La Habra and the City of Anaheim with the negative secondary effects of
sexually-oriented businesses that both do and do not serve alcohol; study of New York,
New York (1994); study of Newport News, Virginia (1996); study of Times Squire, New
York City (1994);. Report of the Attorney General's Working .Group on the.Regulation of
Sexually Oriented Businesses, Attorney. General, State of Minnesota (1989); A
Methodological Critique of the Linz-Paul Report: A Report to the .San Diego ,City
Attorney's Office (2003); Sexually Oriented Businesses: An Insider's View — Testimony
of David Sherman before the Michigan House Committee on Ethics and Constitutional
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Law (2000); Closin' Time: Effective Regulation of Adult Businesses' Hours of Operation,
' by Scott Bergthold (2000); Summaries of Key Reports Concerning the Negative
Secondary Effects of Sexually Oriented Businesses, by Louis Comus III (2001); Peep
Show Establishments, Police Activity, Public Place and Time: A Study of Secondary --
Effects in San Diego, California, by, Daniel Linz et 'al. (2004); and Do Peep-shows
"Cause" Crime? A response to Linz, Paul, and Yao, by Richard McCleary et al. (2006).
C. The City Council is cognizant of the specific danger from the sexually
transmitted disease AIDS, which is currently irreversible and can be fatal. The City
Council takes legislative notice that according to statistics provided by the-Los Angeles
County Public Health. Department in its Epidemiologic Profile of HIV and AIDS in Los
Angeles County 2009 ("Epidemiologic Profile of HIV and AIDS") as of December 31,
2009, a cumulative total of 76,383 persons with HIV/AIDS have been reported in Los
Angeles County. Of these, a cumulative total of 56,091 persons have been diagnosed
with AIDS, of which 31,448 have died during this time period. There are now over
44,450 reports of persons living with HIV in.Los Angeles County; of these approximately
24,600 living with AIDS. The City Council also takes legislative notice of the HIV
Disease Surveillance Statistics 201-0, County of Orange Health Care Agency, Public
Health Services, HIV/AIDS Surveillance and Monitoring Program ("HIV Disease _
Surveillance Report"), which states that Orange County reports that it ranks fifth highest
among California's 58 counties in number of AIDS cases reported and fourth highest in
the number of HIV cases reported. The HIV Disease Surveillance Study reports that
10,846 AIDS and HIV (non-AIDS) cases were reported in Orange County between 1981
and 2010. Cumulatively, 4,255 persons have died of AIDS, and 6,591 are living with
AIDS/HIV in Orange County. In 2010, there were 185 HIV and 76 AIDS cases
diagnosed in Orange County. The City Council also takes legislative notice of the HIV /
AIDS Epidemiology Report 2012 ("HIV/AIDS Epidemiology Report") prepared by the
Public Health Services Division of the County of San Diego Health and Human Services
Agency. According to the HIV/AIDS Epidemiology Report, San Diego County has the
third largest number of HIV and AIDS cases in California. During the reporting period of
1981 through December of 2011 14,805 AIDS cases were reported throughout San
Diego County, and approximately 50% of those. AID patients have died during the
reporting period. Between 1985 and December 2011, a total of 4,901 HIV cases were
reported, with 1,020 of the diagnosed cases occurring between 2009 through 2011.
D. The City Council is also concerned with preventing the spread of other
sexually transmitted diseases such. as syphilis, gonorrhea, chlamydia, and 'hepatitis B.
The City Council takes legislative notice of the Sexually Transmitted Disease Morbidity
Report, 2010 prepared by the. County of Los Angeles Department of Health Services,
Public Health Sexually Transmitted Disease Program ("L.A. County STD Morbidity
Report"), and the Annual Morbidity Report and Special Studies Report 2010, Los
Angeles County Department of Public Health, Acute Communicable Disease Control
Program ("2010 Communicable Diseases Morbidity Report"). The Los Angeles County
STD Morbidity Report indicates that between 2006 and 2010, 212,074 cases of
chlamydia, 49,950 cases of gonorrhea, and 14,546 cases of syphilis, including 168
cases of congenital syphilis, were reported for Los Angeles County residents, while the
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2010 Communicable Diseases Report reported .355 cases of hepatitis B were reported
between '2005 and 2010. The County of Orange Health Care Agency, 2006-2010
Epidemiology and Assessment Cases and Case Rates of Reportable Diseases, reports
that between 2006 and 2010, 1,560 cases of syphilis, 4,833 cases of gonorrhea 41,276
cases of chlamydia, and 94 cases of hepatitis B were reported. The City Council also
takes legislative notice of the County of San Diego, Health and Human Services
Agency, HIV, STD and Hepatitis Branch of Public Health Services Sexually Transmitted
Diseases in San Diego County, 2011 Data Slides, September 2012, and the County of
San Diego, Health and Human Services Agency, Public Health Services, Reportable
Diseases and Conditions by Year of Report, 207-2011, which report that 83,605 cases
of Chlamydia, 13186 cases of gonorrhea, 1,749 cases of syphilis, and 4,773 cases of
hepatitis B were reported throughout San Diego County between 2006 and 2011. It
should also be noted that the Los Angeles County 2009 Epidemiological Profile for
HIV/AIDS states that many sexually transmitted diseases, included syphilis, gonorrhea
and Chlamydia can facilitate the transmission of HIV and that the presence of a sexually
transmitted disease is thought to increase the odds of HIV transmission three to five- --
fold.
E. The City Council takes legislative notice of the findings and studies
conducted in this and other cities regarding increases in crime rates, decreases in
property values and the blight of areas in which adult businesses are located, as such
studies are referenced in the following court opinions: T.M. Smith v. County of Los
Angeles, 211 Cal. App. 3d 188, 259 Cal. Rptr. 2d 231 (1989) (discussing County of Los
Angeles study); City of Renton v. Playtime Theatres, Inc., 475 U.S. 946 (1979)
(discussing City of Renton, Washington study); Movie & Video World v. Board of County
Commissioners, 723 F. Supp. 695 (S.D. Fla. 1989) (discussing County of Palm Beach,
Florida study.
F. ' The City Council also takes legislative notice of the facts recited in the
cases of Key, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986), and Colacurcio v.
Kent, 163 F.3d 545 (9th Cir. 1998), regarding how live adult entertainment results in _
secondary effects such as prostitution, the sale and use of drugs, and other law
enforcement problems, as well as the experience of other cities and counties in
adopting adult business regulations (see also Colacucio v. City of Kent, 529 U.S. 1053
(2000)).
F. The City Council finds that the above studies and reports are relevant to
the problems addressed by the City in enacting this ordinance to regulate the adverse
secondary effects of adult businesses, and more specifically finds that these studies
and reports provide convincing evidence that:
1. Adult businesses are linked to increases in the crime rates in those
areas in which they are located and in surrounding areas;
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repared by the. County of Los Angeles Department of Health Services,
Public Health Sexually Transmitted Disease Program ("L.A. County STD Morbidity
Report"), and the Annual Morbidity Report and Special Studies Report 2010, Los
Angeles County Department of Public Health, Acute Communicable Disease Control
Program ("2010 Communicable Diseases Morbidity Report"). The Los Angeles County
STD Morbidity Report indicates that between 2006 and 2010, 212,074 cases of
chlamydia, 49,950 cases of gonorrhea, and 14,546 cases of syphilis, including 168
cases of congenital syphilis, were reported for Los Angeles County residents, while the
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2. Both the proximity of adult businesses to sensitive land uses and
,r the concentration of adult businesses tend to result in blight and deterioration of
the areas in which they are located;
3. The proximity and concentration of adult businesses adjacent to
residential, recreational, religious, and education uses, as well as the proximity to
other adult businesses can have adverse secondary effects on local businesses
and residences; and
4. There is substantial ,evidence than an increase in crime tends to
accompany, concentrate around, and be aggravated by adult businesses,
including but not limited to an increase in the crimes of narcotics distribution and
use, prostitution,, pandering, and violence against persons and property. The
studies from other cities establish convincing evidence that adult businesses
which are not regulated as to permissible locations often have a deleterious
effect on nearby businesses in residential areas, causing, among other adverse
secondary effects, an increase in crime and a decrease in property values.
G. The locational requirements established by this ordinance do not
unreasonably restrict the establishment or operation of constitutionally protected adult
businesses, and a sufficient number of appropriate locations for adult businesses are
provided in this ordinance, given the size and population of the City of Grand Terrace,
the wide availability of alternative adult businesses near Grand Terrace and within a
reasonable distance therefrom, and the access to and contemporary use of the internet
in place customer patronizing of physical locations of adult businesses.
H. The City Council finds that the separation and locational requirements
herein afford a reasonable opportunity for adult businesses to locate in the City of -
Grand Terrace, taking into account all facts and circumstances relating to adult
businesses and the demand for such uses within the City and surrounding areas,
including the following:
1. The City's ordinance will be evaluated on the basis of whether it
"allows for reasonable alternative avenues of communication." City of Renton v.
Playtime Theatres, 475 U.S. 41, 53 (1986);
2. The 11th Circuit Federal Court of Appeals has, for instance, found
in Boss Capital, Inc. v. City of Casselberry, 187 F.3d 1251 (I1th Cir. 1999), that
three adult business sites was sufficient for a town with a population of 24,000;
3. The City of Grand Terrace has had no applications for adult
business establishments within the City at any time in the near-distant past;
4. Numerous adult businesses are located within 22 miles of Grand
Terrace,`and are easily accessible to residents of the City; and
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y effects of adult businesses, and more specifically finds that these studies
and reports provide convincing evidence that:
1. Adult businesses are linked to increases in the crime rates in those
areas in which they are located and in surrounding areas;
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repared by the. County of Los Angeles Department of Health Services,
Public Health Sexually Transmitted Disease Program ("L.A. County STD Morbidity
Report"), and the Annual Morbidity Report and Special Studies Report 2010, Los
Angeles County Department of Public Health, Acute Communicable Disease Control
Program ("2010 Communicable Diseases Morbidity Report"). The Los Angeles County
STD Morbidity Report indicates that between 2006 and 2010, 212,074 cases of
chlamydia, 49,950 cases of gonorrhea, and 14,546 cases of syphilis, including 168
cases of congenital syphilis, were reported for Los Angeles County residents, while the
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5. As set forth below, there is significant access to adult materials and
' entertainment via the internet, mail-order, and other means which do not require
a physical business location.
I. The City of Grand Terrace had a population of 12,040 at the 2010 United
States Census and the total size of the City is 3.6-square-miles.
J. The City Council recognizes that residents in the City must generally travel
to entertainment in the area, such as movie theaters, of which there are none within the
City. Specifically, residents likely travel 9.5 miles to theaters in Redlands, for instance,
22 miles to Rancho Cucamonga/Victoria Gardens, or 13 miles to Riverside. The closest
theater is in the City of Riverside, 5.8 miles from the City of Grand Terrace.
K. _ The City Council further recognizes that, as to adult businesses in
particular, there are 16 adult businesses within 22 miles of the City of Grand Terrace.
Six of these businesses are within 5.8 miles and two are within two miles of the City.
The adult businesses in close proximity to the City of Grand Terrace include the
following:
1. Live entertainment. establishments: Club 215 at 2680 S. La
Cadena, Colton; Fantasy Club at 1091 S. La Cadena, Colton; Flesh Club at
100 W. Hospitality Lane, San Bernardino; Deja vu at 1331 W. Colton Ave,
Redlands; Spearmint Rhino Club at 312 S. Riverside Ave, Rialto; Villa Theatre at
1420 W. Holt Blvd. Ontario; Eyeful) Adult Entertainment at 5282 W. Mission
Blvd., Ontario; and Tropical Lei at 2121 W. Foothill Blvd., Upland; and
2. Retail stores, including books, novelites and/or videos: "For
Discriminating Adults (SB Books)" at 304 South E St., San Bernardino; Lotions
and Lace at 796 Inland Center, San Bernardino; "Le Sex Shoppe (Pleasure
Shop)" at 304 W. Highland Ave., San Bernardino; "Bear Facts Adult Bookstore"
at 1434 E. Baseline, San Bernardino; The.Adult Shop at 736 Tennessee St.,
Redlands; Happy Time Adult Bookstore at 13834 Old 215 Frontage Rd., Moreno
Valley; Baseline Books at 25557 Baseline St., Highland; "Jackman Adult
Bookstore. at 27409 5th St., Highland; Romantix at 3945 Market St., Riverside;
Lotions and Lace at 10175 Magnolia Ave., Riverside; A Touch of Romance at
10281 Magnolia Ave., Riverside; Lotions & Lace at 9197 Central Avenue,
Montclair; Toy Box at 1999 W. Arrow Rte., Upland; and "Adult Book and Video-
Mustang" at 961 N. Central Ave., Upland.
