269 ORDINANCE NO. 269
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE
AMENDING TITLE 5 OF THE GRAND TERRACE MUNICIPAL CODE BY ADDING
CHAPTER 5.84 ADULT BUSINESS REGULATORY. LICENSE AND CHAPTER 5.88
ADULT BUSINESS MANAGER AND PERFORMER LICENSE
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 Square, 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
Iof David Sherman before the Michigan House Committee on. Ethics and Constitutional
Page 1 of 43
om 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
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
2010, 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 I 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
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
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;
2. Both the proximity of adult businesses to sensitive land uses and
the concentration of adult businesses tend to result in blight and deterioration of
the areas in which they are located;
Page3of43
y 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
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
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 (11th 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
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.
Page 4 of 43
t 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;
2. Both the proximity of adult businesses to sensitive land uses and
the concentration of adult businesses tend to result in blight and deterioration of
the areas in which they are located;
Page3of43
y 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
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
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 CucamongaNictoria 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), cent. denied 520 U.S.. 1204 (1997)
[Internet is one available channel of communication]; Reno v. American Civil Liberties
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. Hockinqs, 129 F.3d 1069 (9th Cir.
Page 5 of 43
Page3of43
y 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
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
v. , t.
[recognizing
1997); United theStates Internet asThomas a medium74F.3d for transmission701 (6thCir. of
1996),sexuallycen explicitdenied material519U.S.in the820
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. Broward 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 1358 (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).
O. The City Council finds that locational criteria (over-concentration
regulations), alone, do not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
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
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).
Page 7 of 43
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).
O. The City Council finds that locational criteria (over-concentration
regulations), alone, do not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
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 minimizeand/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. Lunqren, 96 F.3d 380 (9th Cir 1996),
cert. denied 520 U.S. 1117 (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. --
V. The City Council has also determined that a closing hours requirement
promotes the reduction of deleterious secondary effects from adult businesses, and the
Page 8 of 43
ration
regulations), alone, do not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
Council reasonably relies on prior court decisions on the need for closing hours,
p 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); Deja 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
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);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
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, Inca 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.
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
Page 10 of 43
Supp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
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.
SECTION 2. 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
Page 11 of 43
. 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.
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
Page 10 of 43
Supp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
22795 Barton Road, Grand Terrace, California 92313, and conducted second reading
on August 13, 2013.
SECTION 3. 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 4. The City Council hereby adopts Chapter 5.84 of Title 5 of the Grand
Terrace Municipal Code as follows:
"Chapter 5.84 Adult Business Regulatory License
Sections
5.84.010 Purpose
5.84.020 Definitions
5.84.030 Regulations non-exclusive
5.84.040 License required
5.84.050 License application fees
5.84.060 Application for an adult business regulatory license
( 5.84.070 Investigation of an adult business regulatory license
5.84.080 Approval or denial of an adult business regulatory license
5.84.090 Transfer of an adult business regulatory license
5.84.100 Terms of license __
5.84.110 Re-Application
5.84.120 Renewals
5.84.130 Suspension or Revocation of Adult Business License
5.84.140 Causes for Suspension, Revocation or Conditions
5.84.150 Decision following a Suspension or Revocation Hearing
5.84.160 Appeals
5.84.170 Inspection of Premises
5.84.180 Violations
Section 5.84.010 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
Page 12 of 43
ty 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.
SECTION 2. 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
Page 11 of 43
. 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.
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
Page 10 of 43
Supp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
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 of those individuals who
desire to own, operate or patronize adult businesses. It is, therefore, the purpose of this
Chapter to establish reasonable standards for the licensing of adult businesses.
Section 5.84.020 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
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
pictorial allusions to sexual stimulation or gratification or by references to
Page 13 of 43
ring on the proposed Ordinance at the Grand Terrace Council Chambers located at
Page 11 of 43
. 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.
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
Page 10 of 43
Supp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
"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
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.
Page 14 of 43
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.
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
Page 10 of 43
Supp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
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 material' 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:
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
Page 15 of 43
ed 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.
Page 14 of 43
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.
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
Page 10 of 43
Supp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
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
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
Page 16 of 43
of California, or that of an individual artist studio
established solely for conduct of the artist.
Page 14 of 43
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.
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
Page 10 of 43
Supp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
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.