L. Further, the internet is a judicially recognized alternative channel of - --
communication and the City Council takes legislative notice of judicial opinions making
such findings, as well as the fact that adult businesses often no longer need a physical
location within a community to be readily available via the.internet, or even by mail-
order products to residents and customers within a community (see Anheuser-Busch,
Inc. v. Schmoke, 101 F.3d 325, 329 (4th Cir. 1996), cert. denied 520 U.S. 1204 (1997)
[Internet is one available channel of communication]; Reno v. American Civil Liberties
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as;
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repared by the. County of Los Angeles Department of Health Services,
Public Health Sexually Transmitted Disease Program ("L.A. County STD Morbidity
Report"), and the Annual Morbidity Report and Special Studies Report 2010, Los
Angeles County Department of Public Health, Acute Communicable Disease Control
Program ("2010 Communicable Diseases Morbidity Report"). The Los Angeles County
STD Morbidity Report indicates that between 2006 and 2010, 212,074 cases of
chlamydia, 49,950 cases of gonorrhea, and 14,546 cases of syphilis, including 168
cases of congenital syphilis, were reported for Los Angeles County residents, while the
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Union, 521 U.S. 844, 117 S.Ct. 2329, 138 L.Ed.2d 874 (1997) [the principle channel
through which many Americans now transmit and receive sexually explicit
communication is the Internet]; United States v. Hockings, 129 F.3d 1069 (9th Cir.
1997); United States v. Thomas, 74 F.3d 701 (6th Cir. 1996), cert. denied 519 U.S. 820
[recognizing the Internet as a medium for transmission of sexually explicit material in the
context of obscenity prosecutions]). .
M. It is not .the intent of the City Council in adopting this ordinance to
suppress any activities protected by the First Amendment, but rather to enact a content-
neutral ordinance which addresses the secondary effects that adult businesses may
have on the city. In developing this ordinance, the City Council has been mindful of
legal principles relating to regulation of adult businesses and does not intend to
suppress or infringe upon any expressive activities protected by the First Amendments
of the United States and California Constitutions, but instead desires to enact
reasonable time, place, and manner regulations that address the adverse secondary
effects of adult businesses. The City Council has considered decisions of the United
States Supreme Court regarding local regulation of adult businesses, including but not
limited to the following: Young v. American Mini Theaters, Inc., 427 U.S. 50 (1976); City
of Renton v. Playtime Theaters, 475 U.S. 41 (1986); FW/PBS, Inc. v. City of Dallas, 493
U.S. 215 (1990); Barnes v. Glen Theatre, 501 U.S. 560 (1991); City of Erie v. Paps A.M.
("Kandyland"), 529 U.S. 277 (2000). The City Council has also- considered United - -
States Ninth Circuit Court of Appeals decisions and decisions in other jurisdictions,
including but not limited to the following: City of National City v. Wiener 3 Cal. 4th 832,
12 Cal. Rptr. 2d 701, 838 P.2d 223 (1992), cert. denied 510 U.S. 824 (1993); People v.
Superior Court (Lucero), 49 Cal. 3d 14, 259 Cal. Rptr. 740, 774 P.2d 769 (1989); City of
Vallejo v. Adult Books, 167 Cal. App. 3d 1169, 213 Cal. Rptr. 143 (1985), cert. denied
475 U.S. 1064 (1986); Lakeland Lounge v. City of Jacksonville, 973 F.2d 1255 (5th Cir.
1992), cert. denied 507 U.S. 1030 (1993); Hang On, Inc. v. Arlington, 65 F.3d 1248 (5th
Cir. 1995); International Eateries v. Br'oward County, 941 F.2d 1157 (11th Cir. 1991),
cert. denied 503 U.S. 920 (1992); Lady J. Lingerie v. City of Jacksonville, 973 F. Supp.
1428 (M.D. Fla. 1997); Lady J. Lingerie v. City of Jacksonville, 176 F.3d 13.58 (11th .Cir.
1999) ("[a]mple evidence . . . supports the . . . finding that illegal and unhealthy activities
take place in small rooms at adult entertainment establishments."); Movie & Video
World, Inc. v. Palm Beach County, 723 F. Supp. 695 (S.D. Fla. 1989); Colacurcio v.
Kent, 163 F.3d 545 (9th Cir. 1998), 529 U.S. 1053 (2000);_Tily B. v. City of Newport
Beach, 69 Cal. App. 4th 1, 81 Cal. Rptr. 2d 6 (1998); Topanga Press, et al. v. City of _ ..
Los Angeles, 989 F.2d 1524 (1993); Key, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir.
1986).
N. The City Council recognizes that adult devices (i.e. adult novelties and/or
adult related products) such as dildos, fur-lined handcuffs, leather whips, anal beads,
and devices that are physical representations of human genital organs, are not speech
and enjoy no First Amendment protections. Ford v. State of Texas, 753 S.W.2d 451,
452-453 (1988); Sewell v. State of Georgia, 233 S.E.2d 187, 188-189 (1977); Chamblee
Visuals, LLC v. City of Chamblee, 506 S.E.2d 113, 115 (Ga. 1998); and Red Bluff Drive-
' In, Inc. v. Vance, 648 F.2d 1020 (5th Cir. 1981).
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cases of congenital syphilis, were reported for Los Angeles County residents, while the
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O. The City Council finds that locational criteria (over-concentration
regulations), alone,_do not adequately protect the health, safety, and general welfare of
the citizens of the City of Grand Terrace, and thus certain requirements with respect to
the ownership and operation of adult businesses are in the public interes.
P. The City Council finds the following with respect to live performers at adult
businesses:
1. Evidence indicates that some dancers, models and other persons
who publicly perform "specified sexual activities" or publicly display "specified
anatomical parts" in adult businesses (hereinafter collectively referred to as "adult
business performers") have been found to engage in sexual activities with
patrons of adult businesses on the premises of such adult businesses;
2. Evidence demonstrates that adult business performers 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 adult business performers have been found
to engage in acts of prostitution with patrons of adult business establishments;
4. - Evidence indicates that fully enclosed booths, individual viewing
areas, and other small rooms whose interiors cannot be seen from public areas
within an adult business establishment are used as a location for engaging in
unlawful sexual activity;
5. Evidence indicates that adult businesses are frequently used for
unlawful sexual activities, including prostitution and sexual liaisons of a casual
nature, and for the exchange and use of illegal drugs; and
6. As a result of the above, and the increase in incidents of AIDS and
Hepatitis B and C, all of which are sexually transmitted diseases, the city has a ---
substantial interest in adopting regulations which will reduce, to the greatest
extent possible, the occurrence of prostitution and sex acts associated with
specific health risks at adult businesses.
Q. The City Council finds that enclosed or concealed booths and dimly-lit
areas within adult businesses greatly increase the potential for misuse of the premises,
including potential harm to patrons and adult business performers, and unlawful conduct
of a type which facilitates the transmission of disease. Requirements that all indoor
areas be open to view by management of adult businesses 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 and harm to patrons and adult business
performers within adult businesses, and to facilitate the inspection of the interior of the
premises by law enforcement personnel. The Council relies on the opinions of courts
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f Newport
Beach, 69 Cal. App. 4th 1, 81 Cal. Rptr. 2d 6 (1998); Topanga Press, et al. v. City of _ ..
Los Angeles, 989 F.2d 1524 (1993); Key, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir.
1986).
N. The City Council recognizes that adult devices (i.e. adult novelties and/or
adult related products) such as dildos, fur-lined handcuffs, leather whips, anal beads,
and devices that are physical representations of human genital organs, are not speech
and enjoy no First Amendment protections. Ford v. State of Texas, 753 S.W.2d 451,
452-453 (1988); Sewell v. State of Georgia, 233 S.E.2d 187, 188-189 (1977); Chamblee
Visuals, LLC v. City of Chamblee, 506 S.E.2d 113, 115 (Ga. 1998); and Red Bluff Drive-
' In, Inc. v. Vance, 648 F.2d 1020 (5th Cir. 1981).
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cases of congenital syphilis, were reported for Los Angeles County residents, while the
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upholding such requirements, including but not limited to Fantasyland Video, Inc. v.
County of San Diego, 505 F.3d 996, 999-1000 (9th Cir. 2007).
R. The City Council finds that a permitting scheme is a legitimate and
reasonable means of accountability to ensure that operators of adult businesses comply
with reasonable regulations and to ensure that operators do not knowingly allow their
establishments to be used as places of illegal sexual activity or solicitation, and further
finds that these methods of regulation constitute a legitimate exercise of zoning,
licensing and police power authority to protect the quality of life in the Grand Terrace
community and minimize the adverse secondary effects which naturally accompany the
operation of adult businesses.
S. The City Council recognizes the possible harmful effects on children and
minors exposed to the effects of adult businesses 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; desire to minimize and control adverse secondary side effects
associated with the operation of adult businesses; preserve the quality of life, preserve
property values and the character of surrounding neighborhoods and businesses; and
deter the spread of urban blight.
T. The City Council specifically takes note of the possible harmful effects on
children and minors exposed to the effects of adult businesses or adult-oriented
material, and recognizes the need to regulate adult businesses and/or materials in order
to minimize and/or eliminate such exposure. The City Council further acknowledges the
provisions of California Penal Code Sections 313, et seq., and Section 313.1(d), in
particular, authorize local governments to regulate matter that is harmful to minors, and
that courts have upheld a city's compelling interest in protecting minors from sexually
explicitly, adult-oriented materials. Crawford v. Lungren, 96 F.3d 380 (9th Cir 1996), _
cert. denied 520 U.S. 1.117 (-1997) (state statute balanced competing interests of access
to adult-oriented publications with public interest in shielding minors from influence of
such materials by limiting their access 'to. such publications); Berry v. City of Santa
Barbara, 40 Cal. App. 4th 1075 (1995) (same).
U. The City Council finds that requiring adult businesses to install and
maintain video surveillance equipment at the business establishment is an appropriate
restriction on such businesses, necessary to further the important governmental interest
in deterring crime .or illegal activity at .such. businesses, including but not limited to
possible prostitution, altercations between patrons, thefts, burglaries, and drug
transactions. The. City Council further finds that the video surveillance provisions
enacted herein are specific as to the exact type of equipment to be installed, as well as
to the manner of installation, such that the provisions are not vague and are necessary
to ensure usable quality recordings. In addition, these provisions, regarding the
maintenance of the surveillance systems and the installation of specific equipment, such
as monitor size, type of video recorder, and type of video camera, are the minimum
necessary to allow police investigation of crimes committed at adult businesses.
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9 (1977); Chamblee
Visuals, LLC v. City of Chamblee, 506 S.E.2d 113, 115 (Ga. 1998); and Red Bluff Drive-
' In, Inc. v. Vance, 648 F.2d 1020 (5th Cir. 1981).
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cases of congenital syphilis, were reported for Los Angeles County residents, while the
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V. The City Council has also determined that a closing hours requirement
promotes the reduction of deleterious secondary effects from adult businesses, and the
Council reasonably relies on prior court decisions on the need for closing hours,
including Mitchell v. Commission on Adult Entertainment, 10 F.3d 123, 131-139 (3d Cir.
1993); Lady J. Lingerie, Inc. v. City of Jacksonville, 973 F. Supp. 1428 (M.D. Fla. 1997)
and Lady J. Lingerie, Inc. v. City of Jacksonville, 176 F.3d 1358 (11th Cir. 1999);
Fantasyland Video, Inc. v. County of San Diego, 505 F.3d 996, 999-1000 (9th Cir.
2007); Dela Vu of Cincinnati, LLC v. Union Twp. Bd. of Trs., 411 F.3d 777, 789-792 (6th
Cir. 2005); Richland Bookmart; Inc. v. Nichols, 137 F.3d 435, 440-441 (6th Cir. 1998); __
City of Colorado Springs v. 2354, Inc., 896 P.2d 272 (Co. 1995); Center for Fair Public
Policy v. Maricopa County ("Maricopa"), 336 F.3d 1153 (9th Cir. 2003); DiMa Corp. v.
Town of Hallie, 185 F.3d 823 (7th Cir. 1999); Richland Bookmart, Inc. v. Nichols, 137
F.3d 435 (6th Cir. 1998); National Amusements, Inc. v. Town of Dedham, 43 F.3d 731
(1st Cir. 1995); Mitchell v. Commission on Adult Entertainment, 10 F.3d 123 (3rd Cir.
1993); Star Satellite v. City of Biloxi, 779 F.2d 1074 (5th Cir. 1986).
W. The City Council recognizes that this ordinance is necessary to revise the
permit application process for adult businesses to bring the city's ordinance current with
existing case law and to further reduce and control the negative secondary effects of
adult businesses. This is in keeping with evolving case law and is part of the city's
continuing efforts to balance the First Amendment rights of adult business operators
and patrons with the city's substantial governmental interest in reducing adverse
secondary effects relating to such businesses. The use of a permit process is essential
to eliminate the adverse secondary effects of adult businesses by allowing the city to
monitor and regulate the location and concentration of such establishments,and, in fact, - -
is the least restrictive means for the City of Grand Terrace to do so, constitutionally and
effectively.
X. The City Council finds that preventing the direct exchange of money
between adult business performers and patrons will serve to reduce the likelihood of
drug and sex transactions occurring in adult businesses. Requiring.separation between
adult business performers and patrons also reduces the likelihood that such persons will
negotiate narcotics sales and/or transact sexual favors within the adult business.
Y. _ The City Council believes that prohibiting physical contact between
performers and patrons at an adult use business, requiring separate entrances for
performers from those used for patrons, requiring separate restrooms for opposite
sexes, prohibiting performers from soliciting payment of gratuities from patrons, and
prohibiting the direct payment of gratuities to performers by patrons are a reasonable
and effective means.of addressing the legitimate governmental interests of preventing __
prostitution, the spread of sexually transmitted diseases, and drug transactions.
Z. • The City Council recognizes that a number of courts of law have upheld
distance limitations between performers and patrons, prohibitions against physical
contact between performers and patrons, and direct payment and receipt of gratuities
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; Chamblee
Visuals, LLC v. City of Chamblee, 506 S.E.2d 113, 115 (Ga. 1998); and Red Bluff Drive-
' In, Inc. v. Vance, 648 F.2d 1020 (5th Cir. 1981).
Page 6 of 35
cases of congenital syphilis, were reported for Los Angeles County residents, while the
Page2of35
between performers and patrons at adult business establishments that provide live
' entertainment, including the following: Key, Inc. v. Kitsap County, 793 F.2d 1091 (9th
Cir. 1986); DLS, Inc. v. City of Chattanooga, 894 F. Supp. 1140 (E.D. Tenn. 1995);
Parker v. Whitfield County, 463 S.E.2d 116 (Ga. 1995); Hang On, Inc. v. City of
Arlington, 65 F.3d 1248 (5th Cir. 1996); Colacurcio v. Kent, 163 F.3d 545 (9th Cir.
1998), 529 U.S. 1053 (2000);. Tily B. v. City of.Newport Beach, 69 Cal. App. 4th 1
(1998); Entertainment Prods., Inc. v. Shelby County, 588 F.3d 372, 394 (6th Cir. 2009);
and 729, Inc. v. Kenton County Fiscal Court, 515 F.3d 485, 493 (6th Cir. 2008).
AA. The City Council takes notice of the fact that California Penal Section
318.5 and 318.6,acknowledge the authority of local governmental agencies to regulate
topless and bottomless waiters, waitresses, and entertainers, or exhibitions in public
places.
BB. In developing this ordinance, the City Council is mindful of legal principles
relating to the regulation of adult businesses. The City Council has considered decisions
of the United States Supreme Court regarding local regulation of adult businesses,
including but not limited to the following: Gammoh v. City of La Habra, 395 F.3d 1114
(9th Cir. 2005), amended 402 F.3d 875, cert. denied 126 S.Ct. 374; Dream Palace v.
County of Maricopa, 384 F.3d 990 (9th Cir. 2004); World Wide Video. v. City of
Spokane, 368 F.3d 1186 (9th Cir. 2004); Diamond v. City of Taft, 215 F.3d 1052 (9th
Cir. 2000), cert. denied 531 U.S. 1072 (2001); Isbell v. City of San Diego, 258 F.3d _
1108 (9th Cir. 2001); Young v. City of Simi Valley, 216 F.3d 807 (9th Cir. 2000), cert.
denied 531 U.S. 1104 (2001); Lim v. City of Long Beach, 217 F.3d 1050 (9th Cir. 2000),
cert. denied 121 S.Ct. 1189 (2001); Baby Tam & Co., Inc. v. City of Las Vegas ("Baby
Tam I"), 154 F.3d 1097 (9th Cir. 1998); Baby Tam & Co., Inc. v. City of Las Vegas
("Baby Tam II"), 199 F.3d 1111 (9th Cir. 2000); Baby Tam & Co., Inc. v. City of Las
Vegas ("Baby Tam III"), 247 F.3d 1003 (9th Cir. 2001); 4805 Convoy, Inc. v. City of San •
Diego, 183 F.3d 1108 (9th Cir. 1999); Spokane Arcade, Inc. v. City of Spokane, 75 F.3d
663 (9th Cir. 1996); Department of Alcoholic Beverage Control v. Alcoholic Beverage
Control Appeals Board of California ("Vicary"), 99 Cal.App.4th 880. (2002); G.M.
Enterprises v. Town of St. Joseph, 350 F.3d 631 (7th Cir. 2003); SOB, Inc. v. County of
Benton, 317 F.3d 856 (8th Cir. 2003); N.W. Enterprises, Inc. v. City of Houston, 372
F.3d 333 (5th Cir. 2004); and N.W. Enterprises, Inc. v. City of Houston, 352 F.3d 162
(5th Cir. 2003); Ellwest Stereo Theatres, Inc. v. Wenner, 681 F.2d 1243 (9th Cir. 1982)
(including its finding that there is no constitutional right to unobserved masturbation in a
public place);. Deluxe Theater & Bookstore, Inc. v. City of San Diego, 175 Cal. App. 3d
980 (1985) (finding that the right to privacy guaranteed by the California Constitution --
does not protect the right to unobserved masturbation in a public place); County of San
Diego v. 1560 N. Magnolia Ave., 2009 Cal. App. Unpub. LEXIS 1198,, 27-28 (Cal. App.
4th Dist. 2009); Heideman v. S. Salt Lake City, 165 Fed. Appx. 627, 633 (10th Cir.
2006).
CC. The City Council finds that a permit appellant is afforded judicial review of
a decision relating to an adult business permit .pursuant to California Code of Civil
Procedure Sections 1094.5 and 1094.6 and that such review is, by experience, prompt.
Page 10 of 35
, 115 (Ga. 1998); and Red Bluff Drive-
' In, Inc. v. Vance, 648 F.2d 1020 (5th Cir. 1981).
Page 6 of 35
cases of congenital syphilis, were reported for Los Angeles County residents, while the
Page2of35
DD. 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 __
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 the City of Grand Terrace.
EE. In prohibiting public nudity in adult businesses, the City Council does not
intend to proscribe the communication of erotic messages or any other communicative
element or activity, but rather only to prevent or reduce the secondary impacts
associated with such public nudity.
FF. The City Council also finds, as 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 public nudity.
GG. The City Council declares that the restrictions imposed pursuant to this
ordinance are part of a regulatory licensing process, and do not constitute a criminal
offense. Notwithstanding any other provisions of the Grand Terrace Municipal Code, --
the City does not impose a criminal penalty for violations of the provisions of this
ordinance related to sexual conduct or activities. The City Council adopts these
limitations only as a condition of issuance and maintenance of an adult business permit
issued pursuant to the City's Code.
HH. 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.
II. As provided in the severability clause of this ordinance, the City Council
finds that in the event of invalidation of the permitting requirements in this ordinance,
any adult business which operates in the city should nonetheless be subject to the
remaining requirements of this ordinance, including but not limited to the locational and __
operational requirements, and the revocation and violation provisions, each of which
would have been adopted independent of the permit issuance provisions.
JJ. On June 7, 2012 the City Council adopted an interim urgency ordinance
declaring and imposing a forty-five (45) day Citywide moratorium on the establishment
or expansion of adult businesses, and extended the interim urgency ordinance by an
additional ten (10) months and fifteen (15) days on July 10, 2012.
KK. On April 23, 2013, the City Council adopted an interim urgency ordinance
extending the City-wide moratorium on the establishment or expansion of adult
businesses, by an additional twelve (12) months.
Page 11 of 35 _
the right to privacy guaranteed by the California Constitution --
does not protect the right to unobserved masturbation in a public place); County of San
Diego v. 1560 N. Magnolia Ave., 2009 Cal. App. Unpub. LEXIS 1198,, 27-28 (Cal. App.
4th Dist. 2009); Heideman v. S. Salt Lake City, 165 Fed. Appx. 627, 633 (10th Cir.
2006).
CC. The City Council finds that a permit appellant is afforded judicial review of
a decision relating to an adult business permit .pursuant to California Code of Civil
Procedure Sections 1094.5 and 1094.6 and that such review is, by experience, prompt.
Page 10 of 35
, 115 (Ga. 1998); and Red Bluff Drive-
' In, Inc. v. Vance, 648 F.2d 1020 (5th Cir. 1981).
Page 6 of 35
cases of congenital syphilis, were reported for Los Angeles County residents, while the
Page2of35
SECTION 2. On June 6, 2013, the Planning Commission conducted a duly noticed
public hearing at the Grand Terrace Council Chambers located at 22795 Barton Road,
Grand Terrace, .California 92313 and voted 4-0 recommending City Council approval of
new Chapter 18.70 entitled "Adult Business Regulations".
SECTION 3. On July 23, 2013, the City Council conducted a duly noticed public
hearing on the proposed Ordinance at the Grand Terrace Council Chambers located at
22795 Barton Road, Grand Terrace, California 92313, and conducted second reading
on August 13, 2013.
SECTION 4. The City Council hereby finds that this activity is not subject to the
California Environmental Quality Act (CEQA) if the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment (Section
15061(c)(2)); and where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect, on the environment (Section _
16061(b)(3)). The Notice of Exemption has been reviewed and considered and reflects
the independent judgment of the City Council, and is hereby adopted.
SECTION 5. The City Council finds that the proposed zoning amendment will not be
detrimental to the health, safety, morals, comfort or general welfare of the persons
residing or working within the neighborhood of the proposed amendment or injurious to
property or improvements in the neighborhood or within the City because the
regulations are intended to place reasonable standards on adult businesses for the
purpose of minimizing potential adverse secondary impacts-to surrounding uses, such
as crime; the deterioration of the city's retail trade; blight in neighborhoods and the
reduction of property values; the disintegration of the quality of the city's neighborhoods
and the city's commercial districts; and risks to public health and safety.
SECTION 6. . The City Council also finds that the proposed zoning amendment is
consistent with the latest adopted General Plan, such as Land Use Policies 2.3.5 and
2.4.4 to implement measures and give special consideration to buffering to reduce
potential land use incompatibility between commercially and industrially designated
areas and all other plan areas; and Housing Policy 8.3.9 to prevent the encroachment of
incompatible uses into established residential neighborhoods.
SECTION 7. The City Council hereby repeals in its entirety Ordinance No. 268, an
interim urgency ordinance extending for twelve (12) months a citywide moratorium,
adopted pursuant to Government Code Section 65858, temporarily prohibiting the
establishment or expansion of adult businesses.
SECTION 8. The City Council hereby repeals and replaces in its entirety Chapter
18.70 of Title 18 of the Grand Terrace Municipal Code as follows:
"Chapter 18.70 Adult Business Regulations
Sections
18.70.010 Purpose
Page 12 of 35
e right to unobserved masturbation in a public place); County of San
Diego v. 1560 N. Magnolia Ave., 2009 Cal. App. Unpub. LEXIS 1198,, 27-28 (Cal. App.
4th Dist. 2009); Heideman v. S. Salt Lake City, 165 Fed. Appx. 627, 633 (10th Cir.
2006).
CC. The City Council finds that a permit appellant is afforded judicial review of
a decision relating to an adult business permit .pursuant to California Code of Civil
Procedure Sections 1094.5 and 1094.6 and that such review is, by experience, prompt.
Page 10 of 35
, 115 (Ga. 1998); and Red Bluff Drive-
' In, Inc. v. Vance, 648 F.2d 1020 (5th Cir. 1981).
Page 6 of 35
cases of congenital syphilis, were reported for Los Angeles County residents, while the
Page2of35
18.70.020 Definitions
18.70.030 Conditional Use Permit Required
18.70.040 Adult Business Permitted
18.70.050 Location Requirements and Measurement of Distances
18.70.060 Determination of Use
18.70.070 Development Standards
18.70.080 General Operating Standards
18.70.090 Regulation of Adult Arcades and Adult Booth/Individual Viewing Area
18.70.100 Regulation of Adult Live Entertainment
18.70.110 Regulation of Adult Motion Picture Theater
18.70.120 Regulation of Adult Modeling and Adult Photography Studios
18.70.130 Regulation of Adult Retail Store
18.70.140 Inspections
18.70.150 Regulations non-exclusive and nuisance declared
Section 18.70.010 Purpose
It is the purpose and intent of this chapter to regulate the operations of adult
businesses, which tend to have judicially recognized adverse secondary effects on the
community, including, but not limited to, increases in crime in the vicinity of adult
businesses; decreases in property values in the vicinity of adult businesses; increases
in vacancies in residential and commercial areas in the vicinity of adult businesses;
interference with residential property owners' enjoyment of their properties when such
properties are located in the vicinity of adult businesses as a result of increases in
crime, litter, noise, and vandalism; and- the deterioration of neighborhoods. Special
regulation of these businesses is necessary to prevent these adverse secondary effects
and the blighting or degradation of the neighborhoods in.the vicinity,of adult businesses
while at the same time protecting the First Amendment rights associated with such
businesses. It is, therefore, the purpose of this Chapter to establish reasonable
standards for the permitting and regulating of adult businesses.