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:
Page 17 of 43
ollege, college or university
Page 16 of 43
of California, or that of an individual artist studio
established solely for conduct of the artist.
Page 14 of 43
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.
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
Page 10 of 43
Supp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
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:
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
2. Acts of human masturbation, sexual stimulation or arousal; and/or
Page 18 of 43
tained
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:
Page 17 of 43
ollege, college or university
Page 16 of 43
of California, or that of an individual artist studio
established solely for conduct of the artist.
Page 14 of 43
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.
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
Page 10 of 43
Supp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
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,5.84.030 Regulations Non-Exclusive
The provisions of this chapter regulating adult businesses are not intended to be
exclusive, and compliance therewith shall not excuse non-compliance with any other
provisions of the Grand Terrace Municipal Code and/or any other regulations pertaining.
to the operation of businesses as adopted by the city council. -'
Section 5.84.040 License required
A. All adult businesses are subject to the adult business regulatory license
requirements of this chapter as well as all other applicable ordinances of the city,
county, and laws of the State of California.
B. It shall be unlawful for any person to establish, operate, engage in, conduct, or
carry on any adult business within the City of Grand Terrace unless the person first
obtains, and continues to maintain in full force and effect, an adult business regulatory
license as required in this chapter. Any occurrence of the "establishment of an adult
business", as defined in this chapter, shall require a new application for an adult
business regulatory license.
C. It shall be prima facie evidence that an adult business has not obtained an adult
business regulatory license if such business fails to post the adult business regulatory
license in the manner required herein.
E. A conditional use permit, if required, must be obtained and inaugurated before a
license application is accepted.
Section 5.84.050 License application fees
No application shall be processed without the required application fee paid in full at the
time of application submission.
Section 5.84.060 Application for an adult business regulatory license
A. All applications for an adult business regulatory license shall be made with the
Grand Terrace community development department, except that sex clubs shall be
prohibited within the City of Grand Terrace.
Page 19 of 43
tic
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:
Page 17 of 43
ollege, college or university
Page 16 of 43
of California, or that of an individual artist studio
established solely for conduct of the artist.
Page 14 of 43
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.
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
Page 10 of 43
Supp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
B. The fact that a license applicant possesses other types of city licenses does not
exempt the applicant from the requirement of obtaining an adult business regulatory
license.
C. At the time of application for an adult business regulatory license the license
applicant shall obtain a "Request for Live Scan Service" form or similar form from the
community development department and shall have live scan fingerprinting conducted
by an authorized live scan service. The license applicant shall bear all costs associated
with the completion of a California Department of Justice and .Federal Bureau of
Investigation background check.
D. All applicants shall file a complete application on a form provided by the
community development department. Such application shall contain the following --.
information and/or be accompanied by the following documents:
1. The applicant's legal name,. any aliases, mailing address for receipt of
notices, home address, home and office telephone numbers, occupation, date and
place of birth, driver's license number, social security number, and state issued tax
identification number;
2. Written proof that the applicant is at least 18 years of age;
3. If the applicant is an entity other than an individual, each individual who
has a ten (10) percent or greater interest in the entity proposing to own and/or operate
the business must provide the same information as the individual applicant and sign the
license application as an applicant. In addition:
a. If the applicant is a corporation, _the corporation shall state its __
complete name, the date of its incorporation, evidence that the corporation is in good
standing under the laws of the state, the names and capacity of all officers and
directors, and the name of the registered corporate agent and the address of.the
registered office for service or process; or
b. If the license applicant is a partnership, the partners shall state the
partnership's complete name, address, the names of all partners, and whether the
partnership is general or limited; and shall attach a copy of the partnership agreement, if
any;
4. A recent_photograph of the applicant(s);
5. A description of the type of adult business for which the license is
requested and the proposed address where the adult business will operate;
6. If the property owner is other than the applicant, the name of the property _
owner and a notarized statement signed by the property owner stating that applicant
has entered into a contract to acquire, lease or otherwise control the site or structure for
use as an adult business;
Page 20 of 43
quely covered
human:
Page 17 of 43
ollege, college or university
Page 16 of 43
of California, or that of an individual artist studio
established solely for conduct of the artist.
Page 14 of 43
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.