Section 18.70.020 Definitions
A. "Adult arcade" shall mean a business establishment to which the public is
permitted or invited and where coin, card or slug operated or electronically,
electrically or mechanically controlled devices, still or motion picture machines,
projectors, videos, holograms, virtual reality devices or other image-producing
devices are maintained to show images on a regular or substantial basis, where
the images so displayed are distinguished or characterized by an emphasis on
matter depicting or describing "specified sexual activities" or "specified
anatomical areas." Such devices shall be referred to as "adult arcade devices."
B. "Adult booth/Individual viewing area" shall mean a partitioned or partially
enclosed portion of an adult business used for any of the following purposes:
1. Where a live or taped performance is presented or viewed, where the
performances and/or images displayed or presented are distinguished or
Page13of35
"Chapter 18.70 Adult Business Regulations
Sections
18.70.010 Purpose
Page 12 of 35
e right to unobserved masturbation in a public place); County of San
Diego v. 1560 N. Magnolia Ave., 2009 Cal. App. Unpub. LEXIS 1198,, 27-28 (Cal. App.
4th Dist. 2009); Heideman v. S. Salt Lake City, 165 Fed. Appx. 627, 633 (10th Cir.
2006).
CC. The City Council finds that a permit appellant is afforded judicial review of
a decision relating to an adult business permit .pursuant to California Code of Civil
Procedure Sections 1094.5 and 1094.6 and that such review is, by experience, prompt.
Page 10 of 35
, 115 (Ga. 1998); and Red Bluff Drive-
' In, Inc. v. Vance, 648 F.2d 1020 (5th Cir. 1981).
Page 6 of 35
cases of congenital syphilis, were reported for Los Angeles County residents, while the
Page2of35
characterized by their emphasis on matter depicting, describing, or
relating to "specified sexual activities" or "specified anatomical areas;" or
2. Where "adult arcade devices" are located.
C. "Adult business"shall mean: _ ..
1. A business establishment or concern that as a regular and substantial
course of conduct sells or distributes "Adult Oriented Material" or "sexually
oriented merchandise", or which offers to its patrons products,
merchandise, services or entertainment characterized by an emphasis on
matters depicting, describing, or relating to "specified sexual activities" or
"specified anatomical parts," but not including those uses or activities
which are preempted by state law;
2. Any business establishment or concern which as a regular and substantial
course of conduct performs or operates as an adult bookstore, adult
theater, adult motion picture arcade, adult model studio, adult arcade,
adult retail store, adult cabaret, adult motel or hotel, adult
modeling/photography studio, adult motion picture theater, sex club,
sexual encounter center, any business providing adult live entertainment,
et cetera; or
3. Signs, advertisements or an establishment name including verbal or
-0 pictorial allusions to sexual stimulation or gratification or by references to
"adult," "XXX" or similar terms, shall be considered evidence that the
establishment holds itself out to the public as a sexually oriented business.
D. "Adult cabaret" shall mean a business establishment (whether or not serving
alcoholic beverages) that as a regular and substantial course of conduct features
"adult live entertainment," persons who appear in a state of nudity or semi-nude
condition, or which holds itself out to the public where adult live entertainment is
available.
E. "Adult cabaret dancer" shall mean any person who is an employee or
independent contractor of an "adult cabaret" or "adult business" and who, with or
without any compensation or other form of consideration, performs as a sexually
oriented dancer, exotic dancer, stripper, go-go dancer or similar dancer whose - -
performance on a regular and substantial basis focuses on or emphasizes the
adult cabaret dancer's breasts, genitals, and/or buttocks, but does not involve
exposure of "specified anatomical areas" or depicting or engaging in "specified
sexual activities." "Adult cabaret dancer" does not include a patron.
F. "Adult hotel/motel" shall mean a "hotel" or "motel" (as defined in the Zoning
Code) that is used for presenting on a regular and substantial basis images
through closed circuit television, cable television, still or motion picture machines,
projectors, videos, holograms, virtual reality devices or other image-producing
devices that are distinguished or characterized by the emphasis on matter
Page 14 of 35
Page 12 of 35
e right to unobserved masturbation in a public place); County of San
Diego v. 1560 N. Magnolia Ave., 2009 Cal. App. Unpub. LEXIS 1198,, 27-28 (Cal. App.
4th Dist. 2009); Heideman v. S. Salt Lake City, 165 Fed. Appx. 627, 633 (10th Cir.
2006).
CC. The City Council finds that a permit appellant is afforded judicial review of
a decision relating to an adult business permit .pursuant to California Code of Civil
Procedure Sections 1094.5 and 1094.6 and that such review is, by experience, prompt.
Page 10 of 35
, 115 (Ga. 1998); and Red Bluff Drive-
' In, Inc. v. Vance, 648 F.2d 1020 (5th Cir. 1981).
Page 6 of 35
cases of congenital syphilis, were reported for Los Angeles County residents, while the
Page2of35
depicting or describing or relating to "specified sexual activities" or "specified
anatomical areas"; and/or rents, leases or lets any room for less than .a six hour
period, or rents, leases or lets any single room more than twice in any twenty four
hour period.
G. "Adult live entertainment" shall mean any physical human body activity, whether
performed or engaged in, alone or with other persons, including but not limited to
singing, walking, speaking, dancing, acting, posing, simulating, wrestling or
pantomiming, in which: (1) the performer or adult cabaret dancer exposes to
public view; without opaque covering, "specified anatomical areas"; and/or (2).the
performance or physical human body activity that depicts, describes, or relates to
"specified sexual activities" whether or not the specified anatomical areas are
covered.
H. "Adult modeling/photography studio"shall mean a business establishment where
a live person who appears seminude, in a state of nudity, or who displays
specified anatomical areas is provided to be observed, sketched, drawn, _ ..
photographed, filmed, painted, sculpted, or otherwise similarly depicted by other
persons, whether or not paying for such services. "Adult modeling studio" does
not include schools maintained pursuant to standards set by the Board of
Education of the State of California, or that of an individual artist studio
established solely for conduct of the artist.
I. "Adult motion picture theater" shall mean a business establishment, with or
without a stage or proscenium, where, on a regular and substantial basis and for
any form of consideration, material is presented through films, motion pictures,
video cassettes, slides, laser disks, digital video disks, holograms, virtual reality
devices, or similar electronically-generated reproductions that is characterized by
the depiction or description of "specified sexual activities" or "specified
anatomical areas."
J. "Adult oriented materia!' shall mean accessories, paraphernalia, books,
magazines, laser disks, compact discs, digital video disks, photographs, prints, -
drawings, paintings, motion pictures, pamphlets, videos, slides, tapes, holograms
or electronically generated images or devices including computer software, or
any combination thereof that is distinguished or characterized by its emphasis on
matter depicting, describing or relating to "specified sexual activities" or
"specified anatomical areas." "Adult oriented .material" shall include "sexually
oriented merchandise."
K. "Adult retail store"shall mean a business establishment having as a regular and
substantial portion of its stock in trade, "adult oriented material" for sale or rent.
Includes a bookstore, video store or store selling adult novelty items.
L. "Establishment of an adult business" shall mean any of the following:
Page 15 of 35
ing
devices that are distinguished or characterized by the emphasis on matter
Page 14 of 35
Page 12 of 35
e right to unobserved masturbation in a public place); County of San
Diego v. 1560 N. Magnolia Ave., 2009 Cal. App. Unpub. LEXIS 1198,, 27-28 (Cal. App.
4th Dist. 2009); Heideman v. S. Salt Lake City, 165 Fed. Appx. 627, 633 (10th Cir.
2006).
CC. The City Council finds that a permit appellant is afforded judicial review of
a decision relating to an adult business permit .pursuant to California Code of Civil
Procedure Sections 1094.5 and 1094.6 and that such review is, by experience, prompt.
Page 10 of 35
, 115 (Ga. 1998); and Red Bluff Drive-
' In, Inc. v. Vance, 648 F.2d 1020 (5th Cir. 1981).
Page 6 of 35
cases of congenital syphilis, were reported for Los Angeles County residents, while the
Page2of35
1. The opening or commencement of any "adult business" (as defined
above) as a new business;
2. The conversion of an existing business, whether or not an "adult
business," to.any "adult business;"
3. The addition of any "adult business" to any other existing "adult business;"
4. The relocation of any "adult business;" or
5. Physical changes that expand the square footage of an existing "adult
business" by more than ten percent (10%).
M. "Licensee" or "License Holder" shall mean a person in whose name a license to
operate an adult business has been issued, as well as the person listed as an
applicant on an application for.a license; and in the case of a performer or
manager, a person in whose name a performer or manager's license has been
issued authorizing employment in an adult oriented business.
N. "Manager" shall mean any person designated by the owner or operator of an
adult oriented business to be responsible for the operation of such business at a
particular location at a particular time.
O. "Nudity"or "state of nudity' shall mean the showing of the human male or female
genitals, pubic area,' anus, or buttocks with less than a fully opaque fabric
covering; the showing of the female breast with less than a fully opaque fabric
covering of any part of the areola; or the showing of completely or opaquely
covered, by fabric, male genitals in a discernibly turgid state
P. "Owner" shall mean any of the following: (1) the sole proprietor of an adult
business; (2) any general partner of a partnership that owns and operates an
adult business; (3) the owner of a controlling interest in a corporation or L.L.C.
that owns and operates an adult business; or (4) the person designated by the
officers of a corporation or the members of an L.L.C. to be the license holder for
an adult business owned and operated by the corporation.
Q. "Performer" shall mean a person who is an employee or independent contractor
of an adult business or any other person'who, with or without any compensation
or other form of consideration, provides adult live entertainment or models for
patrons of an "adult business".
R. "Regular and substantial course of conduct' and "regular and substantial portion
of its business" means any adult business where one or more of the following
conditions exist:
1. The business devotes more than fifteen (15) percent or 100 square feet of
' the retail floor area, whichever is less, to adult oriented material; or
Page16of35
"sexually
oriented merchandise."
K. "Adult retail store"shall mean a business establishment having as a regular and
substantial portion of its stock in trade, "adult oriented material" for sale or rent.
Includes a bookstore, video store or store selling adult novelty items.
L. "Establishment of an adult business" shall mean any of the following:
Page 15 of 35
ing
devices that are distinguished or characterized by the emphasis on matter
Page 14 of 35
Page 12 of 35
e right to unobserved masturbation in a public place); County of San
Diego v. 1560 N. Magnolia Ave., 2009 Cal. App. Unpub. LEXIS 1198,, 27-28 (Cal. App.
4th Dist. 2009); Heideman v. S. Salt Lake City, 165 Fed. Appx. 627, 633 (10th Cir.
2006).
CC. The City Council finds that a permit appellant is afforded judicial review of
a decision relating to an adult business permit .pursuant to California Code of Civil
Procedure Sections 1094.5 and 1094.6 and that such review is, by experience, prompt.
Page 10 of 35
, 115 (Ga. 1998); and Red Bluff Drive-
' In, Inc. v. Vance, 648 F.2d 1020 (5th Cir. 1981).
Page 6 of 35
cases of congenital syphilis, were reported for Los Angeles County residents, while the
Page2of35
2. 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; or
3. At least twenty-five percent 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.
S. "Religious facility' shall mean a permanent facility exclusively used on a regular
basis for religious assembly, such as customarily occurs in a synagogue, temple,
mosque, or church, or convent, or monastery.
T. "School' shall mean 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
U. "Semi-nude" or in a "semi-nude condition" shall mean a state of dress in which _-.
clothing covers no more than the genitals, pubic region, and areola or nipple of
the female breast. This definition includes the entire lower portion of the human
female breast.
V. "Sex Club" shall mean any establishment not primarily dedicated to providing
overnight lodging accommodations, including a private club that permits persons
to engage in specified sexual activities in any public or semipublic portion of the
establishment or which provides any private room to persons more than once in
a twenty hour period in which persons are permitted to engage in specified
sexual activities. For the purpose of this section, a "public or semipublic portion of
an establishment" shall mean any portion of the establishment in which
licensees, invitees, visitors or guests of the establishment or its members are
permitted access and which is let, leased or rented more than once in a twenty-
hour period to persons who are entitled to exclusive use of the room. The above
notwithstanding, a "sex club" is also any place which represents itself to any
person or group of persons as a place for persons to engage in specified sexual
activities.
W. "Sexual encounter center" shall mean a business or enterprise that offers for any
form of consideration physical contact in the form of wrestling or tumbling
between two or more persons, when one or more of the persons is in a state of
nudity or semi-nudity.
Page 17 of 35
Page 12 of 35
e right to unobserved masturbation in a public place); County of San
Diego v. 1560 N. Magnolia Ave., 2009 Cal. App. Unpub. LEXIS 1198,, 27-28 (Cal. App.
4th Dist. 2009); Heideman v. S. Salt Lake City, 165 Fed. Appx. 627, 633 (10th Cir.
2006).
CC. The City Council finds that a permit appellant is afforded judicial review of
a decision relating to an adult business permit .pursuant to California Code of Civil
Procedure Sections 1094.5 and 1094.6 and that such review is, by experience, prompt.