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
Page 10 of 43
Supp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
7. If the license applicant intends to operate the adult business under a name
other than that of the license applicant, the license applicant shall file the fictitious name
of the adult business and show proof of registration of the fictitious name;
8. Whether the applicant has been convicted of a specified criminal activity,
as defined in this chapter, and, if so, the specified criminal activity involved and the
date, place, and jurisdiction of each. The City shall verify this through a criminal
background check which shall be conducted at the applicant's expense prior to
issuance and/or renewal of the license;
9. Whether the applicant has ever had a license previously issued under this
chapter or the predecessor to this chapter or other similar adult business ordinances
from another city or county denied, suspended or revoked, including the name and
location of the adult business for which the license was denied, suspended or revoked,
as well as the date of the denial, suspension or revocation; and whether the applicant
has been a partner in a partnership or an officer, director or principal stockholder of a
corporation that is licensed under this chapter or the predecessor to this chapter whose
license has previously been denied, suspended or revoked, including the name and
location of the adult business for which the license was denied, suspended or revoked
as well as the date of denial, suspension or revocation;
10. Whether the applicant holds any other licenses under this chapter, or its
predecessor, or other similar adult business ordinance from another city or county and,
if so, the names and locations of such other licensed businesses; _
11. A sketch or diagram showing the interior configuration of the premises,
including a statement of the total floor area occupied by the adult business. The sketch
or diagram need not be professionally prepared but must be oriented to the north or
some other designated street or object and drawn to a designated scale or drawn with
marked dimensions of the interior of the premises to an accuracy of plus or minus six
(6) inches. Any modification to the diagram shall be submitted prior to commencement
of any construction, or occupancy of the structure if construction is not proposed; and
12. A statement signed under penalty of perjury by the applicant that the
applicant has personal knowledge of the information contained in the application and
that the information contained therein is true and correct; that the applicant grants
permission to the city to perform any necessary background checks on persons or
businesses listed on the application; and that the applicant has read all provisions of the
Grand Terrace Municipal Code regulating adult businesses.
E. Notwithstanding the fact that an application filed hereunder may be a public
record under Government Code Section 6250 et seq., certain portions of such
application contain information vital to the effective administration. and enforcement of
the licensing and/or permit scheme established in this section which is personal, private,
confidential, or the disclosure of which could expose the applicant to a risk of harm.
Such information includes, but is not limited to, the applicant's residence address and
Page 21 of 43
D. 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
Page 10 of 43
Supp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
telephone number, the applicant's date of birth and/or age, the applicant's driver's
license and/or Social Security Number, and/or personal financial data.
The City Council in adopting the application and licensing and/or permit system
set forth in this section has determined in accordance with Government Code Section __
6255 that the public interest in disclosure of the information set forth in this section is
outweighed by the public interest in achieving compliance with this chapter by ensuring
that the applicant's privacy, confidentiality, or security interests are protected. The
community development director shall cause to be obliterated from any copy of a
completed license application made available to any member of the public, the
information set forth in this section.
Section 5.84.070 Investigation of an adult business regulatory license
A. The completeness of an application for an adult business regulatory license shall
be determined by the community development director within five (5) city business days
of the date of receipt of the application. If the community development director
determines that the application is incomplete, the community development director shall
immediately notify in writing the applicant of such fact and the reasons therefore,
including any additional information necessary to render the application complete. Such
writing shall be deposited in the U.S. mail, postage prepaid, immediately upon
determination that the application is incomplete. The applicant shall have ten (10)
calendar days from the date of the notice to submit additional information to render the
application complete. The applicant's failure to submit the additional information within
this time period renders the application null and void. Within five (5) city business days
following the receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Evaluation and notification shall occur as provided in this subsection until such time as
the application is found to be complete. Once the application is found to be complete,
the applicant shall be notified within five (5) city business days of that fact. If an
applicant submits two consecutive incomplete applications, the applicant shall be
notified in writing that a new application must be filed with the community development
director as set forth in this chapter.
B. Upon receipt of a complete application, the community development director
shall immediately transmit a copy of the application to the appropriate reviewing _
agencies. Not later than fifteen (15) calendar days from the date the application is
determined to be complete; the aforementioned reviewing agencies shall report the
results of their investigation to the community development director.
C. Notwithstanding any provisions in this section regarding the occurrence of any
action within a specified period of time, the applicant may request additional time
beyond that provided for in this section or may request a continuance regarding any
decision or consideration by the city of the pending application. Extensions of time
sought by an applicant shall not be considered a delay on the part of the city or
constitute failure by the city to provide for prompt decisions on applications.
Page 22 of 43
age 10 of 43
Supp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
D. Within twenty (20) city business days from the date the application is determined
to be complete, the community development director shall approve or deny .the
application in accordance with this chapter, and so notify the applicant as follows:
1. The community development director shall write or stamp "Approved" or
"Denied" on the application and date and sign such notation.
2. If the application is denied, the community development director shall
attach to the application a statement of the reasons for the denial.
3. If the application is approved, the community development director shall
attach to the application an adult business regulatory license.
4. The documents specified in subsections D(1), (2) and 3) of this section
shall be deposited in the United States mail, first class postage prepaid, addressed to
the applicant at the address specified in the application. All notices given under this
subsection shall be deemed given upon the date they are deposited in the United States
mail. -F. The issuance of the license shall be subject to approval of any pending decision
on a conditional use permit required by the zoning code pursuant to Chapter 18.83
Conditional Use Permits or any appeal taken from such decision, and shall not become
effective unless and until the Conditional Use Permit is granted.
G. If the community development director is unable to act on the application within
the required time period following a determination of completeness, the director shall
notify the applicant in writing and issue a provisional license, which shall expire
following approval or denial of the application and final disposition of any appeal
proceedings as provided in this chapter. The provisions of this chapter shall fully apply
to a provisional license.
Section 5.84.080 Approval or denial of an adult business regulatory license
A. The community development director shall approve the issuance of a regular
license to an applicant, unless it is determined by a preponderance of the evidence that
any one of the following findings is true:
1. The applicant is under eighteen (18) years of age., unless alcoholic
beverages are to be served on premises, then the applicant is under twenty-one (21)
years of age subject,to Alcoholic Beverage Control ("ABC") regulations.
2. An applicant has failed to provide information reasonably necessary for
issuance of the license or gave false, fraudulent or untruthful information on the
application form.
3. An applicant has been denied a license by the city to operate an adult-
oriented business within the 12 months preceding the filing of the application.
Page 23 of 43
Not later than fifteen (15) calendar days from the date the application is
determined to be complete; the aforementioned reviewing agencies shall report the
results of their investigation to the community development director.
C. Notwithstanding any provisions in this section regarding the occurrence of any
action within a specified period of time, the applicant may request additional time
beyond that provided for in this section or may request a continuance regarding any
decision or consideration by the city of the pending application. Extensions of time
sought by an applicant shall not be considered a delay on the part of the city or
constitute failure by the city to provide for prompt decisions on applications.
Page 22 of 43
age 10 of 43
Supp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
-, 4. The applicant has been convicted of a specified criminal activity, as
defined in this chapter, either within the state or in another jurisdiction.
5. The applicant has, within the past five years, been convicted in an
administrative enforcement action or court action of violating an adult-oriented business
ordinance;
6. The applicant has had an adult oriented business license, or comparable
license, of any type revoked within the past five (5) years or one suspended within the
past three (3) years, immediately preceding the date of application; the fact that the
applicant has appealed such action shall have no effect on the disqualification of the
application;
7. The adult business does not comply with the city's zoning requirements as
to its underlying zoning designation and other location requirements of city codes.
8. The license fee required by this chapter has not been paid.
B. The approved adult business regulatory license shall be posted in a conspicuous
place at or near the adult business's entrance so that it may be easily read at any time.
Section 5.84.090 Transfer of an adult business regulatory license
' A. It is a violation of this chapter for a licensee to operate an adult oriented business
under the authority of an adult business regulatory license at any place other than the
address of the adult oriented business stated in the application upon which the license
was issued.
B. It is a violation of this chapter for a licensee to transfer ownership or control of an
adult business regulatory license to another person or entity unless and until the
transferee first provides the community development director the information as set forth
in this chapter at least thirty (30) days prior to the transfer. The community development
director shall review the application in accordance with this chapter.
C. It is a violation of this chapter for a licensee to transfer an adult business
regulatory license when the community development director has notified the licensee
that the license has been suspended or revoked or that such action is pending.