Page 10 of 35
, 115 (Ga. 1998); and Red Bluff Drive-
' In, Inc. v. Vance, 648 F.2d 1020 (5th Cir. 1981).
Page 6 of 35
cases of congenital syphilis, were reported for Los Angeles County residents, while the
Page2of35
X. "Sexually Oriented.Merchandise" shall mean:
1. Sexually oriented implements, paraphernalia, or- novelty items, such as,
but not limited to: dildos, auto sucks, sexually oriented vibrators, benwa balls,
inflatable orifices, anatomical balloons with orifices, simulated and battery - --
operated vaginas, and similar sexually oriented devices which are designed or
marketed primarily for the stimulation of human genital organs - or
sado-masochistic activity or distinguished or characterized by their emphasis on
matter depicting, describing or relating to "specified sexual activities" or
"specified anatomical areas"; or -
2. Lingerie presented in combination with other merchandise contained
within this definition or the definition of adult oriented material; leather goods
marketed or presented in a context to suggest their use for sadomasochistic
practices; or condoms or sexual lubricants presented in -combination with other
merchandise contained within this definition or the definition of adult oriented
material.
Y. "Specified Anatomical Areas" shall mean and include any of the following:
1. Less than completely and opaquely covered, and/or simulated to be ---
reasonably anatomically correct, even if completely and opaquely covered
human:
a. genitals, pubic region;
b. buttocks, anus; or
c. female breasts below a point immediately above the top of the
areola; or
2. Human male genitals in a discernibly turgid state, even if completely or
opaquely covered.
Z. "Specified criminal activity' shall mean any of the following offenses:
1. Prostitution or promotion of prostitution; dissemination of obscenity; sale, _ _.
distribution or display of harmful material to a minor; sexual performance
involving a child; possession or distribution of child pornography; public
lewdness; indecent exposure; indecency with a child; engaging in
organized criminal activity; sexual assault; molestation of a child;
gambling; distribution of a controlled substance; state penal code; or any
similar offenses to those described in this subsection under the criminal or
penal code of other states or countries;
2. For which:
Page18of35
or guests of the establishment or its members are
permitted access and which is let, leased or rented more than once in a twenty-
hour period to persons who are entitled to exclusive use of the room. The above
notwithstanding, a "sex club" is also any place which represents itself to any
person or group of persons as a place for persons to engage in specified sexual
activities.
W. "Sexual encounter center" shall mean a business or enterprise that offers for any
form of consideration physical contact in the form of wrestling or tumbling
between two or more persons, when one or more of the persons is in a state of
nudity or semi-nudity.
Page 17 of 35
Page 12 of 35
e right to unobserved masturbation in a public place); County of San
Diego v. 1560 N. Magnolia Ave., 2009 Cal. App. Unpub. LEXIS 1198,, 27-28 (Cal. App.
4th Dist. 2009); Heideman v. S. Salt Lake City, 165 Fed. Appx. 627, 633 (10th Cir.
2006).
CC. The City Council finds that a permit appellant is afforded judicial review of
a decision relating to an adult business permit .pursuant to California Code of Civil
Procedure Sections 1094.5 and 1094.6 and that such review is, by experience, prompt.
Page 10 of 35
, 115 (Ga. 1998); and Red Bluff Drive-
' In, Inc. v. Vance, 648 F.2d 1020 (5th Cir. 1981).
Page 6 of 35
cases of congenital syphilis, were reported for Los Angeles County residents, while the
Page2of35
a Less than two years have elapsed since the date of conviction or the
date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is for a misdemeanor
offense;
b. Less than five years have elapsed since the date of conviction or the
date of release from confinement for the conviction, whichever is the
later date, if the conviction is of a felony offense; or
c. Less than five years have elapsed since the date of the last conviction
or the date of release from confinement for the last conviction,
whichever is the later date, if the convictions are of two or more
misdemeanor offenses or combination of misdemeanor offenses
occurring within any 24-month period.
3. The fact that a conviction is being appealed shall have no effect on the
disqualification of the applicant.
AA. "Specified Sexual Activities" shall mean and include any of the following,
irrespective of whether performed directly or indirectly through clothing or other
covering:
1. Human genitals in a state of sexual stimulation or arousal; and/or
I2. Acts of human masturbation, sexual stimulation or arousal; and/or
3. Use of human or animal ejaculation, sodomy, oral copulation, coitus or
masturbation;and/or
4. Masochism, erotic or sexually oriented torture, beating, or the infliction of
pain, or bondage and/or restraints; and/or
5. Human excretion, urination, menstruation, vaginal or anal irrigation; and/or
6. Fondling or other erotic touching of human genitals, pubic region, buttock,
or female breast.
Section 18.70.030 Conditional Use Permit Required
A. Each adult business must, prior to establishment of such business, first apply for
and receive a conditional use permit.
B. Issuance, modification and/or revocation of a conditional use permit shall be in
accordance with Chapter 18.83 of this title.
Section 18.70.040 Adult Business Permitted
No building, premises, structure or other facility shall be permitted to contain more than
one type of adult business as such types of adult business are defined in Section
Page 19 of 35
similar offenses to those described in this subsection under the criminal or
penal code of other states or countries;
2. For which:
Page18of35
or guests of the establishment or its members are
permitted access and which is let, leased or rented more than once in a twenty-
hour period to persons who are entitled to exclusive use of the room. The above
notwithstanding, a "sex club" is also any place which represents itself to any
person or group of persons as a place for persons to engage in specified sexual
activities.
W. "Sexual encounter center" shall mean a business or enterprise that offers for any
form of consideration physical contact in the form of wrestling or tumbling
between two or more persons, when one or more of the persons is in a state of
nudity or semi-nudity.
Page 17 of 35
Page 12 of 35
e right to unobserved masturbation in a public place); County of San
Diego v. 1560 N. Magnolia Ave., 2009 Cal. App. Unpub. LEXIS 1198,, 27-28 (Cal. App.
4th Dist. 2009); Heideman v. S. Salt Lake City, 165 Fed. Appx. 627, 633 (10th Cir.
2006).
CC. The City Council finds that a permit appellant is afforded judicial review of
a decision relating to an adult business permit .pursuant to California Code of Civil
Procedure Sections 1094.5 and 1094.6 and that such review is, by experience, prompt.
Page 10 of 35
, 115 (Ga. 1998); and Red Bluff Drive-
' In, Inc. v. Vance, 648 F.2d 1020 (5th Cir. 1981).
Page 6 of 35
cases of congenital syphilis, were reported for Los Angeles County residents, while the
Page2of35
18.70.020 of this chapter. For the purposes of this section, the catch-all phrase "adult
business" shall not be considered a single type of adult business.
Section 18.70.050 Location Requirements and Measurement of Distances
A. There is created a classification known as the adult business (AB) overlay zone.
The zoning map identifying the adult business (AB) overlay zone is attached to the
ordinance codified in this chapter as Exhibit A and is on file in the office of the city clerk.
The regulations set forth in this chapter shall apply in all zones, in addition to other
applicable regulations set forth in this chapter and other applicable portions of 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 for any zone -
or area which is combined with the AB overlay zone, then in such case the provisions of
this chapter shall govern as to matters pertaining to planning and zoning. Subject to the
foregoing, adult businesses shall be permitted in all areas designated as being located
in the AB overlay zone, provided that each adult business must comply with all
applicable regulations of other zoning use designations with which the AB overlay zone
is combined.
B. Separation Standards. A permitted adult business shall maintain the following
spatial requirements:
1. No adult business shall be located closer than five hundred (500) feet from
any park, school, church, or day care center; and
2. No adult business shall be located closer than one thousand (1,000) feet
from a residential zone district; and
3. No adult business shall be located within one thousand (1,000) feet of
another adult business; and
C. Measurement. Where one use is required to be separated from another use,
measurements shall be made in accordance with the following:
1. The required separation distance shall be measured in a straight line from
the nearest point of the structure containing the adult business to the nearest
property line of the land uses identified in subsection 18.70.050(B).
2. If the adult business is located in a multi-tenant building, then the distance
shall be measured in a straight line from the nearest point of the portion of the
building occupied by the adult business to the nearest property line occupied by
the land uses identified in subsection on 18.70.050(B).
3. The required :.distance separation from uses identified in subsection
18.70.050(B) shall apply regardless of whether such land use is located inside or _-.
outside the boundaries of the City of Grand Terrace.
Page 20of35
rson or group of persons as a place for persons to engage in specified sexual
activities.
W. "Sexual encounter center" shall mean a business or enterprise that offers for any
form of consideration physical contact in the form of wrestling or tumbling
between two or more persons, when one or more of the persons is in a state of
nudity or semi-nudity.
Page 17 of 35
Page 12 of 35
e right to unobserved masturbation in a public place); County of San
Diego v. 1560 N. Magnolia Ave., 2009 Cal. App. Unpub. LEXIS 1198,, 27-28 (Cal. App.
4th Dist. 2009); Heideman v. S. Salt Lake City, 165 Fed. Appx. 627, 633 (10th Cir.
2006).
CC. The City Council finds that a permit appellant is afforded judicial review of
a decision relating to an adult business permit .pursuant to California Code of Civil
Procedure Sections 1094.5 and 1094.6 and that such review is, by experience, prompt.
Page 10 of 35
, 115 (Ga. 1998); and Red Bluff Drive-
' In, Inc. v. Vance, 648 F.2d 1020 (5th Cir. 1981).
Page 6 of 35
cases of congenital syphilis, were reported for Los Angeles County residents, while the
Page2of35
4. The separation measurements shall be provided and certified by a
licensed professional surveyor or licensed civil engineer hired by the adult
business.
D. Nonconformity. No legally permitted adult business shall become nonconforming
through subsequent establishment of a park, school, church, or day care center; or
residential zone district located in closer proximity to the permitted adult business than
what is required by the separation standards in this Section.
Section 18.70.060 Determination of Use
A. Before the submittal of an application for a Conditional Use Permit for an adult
business is submitted to the City, an applicant may submit a "Determination of.Use
Application" to the community development director containing the following information:
1. A legal description and sketch of the parcel for the proposed use;
2. Confirmation of the applicant's ownership, controlling interest in the
property, or property owner's permission to submit the Determination of Use
Application;
3. Detailed description and type of proposed adult business;
4. A professional licensed land surveyor's or licensed civil engineer's
delineation of the proposed building, lot lines and the location of its primary
entrance and confirming via specific measurements that the proposed adult
business meets the separation distances identified in Section 18.070.050 of this
chapter; and
5. Payment of the applicable filing fee.
B. Action on Determination of .Use Application. Within five (5) business days of
receipt of a complete Determination of Use Application, the community development
director shall:
1. Determine whether the proposed use is a permitted use in the zoning
district in which it is to be located;
2. Determine whether the proposed use meets the required separation
distances; and
3. If the above criteria are satisfied, approve the Determination of Use '-"
Application, after which the applicant may submit a Conditional Use Permit
application in accordance with Chapter 18.83 of the Zoning Code.
Section 18.70.070 Development Standards
A. In addition to the site development standards contained in the underlying zone
district, an adult business shall conform to the following:
Page 21 of 35
the land uses identified in subsection on 18.70.050(B).
3. The required :.distance separation from uses identified in subsection
18.70.050(B) shall apply regardless of whether such land use is located inside or _-.
outside the boundaries of the City of Grand Terrace.
Page 20of35
rson or group of persons as a place for persons to engage in specified sexual
activities.
W. "Sexual encounter center" shall mean a business or enterprise that offers for any
form of consideration physical contact in the form of wrestling or tumbling
between two or more persons, when one or more of the persons is in a state of
nudity or semi-nudity.
Page 17 of 35
Page 12 of 35
e right to unobserved masturbation in a public place); County of San
Diego v. 1560 N. Magnolia Ave., 2009 Cal. App. Unpub. LEXIS 1198,, 27-28 (Cal. App.
4th Dist. 2009); Heideman v. S. Salt Lake City, 165 Fed. Appx. 627, 633 (10th Cir.
2006).
CC. The City Council finds that a permit appellant is afforded judicial review of
a decision relating to an adult business permit .pursuant to California Code of Civil
Procedure Sections 1094.5 and 1094.6 and that such review is, by experience, prompt.
Page 10 of 35
, 115 (Ga. 1998); and Red Bluff Drive-
' In, Inc. v. Vance, 648 F.2d 1020 (5th Cir. 1981).
Page 6 of 35
cases of congenital syphilis, were reported for Los Angeles County residents, while the
Page2of35
1. Structures. No adult business shall be located in any temporary, portable
or manufactured structure.
2. Exterior Fencing. No adult business shall have any fencing or other
structure exceeding five (5) feet in height that obstructs the view of the parking lot
or entrance ways of the-business.
3. Security cameras. Adult businesses shall comply with the following
security requirements:
a. The adult business shall provide a surveillance system that visually
records and monitors all parking lot areas, rear alley areas immediately adjacent to the
business, the main building entrance(s) and exit(s), and any and all cash registers or
cash offices on the premises of the adult business. The business owner or his/her
designated representative shall instruct the company or individual(s) installing the
surveillance equipment at the adult business to .position cameras to maximize the
quality of facial and body images and to avoid backlighting and physical obstructions.
The adult business and the company or individual(s) installing the surveillance
equipment for any adult business shall both be responsible for insuring reasonable
compliance with the provisions of this section and the instructions by the adult business
in installing such equipment at the adult business.
b. The owner of the adult business shall also be responsible for
insuring that the adult business' video surveillance system complies with the following
minimum standards.
i. Video Cameras. Cameras shall have a minimum resolution
of five hundred lines per inch and a minimum light factor requirement of 0.7 LUX.
Light sensitive lenses or the installation of additional lighting may be required to
increase picture clarity and brightness. Cameras shall be calibrated and focused
to maximize the quality of the recorded image.
ii. Video Recorder. The recording device shall be defined as a
"high density recorder" by manufacturer specifications. The device shall be a
time-lapse recorder that displays a current date and time stamp on the video - -
recording. Systems required to have more than one camera shall include a
"quad" or "multiplexer" video display splitter. Quad or multiplexed video systems
shall be digital and must have the ability to isolate individual camera angles for
maximized play back. The recording equipment and all video recordings shall be
secured in a locked area in which access is limited to the adult business owner,
the permit holder, or his/her designated representative(s).
iii. Display Monitor. A display monitor with a minimum screen
size of twelve inches shall be connected to the video surveillance system at all
times. If a "quad" video display splitter is utilized, the display monitor shall have a
minimum screen size of fifteen inches.
Page22of35
cal contact in the form of wrestling or tumbling
between two or more persons, when one or more of the persons is in a state of
nudity or semi-nudity.
Page 17 of 35
Page 12 of 35
e right to unobserved masturbation in a public place); County of San
Diego v. 1560 N. Magnolia Ave., 2009 Cal. App. Unpub. LEXIS 1198,, 27-28 (Cal. App.
4th Dist. 2009); Heideman v. S. Salt Lake City, 165 Fed. Appx. 627, 633 (10th Cir.
2006).
CC. The City Council finds that a permit appellant is afforded judicial review of
a decision relating to an adult business permit .pursuant to California Code of Civil
Procedure Sections 1094.5 and 1094.6 and that such review is, by experience, prompt.
Page 10 of 35
, 115 (Ga. 1998); and Red Bluff Drive-
' In, Inc. v. Vance, 648 F.2d 1020 (5th Cir. 1981).
Page 6 of 35
cases of congenital syphilis, were reported for Los Angeles County residents, while the
Page2of35
c. Video surveillance systems shall be maintained in good working order at
' all times. The owner of the adult business shall instruct each employee to immediately
report any malfunctioning of or technical problems whatsoever with surveillance
equipment. Every three months, the business owner or his/her designated
representative shall inspect all cameras:and video recorders to ensure proper operation
and shall perform the following functions: the camera lenses shall be cleaned and
calibrated into focus; any recording heads or other optical equipment shall be cleaned
or optimized in another applicable manner, and the date and time stamp shall be
calibrated to reflect true information; all wires connected to the camera and video
recording device shall be inspected for wear and tear; and, a test recording shall be
done to verify the image quality and date and time stamp. The business owner or
his/her designated representative shall keep a video surveillance' maintenance log
documenting all inspections and repairs to the system. Any technical problems or
inoperable equipment shall be repaired as soon as possible, not to exceed fifteen days
from discovery of the problem. The video surveillance system and maintenance log are
subject to periodic inspection by the police department, in order to ensure compliance
with this section.
d. The video surveillance system and recording device shall be in continuous
operation from one full hour before to one full hour after the adult business is open to
the public, or any portion thereof. Video recordings of daily business operations shall be
kept a minimum of thirty days prior to reuse, destruction or deletion of such video
recordings, and shall be provided to the police department upon request. If recordings
' provided to the police department pursuant to this section are digital, a copy of "player"
software shall be provided with the recording, in order to allow viewing of the digital
_ recording(s). Such video recordings shall be clearly marked with the date the video
recording was most recently recorded, and, in the event there are multiple recordings of
the same date, each video recording shall be clearly marked in the sequential numerical
order that it was so recorded.
e. The city recognizes that video technology is rapidly changing and that the
requirements of this section with respect to video recordings may not keep up with
available technology. The Community Development Director, therefore, is authorized to
permit minor deviations from the technical requirements of this section in order to allow
the use of additional sources of video and recording technology, so long as such minor
deviations are in keeping with the overall purpose of this section to provide for video
recordings with images of individuals and activities at adult business establishments
that are discernible and recognizable in order to further law enforcement efforts and in
order to deter unlawful, unsafe and unhealthy activities or conduct at adult business
establishments.
f. The Community Development Director or the Sheriff's Department may
increase or decrease the video security requirements set for in this subsection should
the particular circumstances at an adult business demonstrate the need for such
change.
Page 23 of 35
f
a decision relating to an adult business permit .pursuant to California Code of Civil
Procedure Sections 1094.5 and 1094.6 and that such review is, by experience, prompt.
Page 10 of 35
, 115 (Ga. 1998); and Red Bluff Drive-
' In, Inc. v. Vance, 648 F.2d 1020 (5th Cir. 1981).
Page 6 of 35
cases of congenital syphilis, were reported for Los Angeles County residents, while the
Page2of35
4. Lighting. All exterior areas and the entire perimeter of the building in which
i the adult business operates, including parking lots, landscaped areas, driveways,
walkways, entry areas, refuse storage areas and premise entries/exits, of the adult
business shall be illuminated with fixtures of sufficient intensity and number to
uniformly illuminate every portion of the specified areas with an illumination level
from dawn to dusk at a minimum of 1.50 foot-candles, maintained and evenly
distributed at ground level with appropriate devices to screen, deflect or diffuse the
lighting in such manner as to prevent glare or reflected light from creating adverse
impacts on adjoining public and private properties. Inoperable and/or broken lights
shall be replaced within 24 hours.
5. Signs. All adult businesses shall comply with the following sign
requirements, in addition to those of the Chapter 18.80 (Signs) of the Zoning Code.
Should a conflict exist between the requirements of the Zoning Code and this
subsection, the more restrictive shall prevail.
a. 'All proposed exterior signage shall be submitted with the
conditional use permit application.
b. If an adult business does not serve alcohol, it shall post a notice inside the
establishment, within ten feet (10') of every entrance used by customers for
access to the establishment, stating that persons below the age of eighteen (18)
years of age are prohibited from entering onto the premises or within the confines
411, of the adult business. This notice shall be posted on a wall in a place of
prominence. The dimensions of the notice shall be no less than six inches (6")
by six inches (6"), with a minimum typeface of 25 points. If the adult business
serves alcohol, it shall comply with all notice and posting- requirements of the -
--
Alcoholic Beverage Control Department. The adult business and its employees
and independent contractors shall be responsible for checking identification to
insure compliance with this Section.
c. No adult oriented material shall be displayed in window areas or any area
where it would. be visible from any location other than within the confines of the
adult business.
d. Signage shall not contain any flashing lights.
Section 18.70.080 General Operating Standards
A. All adult business shall comply with the following:
1. Specified criminal acts prohibited. No owner, manager, employee,
independent contractor, server, entertainer or customer shall engage in or permit others
to engage in any specified criminal act on the premises of the business. --.
2. Establishment license. All adult businesses shall post the license issued
pursuant to Chapter 5.84 of the Grand Terrace Municipal Code in a conspicuous, easily
viewable location, at eye level, at the main cash register for the business and lighted in
a manner for ease of inspection.
Page 24 of 35
es or conduct at adult business
establishments.
f. The Community Development Director or the Sheriff's Department may
increase or decrease the video security requirements set for in this subsection should
the particular circumstances at an adult business demonstrate the need for such
change.
Page 23 of 35
f
a decision relating to an adult business permit .pursuant to California Code of Civil
Procedure Sections 1094.5 and 1094.6 and that such review is, by experience, prompt.
Page 10 of 35
, 115 (Ga. 1998); and Red Bluff Drive-
' In, Inc. v. Vance, 648 F.2d 1020 (5th Cir. 1981).
Page 6 of 35
cases of congenital syphilis, were reported for Los Angeles County residents, while the
Page2of35
3. Licenses available for managers and entertainers. Each manager issued
an adult business managers license, pursuant to Chapter 5.88 of the Grand Terrace
Municipal Code shall, at all times when on the premises of the licensed business, have
said license in his or her possession. The license for each entertainer issued an
entertainer's license pursuant to Chapter 5.88 of the Grand Terrace Municipal Code
shall be retained for ready inspection on the premises of the adult business during all
times that an entertainer is providing entertainment subject to the license on the
premises.
4. Concealing specified sexual activities and specified anatomical areas from
public view. No adult-oriented business shall be operated in any manner that permits
the observation of any material or activities depicting, describing, or relating to specified
sexual activities or specified anatomical areas from any. public way or from any location
outside the building of such establishment. This section shall apply to any display,
decoration, sign, or show window.
5. Exterior doors and windows. No exterior door or window on the premises
shall be propped or kept open at any time while the business is open to the public, or
portions thereof, and any exterior windows shall be covered with opaque covering at all
times.
6. Indoor areas open to view by management. All indoor areas of the adult-
oriented business where patrons or members of the public are permitted, excluding -
- � restrooms, shall be open to view by management at all times.
7. Manager on duty. All adult businesses shall have a licensed manager on
duty at all. times the business is open to the public, or any portion thereof, for any
purpose, and said manager's name shall be posted in a conspicuous, easily viewable
location, at eye level, at the main cash register for the business and lighted in a manner
for ease of inspection. The individual(s) designated as the on-site manager or other
direct contact of person who can address issues shall be registered with the City's
Community Development Director by the owner to receive all complaints and shall be
given by the owner and/or operator the responsibility and duty to address and
immediately resolve all violations taking place on the premises. No on-duty manager
shall act as a door person, ticket seller, ticket taker, admittance person, security guard,
performer or adult cabaret dancer during any time that that person is designated as or is
acting as the on-duty manager.
8. Hours of Operation. It shall be unlawful for any owner, operator, manager, --.
employee or independent contractor of an adult business to allow such adult business
to remain open for business, or to allow any employee, independent contractor or
performer to engage in a performance, solicit a performance, make a sale, solicit a sale,
provide a service, or solicit a service, between the hours of 12:00 a.m. and 9:00 a.m. of
any day excepting an "adult hotel/motel". The hours of operation of any adult business
which has a permit from the California Department of Alcoholic Beverage Control shall
be governed by the provisions of that permit and not by this section as to operating
hours. It is also unlawful for any performer or adult cabaret dancer of an adult business
to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a
Page 25 of 35
lifornia Code of Civil
Procedure Sections 1094.5 and 1094.6 and that such review is, by experience, prompt.
Page 10 of 35
, 115 (Ga. 1998); and Red Bluff Drive-
' In, Inc. v. Vance, 648 F.2d 1020 (5th Cir. 1981).
Page 6 of 35
cases of congenital syphilis, were reported for Los Angeles County residents, while the
Page2of35
service, or solicit a service, between the hours of 12:00 a.m. and 9:00 a.m. of any
particular day. __.
9. Noise. No loudspeakers or sound equipment shall be used by an adult
business for the amplification of sound to a level discernible by the public from outside
the building in which such use is conducted or which violates the City's Noise
Ordinance.
10. Security Guards. All adult businesses shall employ security guards in
order to maintain the public peace and.safety, based upon the following standards:
a. Adult businesses providing live entertainment shall provide at least
one security guard continuously from one full,hour before to one full hour after
any adult live entertainment is conducted at the business, to maintain the peace
and to enforce all statutes, ordinances and conditions of the permit. If the
occupancy limit of the premises is greater than 35 persons, an additional security
guard shall be on duty during the required time period.
b. Security guards for other adult businesses may be required or the ---
number of required guards . may be increased from the requirements in
subsection a, if it is determined by the Sheriff's Department or the Community
Development Director that their presence is necessary based upon the particular
circumstances at such adult business demonstrating the need for such change.
c. Security guard(s) shall be charged with preventing violations of law
and enforcing compliance by patrons, employees and entertainers with the
requirements of these regulations. Security guard(s) 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. Security guards shall otherwise
comply with the provisions of California Business and Professions Code Section
7582, et seq. No security guard required pursuant to this subsection shall act as
a door person, ticket seller, ticket taker, admittance person, or sole occupant of
the manager's station while acting as a security guard.
d. Security guard(s) shall regularly patrol the parking lot and adjacent --.
outdoor areas of the facility to maintain order therein and prevent any illegal or
nuisance activity adjacent to the adult business or caused by patrons of the adult
business.
11. Trash. At least as often as at the time of the opening and closing of the
adult business, the front and rear exit(s)/entrance(s), along with the parking lot, shall be
inspected for trash and debris and any trash and debris found shall be immediately
removed.