D. Any attempt to transfer a license either directly or indirectly in violation of this
section is void, and the license shall be deemed revoked.
Section 5.84.100 Terms of license
A. A license issued under this chapter shall be issued for a period of one (1) year
and is required to be renewed annually. __
B. A license issued under this chapter shall expire on the last day of the calendar
month during which the licenses was issued or renewed during the previous year.
Page 24 of 43
ication.
Page 23 of 43
Not later than fifteen (15) calendar days from the date the application is
determined to be complete; the aforementioned reviewing agencies shall report the
results of their investigation to the community development director.
C. Notwithstanding any provisions in this section regarding the occurrence of any
action within a specified period of time, the applicant may request additional time
beyond that provided for in this section or may request a continuance regarding any
decision or consideration by the city of the pending application. Extensions of time
sought by an applicant shall not be considered a delay on the part of the city or
constitute failure by the city to provide for prompt decisions on applications.
Page 22 of 43
age 10 of 43
Supp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
C. The license, if granted, shall state on its face the name of the person to whom it
is granted, the expiration date, the address of the adult business and the classification
of adult business for which the license is issued.
D. Within 30 calendar days of any change in the information originally submitted
with the license application, a license holder shall provide the community development
director with a written statement supplementing or amending the information required by
this chapter. Failure to submit such changes shall be grounds for suspension of the
license.
Section 5.84.110 Re-Application
A permittee, applicant or substantially related entity wherein the new application is
made by an individual or previous entity exercising ownership, management or
oversight or control of the adult business, cannot re-apply for an adult business
regulatory license for a particular location within one (1) year from the date of prior
denial.
Section 5.84.120 Renewals
A. A license may only be renewed by the licensee's filing with the community
development department a written request for renewal on a form provided by the city,
accompanied by a nonrefundable application licensing fee set forth in the schedule of
' fees established from time to time by the city council, and a copy of the license to be
renewed.
B. The request for renewal shall be made at least thirty (30) calendar days before
the expiration date of the regular license, and the information required in section
5.84.060 of this chapter shall be provided. When a renewal request is made less than
thirty (30) calendar days before the expiration date, the expiration shall not be stayed.
C. The community development director shall act upon applications for license
renewal as provided for in applications for licenses.
D. A licensee subject to denial of a renewal application shall have the right to appeal
the suspension or revocation under the procedures provided in this chapter.
Section 5.84.130 Suspension or Revocation
A. On determining that grounds for license suspension or revocation exist, the
community development director shall furnish written notice of the proposed suspension
or revocation to the license holder. Such notice shall set forth the time and place of a
hearing and the ground or grounds upon which the hearing is based, the pertinent code
sections, and a brief statement of the factual matters in support thereof. The notice
shall be mailed, postage prepaid, addressed to the last known address of the license
holder, or shall be delivered to the license holder personally, at least ten (10) days prior
to the hearing date. Hearings pursuant to this section shall be conducted by the
community development director or his/her designee, which may include a third party
hearing officer. Hearings pursuant to this section shall be conducted in accordance with
Page 25 of 43
this section regarding the occurrence of any
action within a specified period of time, the applicant may request additional time
beyond that provided for in this section or may request a continuance regarding any
decision or consideration by the city of the pending application. Extensions of time
sought by an applicant shall not be considered a delay on the part of the city or
constitute failure by the city to provide for prompt decisions on applications.
Page 22 of 43
age 10 of 43
Supp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
procedures established by the community development director, at a minimum, shall
include the following:
1. All parties involved shall have the right to offer testimonial, documentary,
and tangible evidence bearing upon the issues and may be represented by counsel.
2. The community development director or his/her designee shall not be
bound by the formal rules of evidence.
3. Any hearing under this section may be continued for a reasonable time for
the convenience of a party or a witness at the request of the license holder. Extensions
of time or continuances sought by a license holder shall not be considered a delay on
the part of the City or constitute failure by the City to provide for prompt decisions on
license suspensions or revocations.
4. The decision of the community development director or his/her designee
may be appealed in accordance with this chapter.
B. The community development director may suspend and order an adult business
closed pending a suspension or revocation hearing if he or she determines that the
closure is necessary to protect the public health and safety.