12. Age of employees. Employees, including independent contractors, of an
adult business must be at least eighteen (18) years of age. It shall be unlawful for any
owner, operator, manager, partner, director, officer, shareholder with a ten percent
(10%) or greater interest, employees, or other person in charge of any adult business to
employ, contract with, or otherwise retain any services in connection with the adult
Page 26 of 35
rol shall
be governed by the provisions of that permit and not by this section as to operating
hours. It is also unlawful for any performer or adult cabaret dancer of an adult business
to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a
Page 25 of 35
lifornia Code of Civil
Procedure Sections 1094.5 and 1094.6 and that such review is, by experience, prompt.
Page 10 of 35
, 115 (Ga. 1998); and Red Bluff Drive-
' In, Inc. v. Vance, 648 F.2d 1020 (5th Cir. 1981).
Page 6 of 35
cases of congenital syphilis, were reported for Los Angeles County residents, while the
Page2of35
business with or from any person who is not at least eighteen (18) years of age. If
liquor is served at the adult business, employees, including independent contractors,of
the adult business must be at least twenty-one (21) years of age. If liquor is served at
the adult business, it shall be unlawful for any owner, operator, manager, partner,
director, officer, shareholder with a ten percent (10%) or greater interest, employee, or
other person in charge of any adult business to employ, contract with, or otherwise
retain any services in connection with the adult business with or from any person who is
not twenty-one (21) years of age. Said persons shall exercise reasonable care in
ascertaining the true age of persons seeking to contract with, be employed by, or
otherwise service the adult business, including verifying with validly issued official
government identification and any additional requirements as may be imposed by the
California Department of Alcoholic Beverage Control.
13. Age of patrons. It shall be unlawful for any owner, operator, manager, -.
partner, director, officer, shareholder with a ten percent (10%) or greater interest,
employee, independent contractor, or other person in charge of any adult business to
permit to enter or remain within the adult business any person who is.not at least
eighteen (18) years of age. If liquor is served at the adult business, patrons must be at
least twenty-one (21) years of age. If liquor is served at the adult business, it shall be
unlawful for any owner, operator, manager, partner, director, officer, shareholder with a
ten percent (10%) or greater interest, employee, independent contractor, or other
person in charge of any adult business to permit to enter or remain within the adult
business any person who is not at least twenty-one (21) years of age. And said
persons shall exercise reasonable care in ascertaining the true age of persons entering
the adult business.
14. Regulation of Public Restroom Facilities. If the adult business provides
restrooms for patron use, it shall provide separate restroom facilities for male and
female patrons. The restrooms shall be free from adult oriented material. Only.one (1)
person shall be allowed in each restroom at any time, unless otherwise required by law, --.
in which case the adult business shall employ a restroom attendant of the same sex as
the restroom users who shall be present in the public portion of the restroom during
operating hours. The attendant shall insure that no person of the opposite sex is
permitted into the restroom, and that not more than one (1:) person is permitted to enter
a restroom stall, unless otherwise required by law, and, with the exception of urination,
that no persons engage in any specified sexual activity or the exposure of specified
anatomical parts in the public portion of the restroom. Access to restrooms for patron
use shall not require passage through an area used as a dressing area by performers.
15. Interior Lighting Requirements. All interior areas of an adult business shall
be illuminated at all times during which the adult business is open to the public, or any
portion thereof, with overhead fixtures of sufficient intensity and number to uniformly
illuminate every place to which patrons are permitted access with an illumination level at
a minimum of the following foot candles, minimally maintained and evenly distributed at
ground level. Inoperable and/or broken lights shall be replaced within twenty-four (24)
hours: - -
Page27of35
; and Red Bluff Drive-
' In, Inc. v. Vance, 648 F.2d 1020 (5th Cir. 1981).
Page 6 of 35
cases of congenital syphilis, were reported for Los Angeles County residents, while the
Page2of35
_ Use Footcandles
Adult retail store 20
10, except during performances,
at which time the lighting in the
Adult theater, cabaret, motion area of the performance shall be at
picture theater least 1.25 footcandles. All other
areas shall be 20 footcandles during
performances. __.
Adult arcade, viewing area/booth 10
Adult hotel/motel 20 in public areas only
Adult modeling/photography 20
studio
16. Display of Adult Oriented Materials. All displays of materials characterized
or distinguished by matters describing or relating to "specified sexual activities" or
"specified anatomical areas," as defined in this Code, shall be completely screened from
public view as viewed from adjacent sidewalks, public rights-of-way, and parking areas.
Section 18.70.090 Regulation of Adult Arcades and Adult Booth/Individual
Viewing Area
A. The following additional requirements apply to adult arcades and businesses ---
providing adult booth/individual viewing areas.
1. Visibility from manager station(s). The interior of the premises shall be
configured in such a manner that there is an unobstructed view from a manager's
station of every area of the premises to which any patron,is permitted access for any
purpose, excluding restrooms. If the premises has two or more manager's stations
designated, then the interior of the premises shall be configured in such a manner that
there is an unobstructed view of each area of the premises to which any patron is
permitted access for any purpose from at least one of.the manager's stations. The view
required in this subsection must be a direct line of sight from the manager's station.
2. Occupancy. No adult booth/individual viewing area shall be occupied by
more than one individual at atime.
3. Visibility of adult booth/individual viewing area. Each adult booth/individual
viewing area within the adult business shall be visible from a continuous and accessible _
main aisle in a public portion of the establishment, and shall not be obscured by any
door, curtain,wall, two-way mirror or other device which would prohibit a person from
seeing the entire interior of the adult booth/individual viewing area from the main aisle.
Any adult business may have more than one manager station in order to ensure
compliance with this regulation. At all times, the manager station(s) shall be maintained
to ensure a clear line of sight into the interior of the adult/booth individual viewing area.
Page 28 of 35
an one (1:) person is permitted to enter
a restroom stall, unless otherwise required by law, and, with the exception of urination,
that no persons engage in any specified sexual activity or the exposure of specified
anatomical parts in the public portion of the restroom. Access to restrooms for patron
use shall not require passage through an area used as a dressing area by performers.
15. Interior Lighting Requirements. All interior areas of an adult business shall
be illuminated at all times during which the adult business is open to the public, or any
portion thereof, with overhead fixtures of sufficient intensity and number to uniformly
illuminate every place to which patrons are permitted access with an illumination level at
a minimum of the following foot candles, minimally maintained and evenly distributed at
ground level. Inoperable and/or broken lights shall be replaced within twenty-four (24)
hours: - -
Page27of35
; and Red Bluff Drive-
' In, Inc. v. Vance, 648 F.2d 1020 (5th Cir. 1981).
Page 6 of 35
cases of congenital syphilis, were reported for Los Angeles County residents, while the
Page2of35
Further, no one shall maintain any adult booth/individual viewing area in any
configuration unless the entire interior wherein the picture or entertainment that is
viewed is visible from the manager station(s). The entire body of any patron in any
adult booth/individual viewing area must be visible from the main aisle and the manager
station(s) without the assistance of mirrors or any other device.
4. Obstruction of view prohibited. No doors are permitted on an adult
booth/individual viewing area. No partially or fully enclosed adult booth/individual
viewing areas or partially or fully concealed adult booth/individual viewing areas shall be
maintained.
5. Maintenance of booths/individual viewing areas. No holes or. other
openings shall be permitted between adult booths/individual viewing areas. Any such
hole or opening shall be repaired within twenty-four (24) hours using "pop" rivets to
secure metal plates over the hole or opening to prevent patrons from removing the
metal plates.
6. Seating. No beds, couches or chairs with a sitting area greater than
twenty-four inches (24") wide shall be permitted in an adult booth/individual viewing
area. .
7. Manager station. At all times that a booth is occupied, the manager must . -.
be at the manager's station.
Section 18.70.100 Regulation of Adult Live Entertainment
A. The following additional requirements shall apply to adult businesses providing
adult live entertainment:
1. Separation. No live entertainment shall be conducted at an adult
business except upon a permanently fixed stage at least eighteen inches (18") above
the level of the floor which is separated by a distance of at least ten feet (10') between
patrons and performers at all times while performing, and no patron shall be permitted
within ten feet (10') of the stage while the stage is occupied by a performer. Fixed rail(s)
or similar barrier measuring at least thirty inches (30") in height shall be maintained
establishing the separations between performers and patrons.
2. Contact prohibited. No performer or adult cabaret dancer, during
performances, shall have physical contact with a patron and no patron shall have -
physical contact with a performer or adult cabaret dancer during performances. This
subsection shall only apply to physical contact anywhere on the premises of the adult
business. This prohibition does not extend to incidental touching.
In addition, while on the premises, no performer or adult'cabaret dancer shall have
physical_contact with a patron and no patron shall have physical contact with a
performer or adult cabaret dancer, which physical .contact involves the touching of
the clothed or unclothed genitals, pubic area, buttocks, cleft of the buttocks,
`� perineum,, anal region, or female breast with any part or area of any other person's
Page 29 of 35
ot require passage through an area used as a dressing area by performers.
15. Interior Lighting Requirements. All interior areas of an adult business shall
be illuminated at all times during which the adult business is open to the public, or any
portion thereof, with overhead fixtures of sufficient intensity and number to uniformly
illuminate every place to which patrons are permitted access with an illumination level at
a minimum of the following foot candles, minimally maintained and evenly distributed at
ground level. Inoperable and/or broken lights shall be replaced within twenty-four (24)
hours: - -
Page27of35
; and Red Bluff Drive-
' In, Inc. v. Vance, 648 F.2d 1020 (5th Cir. 1981).
Page 6 of 35
cases of congenital syphilis, were reported for Los Angeles County residents, while the
Page2of35
- body either before or after any live entertainment by such performer or adult cabaret _,
dancer.
3. Signs. Patrons shall be advised of the separation and no touching
requirements by signs conspicuously displayed and placed on-the barrier between
patrons and performers and utilizing red or black printing of letters not-less than one
inch (1") in size. And, if necessary, patrons shall also be advised of the separation and
no touching requirements by employees or independent contractors of the
establishment.
4. Clothing. All employees, performers, and independent contractors of the
adult facility, while on or about the premises or tenant space, shall wear at a minimum
an opaque covering which covers their specified anatomical areas. As to performers or
cabaret dancers while performing adult live entertainment, such performers or cabaret
dancers must wear, at a minimum what is commonly referred to as pasties and a g-
string, or other attire that similarly provides at least an opaque covering which does not
expose the areola or nipples of the female breast, and while covering the natal cleft and _
pubic area covers not less than one inch on either side of the entire length of the natal
cleft and two inches across the pubic area. No person, and no owner or other person
with managerial control over an adult business shall permit any person, on the premises
of the adult business to engage in any live showing of the human male or female
genitals, pubic area, or buttocks with less than a fully opaque covering, and/or the
female breasts with less than a fully opaque covering over any part of the nipple or
areola and/or covered male genitals in a discernibly turgid state. This provision may not
be complied with by applying an opaque covering simulating the appearance of the
specific anatomical part required to be covered. No performer or adult cabaret dancer
shall appear in the nude on the premises of an adult business at any time, except in a
dressing room that is maintained for the exclusive use of performers and adult cabaret
dancers, and to which the public, or any portion there, is not admitted, or in restrooms.
5. Tips. Patrons shall not throw money to performers, place monies in the
performers' costumes or otherwise place or throw monies on the stage or to performers.
If patrons wish to pay or tip performers, payment or tips may be placed in containers. _ _.
Patrons shall be advised of this requirement by signs conspicuously displayed and
placed on the barrier between patrons and performers and utilizing red or black printing
of letters not less than one inch (1") in size. If necessary, patrons shall also be advised
of the tipping and gratuity requirements by employees or independent contractors of the
adult business.
6. Dressing rooms. The adult business shall provide dressing rooms for
performers, that are separated by gender and exclusively dedicated to the performers'
use and which the performers shall use. Same gender performers may share a
dressing room. Patrons shall not be permitted in dressing rooms.
7. Performer entrance/exit. The adult business shall provide an
entrance/exit to the establishment for performers that is separate from the entrance/exit
used by patrons, which the performers shall use at all times.
Page 30 of 35
nimum of the following foot candles, minimally maintained and evenly distributed at
ground level. Inoperable and/or broken lights shall be replaced within twenty-four (24)
hours: - -
Page27of35
; and Red Bluff Drive-
' In, Inc. v. Vance, 648 F.2d 1020 (5th Cir. 1981).
Page 6 of 35
cases of congenital syphilis, were reported for Los Angeles County residents, while the
Page2of35
8. Separate access. The adult business shall provide access for performers
S between the stage and the dressing rooms that 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 performers between the dressing
room area and the stage, with a railing, fence or other barrier separating the patrons
and the performers capable of (and which actually results in) preventing any physical
contact between patrons and performers and. the patrons must also be three feet'(3')
away from the walk aisle. Nothing in this Section is intended to exempt the adult
business from compliance with the provisions of Title 24 of the California Code of
Regulations pertaining to handicapped accessibility.
9. Stage Access. The adult business, its manager(s), employees and/or
performer(s) shall prohibit any person other than a licensed performer, employee or
agent for purposes relating to operation of the adult business from occupying the stage
area.
10. Seating. Seating shall consist of chairs or open booths; No couches,
beds, loose cushions or mattresses, or other forms of seating shall be provided.
Section 18.70.110 Regulation of Adult Motion Picture Theater
A. The following additional requirements shall apply to adult motion picture theaters:
1. Presentation area.All screenings of motion pictures, videos or other
11,
media shall occur in a room open to all customers of the establishment. No walls,
dividers, curtains, screens, shades or other similar devices shall be used to partition any
part of the screening room.
2. Seating. Seating in the , presentation area shall consist of individual,
theater-style chairs (maximum seat width twenty (20) inches), with solid arms
separating the chairs. No couches, benches, portable chairs, beds, loose cushions or
mattresses, or other forms of seating shall be provided by the adult business or
permitted-in the presentation area. Separate spaces for wheelchairs shall be provided in
accordance with the applicable provisions of the building code and the Americans with
Disabilities Act; and:
a. Have a continuous main aisle alongside the seating areas in order
that each person seated in the hall or auditorium area shall be visible from the
aisle at all times.
b. Have a sign posted in a conspicuous place at or near each
entrance to the hall or auditorium area which lists the maximum number of
persons who may occupy the hall or auditorium area, which number shall not
exceed the number of seats within the hall or auditorium area.
Section 18.70.120 Regulation of Adult Modeling and Adult Photography Studios --
A. The following additional requirements shall apply to adult modeling and
photography studios:
Page 31 of 35
arated by gender and exclusively dedicated to the performers'
use and which the performers shall use. Same gender performers may share a
dressing room. Patrons shall not be permitted in dressing rooms.
7. Performer entrance/exit. The adult business shall provide an
entrance/exit to the establishment for performers that is separate from the entrance/exit
used by patrons, which the performers shall use at all times.
Page 30 of 35
nimum of the following foot candles, minimally maintained and evenly distributed at
ground level. Inoperable and/or broken lights shall be replaced within twenty-four (24)
hours: - -
Page27of35
; and Red Bluff Drive-
' In, Inc. v. Vance, 648 F.2d 1020 (5th Cir. 1981).
Page 6 of 35
cases of congenital syphilis, were reported for Los Angeles County residents, while the
Page2of35
1. Furniture. An adult modeling and/or photography studio shall not place or
• permit a bed, sofa, or mattress in any room on the premises open to the public or
any portion thereof, except that a sofa may be placed in a reception room open to
the public.
Section 18.70.130 Regulation of Adult Retail Store
The following additional requirements shall apply to adult retail stores:
1. Age of patrons. The selling, renting and/or displaying of x-rated movies,
videotapes, digital video disks (DVDs), compact disks (CDs) and laser disks shall be
restricted to persons over eighteen (18) years of age. If an establishment that is not
otherwise prohibited from providing access to the establishment to persons under
eighteen (18) years of age sells, rents, or displays movies, videos, DVDs, CDs or laser
disks that have been rated "X" or rated'"NC-17" by the motion picture rating industry
("MPAA"), or which have not been submitted to the MPAA for a rating, and which
consist of images that are distinguished or characterized by an emphasis on depicting
or describing specified sexual activities or specified anatomical areas, said movies,
videos, DVDs, CDs, and laser disks shall be located in a specific section of the
establishment where these items are not visible to persons under the age of eighteen
(18) and from which persons under the age of eighteen (18) shall be prohibited.
2. Separate room. If a business offers for sale or rent both non adult oriented
materials and/or merchandise and adult oriented materials and/or sexually oriented
111 merchandise, the adult oriented materials and/or merchandise shall be kept in a --.
separate room, physically and visually separate from the remainder of the store by an
opaque wall reaching at least eight (8) feet high or to the ceiling, whichever is less, and
posted with a sign clearly stating that no one under the age of eighteen (18) shall enter
the room where the adult oriented materials and/or merchandise is located, unless the
entire premises is limited to individuals over the .age of eighteen (18). The on-duty
manager and owner shall be responsible at all times for verifying the age of individuals
entering this restricted area.
3. Age limit. No person under, the age of eighteen (18) shall be permitted
entry into a room containing adult oriented materials and/or sexually oriented
merchandise.
4. Location. If a business offers for sale or rent other materials and/or
merchandise, the entrance to the room containing the adult oriented materials and/or
sexually oriented merchandise shall be located so that it is as far as reasonably
practicable from materials and/or merchandise likely to be of interest to children. --.
5. Room size. Any room wherein adult oriented materials and/or sexually
oriented merchandise is offered for sale or rent shall be in an area containing at least
six hundred (600) square feet and having no walls, dividers, curtains, screens, shades
or other similar devices to obscure any part of the room from being monitored by the
manager, unless it is to separate the adult oriented materials and/or sexually oriented
merchandise from non-adult oriented materials or sexually oriented merchandise.
Page32of35
times.
Page 30 of 35
nimum of the following foot candles, minimally maintained and evenly distributed at
ground level. Inoperable and/or broken lights shall be replaced within twenty-four (24)
hours: - -
Page27of35
; and Red Bluff Drive-
' In, Inc. v. Vance, 648 F.2d 1020 (5th Cir. 1981).
Page 6 of 35
cases of congenital syphilis, were reported for Los Angeles County residents, while the
Page2of35
6. On-site entertainment prohibited. At no time shall the store provide any
• type of on-site adult live entertainment, or show any type of adult oriented electronic
imagery on the premises.
7. Displays. No displays of adult oriented materials, adult oriented images,
and/or sexually oriented merchandise shall be visible from outside the room containing
adult oriented materials and/or sexually oriented merchandise or from the exterior of the
business.
8. Monitoring. Activities in any room having adult oriented materials and/or
sexually oriented merchandise shall be monitored at all times by a store clerk through a
video system located at the,clerk's counter.
Section 18.70.140 Inspections
Each owner, operator, manager, employee or independent contractor of an adult
business or other person in charge of an adult business shall permit representatives of
the Sheriffs Department, County Fire Department, City Planning, and Building and
Safety and Code. Compliance Divisions, to inspect those portions of the adult business
open to the public or to portions of the public, for the purpose of insuring compliance
with the operating standards of this Chapter applicable to adult businesses at any time it --
is occupied or open for business, as well as to inspect, for compliance with the
provisions of this Chapter, those portions of the adult business that may not be open to
the public, but only as to those portions directly relating to operating and regulatory
410 provisions of this Chapter, such as recording equipment for required security cameras.
Such inspections shall be conducted in a reasonable manner, such that the inspection
minimizes any interference with or delay of business operations, as reasonably
practicable to the purposes of the inspection; shall be conducted by the City's Code
Enforcement Manager, designee, or other City employee charged with the responsibility
of monitoring compliance of adult businesses with this Chapter; and shall only be
conducted as necessary to insure compliance with the regulatory provisions of this
Chapter or relating to an adult business or performer permits and licenses. Nothing in
this section shall permit or authorize warrantless searches of property on the premises,
except as otherwise permitted by law.
Section 18.70.150 Regulations non-exclusive and nuisance declared
The provisions of this chapter are not intended to provide exclusive regulation of the
regulated adult uses. Such uses must comply with any and all applicable regulations
imposed in other chapters of the zoning code, municipal code, city ordinances, and
state and federal law. A violation of this chapter, or any provision of this chapter is
hereby declared to constitute a public nuisance and, as such, may be abated or
enjoined from further operation.
S
Page33of35 .
oriented merchandise is offered for sale or rent shall be in an area containing at least
six hundred (600) square feet and having no walls, dividers, curtains, screens, shades
or other similar devices to obscure any part of the room from being monitored by the
manager, unless it is to separate the adult oriented materials and/or sexually oriented
merchandise from non-adult oriented materials or sexually oriented merchandise.
Page32of35
times.
Page 30 of 35
nimum of the following foot candles, minimally maintained and evenly distributed at
ground level. Inoperable and/or broken lights shall be replaced within twenty-four (24)
hours: - -
Page27of35
; and Red Bluff Drive-
' In, Inc. v. Vance, 648 F.2d 1020 (5th Cir. 1981).
Page 6 of 35
cases of congenital syphilis, were reported for Los Angeles County residents, while the
Page2of35
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inspections shall be conducted in a reasonable manner, such that the inspection
minimizes any interference with or delay of business operations, as reasonably
practicable to the purposes of the inspection; shall be conducted by the City's Code
Enforcement Manager, designee, or other City employee charged with the responsibility
of monitoring compliance of adult businesses with this Chapter; and shall only be
conducted as necessary to insure compliance with the regulatory provisions of this
Chapter or relating to an adult business or performer permits and licenses. Nothing in
this section shall permit or authorize warrantless searches of property on the premises,
except as otherwise permitted by law.
Section 18.70.150 Regulations non-exclusive and nuisance declared
The provisions of this chapter are not intended to provide exclusive regulation of the
regulated adult uses. Such uses must comply with any and all applicable regulations
imposed in other chapters of the zoning code, municipal code, city ordinances, and
state and federal law. A violation of this chapter, or any provision of this chapter is
hereby declared to constitute a public nuisance and, as such, may be abated or
enjoined from further operation.
S
Page33of35 .
oriented merchandise is offered for sale or rent shall be in an area containing at least
six hundred (600) square feet and having no walls, dividers, curtains, screens, shades
or other similar devices to obscure any part of the room from being monitored by the
manager, unless it is to separate the adult oriented materials and/or sexually oriented
merchandise from non-adult oriented materials or sexually oriented merchandise.
Page32of35
times.
Page 30 of 35
nimum of the following foot candles, minimally maintained and evenly distributed at
ground level. Inoperable and/or broken lights shall be replaced within twenty-four (24)
hours: - -
Page27of35
; and Red Bluff Drive-
' In, Inc. v. Vance, 648 F.2d 1020 (5th Cir. 1981).
Page 6 of 35
cases of congenital syphilis, were reported for Los Angeles County residents, while the
Page2of35
SECTION 8. The City Council declares that it would have adopted this ordinance and
each section, subsection, sentence, clause, phrase, or portion of it irrespective of the
fact that any one or more sections, subsections, sentences, clauses, phrases or
portions of it be declared invalid or unconstitutional. If for any reason any portion of this
ordinance is declared invalid, or unconstitutional, then all other provisions shall remain
valid and enforceable.
SECTION 9. This ordinance shall take effect thirty days from the date of adoption.
SECTION 10. First read at a regular meeting of the City Council held on the 23rd of
July, 2013, and finally adopted and ordered posted at a regular meeting of said City
Council on the 13th of August, 2013.
ATTEST:
City Clerk Mayor
I, Tracey R. Martinez, City Clerk of the City of Grand Terrace, do hereby certify
that the foregoing. Ordinance was introduced and adopted at a regular meeting of the
p City Council of the City of Grand Terrace held on.the 13th ofAugust , 2013, by the
following vote:
AYES: Councilmembers McNaboe, Mitchell and Robles; Mayor Pro Tem Sandoval
and.Mayor Stanckiewitz
NOES:- None
ABSENT: None
ABSTAIN: None
Olt , ter
City Clerk
Approved as to form: .
City Attorney .
Page35of35
I
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City of Grand Terrace
Exhibit A
H i--i I--I I— I rag
inspections shall be conducted in a reasonable manner, such that the inspection
minimizes any interference with or delay of business operations, as reasonably
practicable to the purposes of the inspection; shall be conducted by the City's Code
Enforcement Manager, designee, or other City employee charged with the responsibility
of monitoring compliance of adult businesses with this Chapter; and shall only be
conducted as necessary to insure compliance with the regulatory provisions of this
Chapter or relating to an adult business or performer permits and licenses. Nothing in
this section shall permit or authorize warrantless searches of property on the premises,
except as otherwise permitted by law.
Section 18.70.150 Regulations non-exclusive and nuisance declared
The provisions of this chapter are not intended to provide exclusive regulation of the
regulated adult uses. Such uses must comply with any and all applicable regulations
imposed in other chapters of the zoning code, municipal code, city ordinances, and
state and federal law. A violation of this chapter, or any provision of this chapter is
hereby declared to constitute a public nuisance and, as such, may be abated or
enjoined from further operation.
S
Page33of35 .
oriented merchandise is offered for sale or rent shall be in an area containing at least
six hundred (600) square feet and having no walls, dividers, curtains, screens, shades
or other similar devices to obscure any part of the room from being monitored by the
manager, unless it is to separate the adult oriented materials and/or sexually oriented
merchandise from non-adult oriented materials or sexually oriented merchandise.
Page32of35
times.
Page 30 of 35
nimum of the following foot candles, minimally maintained and evenly distributed at
ground level. Inoperable and/or broken lights shall be replaced within twenty-four (24)
hours: - -
Page27of35
; and Red Bluff Drive-
' In, Inc. v. Vance, 648 F.2d 1020 (5th Cir. 1981).
Page 6 of 35
cases of congenital syphilis, were reported for Los Angeles County residents, while the
Page2of35