Section 5.84.140 Causes for Suspension, Revocation or Conditions
A. A license may be suspended, revoked or conditions may be imposed on a
license based on any one of the following causes arising from the acts or omissions of
the license holder, or an employee, independent contractor, partner, director, or
manager of the license holder:
1. Licensee operated the adult business or allowed the performance of adult
live entertainment in a location not approved for such activity;
2. The license is being used to conduct an activity different from that for
which the license was approved;
3. Licensee did not provide a written statement supplementing or amending
the information of the license application as required by this chapter;
4. Licensee violated any requirement of the Zoning Code related to the
regulation of adult businesses;
5. Licensee refused city or other governmental agency access to the
premises and records;
6. Licensee allowed a person under the age of eighteen (18) years in or on
the premises;
7. Licensee reconfigured the interior of the premises without approval from
the City;
Page 26 of 43
ime and place of a
hearing and the ground or grounds upon which the hearing is based, the pertinent code
sections, and a brief statement of the factual matters in support thereof. The notice
shall be mailed, postage prepaid, addressed to the last known address of the license
holder, or shall be delivered to the license holder personally, at least ten (10) days prior
to the hearing date. Hearings pursuant to this section shall be conducted by the
community development director or his/her designee, which may include a third party
hearing officer. Hearings pursuant to this section shall be conducted in accordance with
Page 25 of 43
this section regarding the occurrence of any
action within a specified period of time, the applicant may request additional time
beyond that provided for in this section or may request a continuance regarding any
decision or consideration by the city of the pending application. Extensions of time
sought by an applicant shall not be considered a delay on the part of the city or
constitute failure by the city to provide for prompt decisions on applications.
Page 22 of 43
age 10 of 43
Supp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
8. Licensee demonstrated an inability to operate or manage the business in
a peaceful and law-abiding manner thus necessitating action by law enforcement
officers;
9. Licensee violated any of the "standards of conduct and operation"
contained in chapter 18.70 of the municipal code.
10. The licensee's license has been suspended more than once;
11. The licensed business was operated during a period of time when the
license was suspended;
12. The building, structure, equipment, or location used by the adult business
fails to comply with all provisions of these regulations and this section relating to adult
businesses, including the adult business operational standards contained in Chapter
18.70 of the Municipal Code, and all other applicable building, fire, electrical, plumbing,
health, and zoning requirements of the Grand Terrace Municipal Code;
13. The license holder has failed to obtain or maintain all required city, county
and/or state licenses;
14. The license holder has made any false, misleading, or fraudulent
statement of material fact in the application for an adult business license;
15. Licensee transferred, or attempted to transfer, a license issued under this
chapter to another person or entity;
16. The licensee or an individual employed by, or performing in, the adult
business (whether classified as an employee or independent contractor) has been
convicted of sex-related offenses that occurred in or on the licensed premises and was
employed by, or performing in, the adult business at the time the offenses were
committed;
17. That the use for which the approval was granted has ceased to exist or
has been suspended for six (6) months or more;
18. That the transferee/new owner of an adult business or adult business
license failed to comply with the requirements of this Chapter;
19. The licensee, partner, director, or manager has knowingly allowed or
permitted, or has failed to make a reasonable effort to prevent the occurrence of any of
the following on the premises of the adult business; or a licensee has been convicted of
violating any of the following state laws on the premises of the adult business:
a. Any act of unlawful sexual intercourse, sodomy, oral copulation, or
masturbation.
b. Use of the establishment as a place where unlawful solicitations for sexual
intercourse, sodomy, oral copulation, or masturbation openly occur.
Page 27 of 43
The notice
shall be mailed, postage prepaid, addressed to the last known address of the license
holder, or shall be delivered to the license holder personally, at least ten (10) days prior
to the hearing date. Hearings pursuant to this section shall be conducted by the
community development director or his/her designee, which may include a third party
hearing officer. Hearings pursuant to this section shall be conducted in accordance with
Page 25 of 43
this section regarding the occurrence of any
action within a specified period of time, the applicant may request additional time
beyond that provided for in this section or may request a continuance regarding any
decision or consideration by the city of the pending application. Extensions of time
sought by an applicant shall not be considered a delay on the part of the city or
constitute failure by the city to provide for prompt decisions on applications.
Page 22 of 43
age 10 of 43
Supp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
c. Any conduct constituting a criminal offense which requires registration
under Section 290 of the California Penal Code.
d. The occurrence of acts of lewdness, assignation, or prostitution, including
any conduct constituting violations of Sections 315, 316, 318 or subdivision (b) of
Section 647b of the California Penal Code.
e. Any act constituting a violation of provisions in the California Penal Code
relating to obscene matter or distribution of harmful matter to minors, including, but not
limited to Sections 311 through 313.4.
f. Any act constituting a felony involving the sale, use, possession, or
possession for sale of any controlled substance specified in Sections 11054, 11055,
11056, 11057, or 11058 of the California Health & Safety Code.
g. An act or omission in violation of any of the requirements of this chapter if
such act or omission is with the knowledge, authorization, or approval of the license
holder or is as a result of the license holder's negligent supervision of the employees or
independent contractors of the adult business. This includes the allowance of activities
that are or become a public nuisance which includes the disruptive conduct of business
patrons whether on or immediately off the premises where such patrons disturb the
peace, obstruct traffic, damage property, engage in criminal conduct, violate the law and
otherwise impair the free enjoyment of life and property; or
( 20. The Conditional Use Permit for the adult business has been revoked.
Section 5.84.150 Decision following a Suspension or Revocation Hearing
A. After holding the hearing in accordance with the provisions of this chapter, if the
community development director or his or her designee finds and determines that there
are grounds for suspension, revocation or the addition of conditions, the community
development director shall impose one of the following:
1. Suspension of the license for a specified period not to exceed six (6)
months;
2. Revocation of the license; or
3. The addition of reasonable conditions necessary to permit the adult
business to continue to operate in a manner that would eliminate the grounds for
suspension or revocation that have been found to exist.
B. The community development director shall render a written decision that shall be
hand delivered or overnight mailed to the license holder within five (5) business days of
the public hearing.
C. In the event a license is revoked pursuant to this section, another adult business
regulatory license to operate an adult business shall not be granted to the licensee or
Page 28 of 43
e holder personally, at least ten (10) days prior
to the hearing date. Hearings pursuant to this section shall be conducted by the
community development director or his/her designee, which may include a third party
hearing officer. Hearings pursuant to this section shall be conducted in accordance with
Page 25 of 43
this section regarding the occurrence of any
action within a specified period of time, the applicant may request additional time
beyond that provided for in this section or may request a continuance regarding any
decision or consideration by the city of the pending application. Extensions of time
sought by an applicant shall not be considered a delay on the part of the city or
constitute failure by the city to provide for prompt decisions on applications.
Page 22 of 43
age 10 of 43
Supp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
an entity related to the licensee within twelve (12) months after the date of such
revocation.
D. A licensee subject to suspension or revocation shall have the right to appeal the
suspension or revocation under the procedures provided in this chapter.
E. A licensee that has had a license revoked shall be subject to the same license
criteria required of any applicant applying for a new license.
Section 5.84.170 Appeals
A. After approval, denial, suspension or revocation of a license, any affected person
may appeal the decision by filing a written petition with the city clerk requesting a
hearing on the denial,-suspension, or revocation of the license within fifteen (15)
calendar days of the date of the community development director's decision. The city
council shall serve as the appeals board. The appeal shall be scheduled within twenty
(20) calendar days of the date the petition is received in the office of the city clerk. The
city clerk shall give written notice to the applicant of the time and place for the hearing
on the applicant's appeal at least ten (10) calendar days prior to the scheduled date of
hearing.
B. During the appeal of a license denial, suspension, or revocation, the applicant
shall be permitted to operate with a provisional license until the final disposition of the
appeal proceedings before the City Council. The provisions of this chapter shall fully
apply to a provisional license.
C. Consideration of an appeal of the decision shall be at a public hearing and which
hearing shall occur within thirty (30) days of the filing or initiation of the appeal.
D. The city council's action on the appeal of the decision shall be by a majority vote
of the members present and upon the conclusion of the de novo public hearing, the city
council shall grant or deny the appeal. The city council's decision shall be final and
conclusive and shall be rendered to the licensee in writing by registered or certified mail
within ten (10) city business days of the hearing.
E. In reaching its decision, the city council shall not be bound by the formal rules of
evidence.
F. Notwithstanding any provisions in this section regarding the occurrence of any
action within a specified period of time, the applicant may request additional time
beyond that provided for in this section or may request a continuance regarding any
decision or consideration by the city of the pending appeal. Extensions of time sought
by applicants shall not be considered delay on the part of the city or constitute failure by
the city to provide for prompt decisions on applications.
G. Failure of the city clerk to render a decision to grant or deny an appeal of a
license denial within the time frames established by this section shall be deemed to
constitute a denial of the license.
Page 29 of 43
r his/her designee, which may include a third party
hearing officer. Hearings pursuant to this section shall be conducted in accordance with
Page 25 of 43
this section regarding the occurrence of any
action within a specified period of time, the applicant may request additional time
beyond that provided for in this section or may request a continuance regarding any
decision or consideration by the city of the pending application. Extensions of time
sought by an applicant shall not be considered a delay on the part of the city or
constitute failure by the city to provide for prompt decisions on applications.
Page 22 of 43
age 10 of 43
Supp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
H. The time for a court challenge to a decision of the city council is governed by
California Code of Civil Procedure § 1094.8.
I. Notice of the city council's decision and its findings shall include citation to
California Code of Civil Procedure § 1094.8.
J. Any applicant or license holder whose license has been denied pursuant to this
Section shall be afforded prompt judicial review of that decision as provided by
California Code of Civil Procedure § 1094.8.
Section 5.84.170 Inspection of Premises
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 community development department, including City Planning, Building and Safety,
and Code Compliance Divisions, county sheriff's department, and county fire
department, 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 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 provisions applicable to the
licenses issued pursuant to 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 relating to adult business and/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 5.84.180 Violations
Any adult-oriented business established, operated, or maintained contrary to the
provisions of this chapter is unlawful and a public nuisance, and the City Attorney may
commence an action or actions, proceeding or proceedings_for the abatement, removal,
and enjoinment thereof in the manner provided by law, and shall take such other steps
and shall apply to such court or courts as may have jurisdiction to grant such relief as
will abate or remove such adult-oriented business and restrain and enjoin any person
from establishing, operating, or maintaining an adult-oriented business contrary to the
provisions of this chapter or such other laws."
SECTION 5. The City Council hereby adopts Chapter 5.88 of Title 5 of the Grand
Terrace Municipal Code as follows:
Page 30 of 43
f time, the applicant may request additional time
beyond that provided for in this section or may request a continuance regarding any
decision or consideration by the city of the pending application. Extensions of time
sought by an applicant shall not be considered a delay on the part of the city or
constitute failure by the city to provide for prompt decisions on applications.
Page 22 of 43
age 10 of 43
Supp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
"Chapter 5.88 Adult Business Manager and Performer License
Sections
5.84.10 Purpose
5.88.020 Definitions
5.88.030 Regulations non-exclusive
5.88.040 License required
5.88.050 License application fees
5.88.060 Application for a manager or entertainer license
5.88.070 Investigation of a manager or entertainer's license
5.88.080 Approval or denial of a manager or entertainer license
5.88.090 Transfer of a manager or entertainer's license _-.
5.88.100 Terms of license
5.88.110 Re-Application
5.88.120 Renewals
5.88.130 Suspension or Revocation
5.88.140 - Causes for Suspension, Revocation or Conditions
5.88.150 Decision following a Suspension or Revocation Hearing
5.88.160 Appeals
5.88.170 Violations
Section 5.88.010 Purpose
' It is the purpose and intent of this chapter to regulate the operations of adult
businesses, which tend to have widely and judicially recognized adverse secondary
effects on the community and the public, 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 adjacent to adult businesses. 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 of those individuals who desire to own, operate or
patronize adult businesses.
Section 5.88.020 Definitions
The definitions contained in Section 5.88.020 of Chapter 5.88 of the Grand Terrace
Municipal Code shall apply, including the following definitions, which are reprinted here
for convenient reference:
BB. "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
Page 31 of 43
abatement, removal,
and enjoinment thereof in the manner provided by law, and shall take such other steps
and shall apply to such court or courts as may have jurisdiction to grant such relief as
will abate or remove such adult-oriented business and restrain and enjoin any person
from establishing, operating, or maintaining an adult-oriented business contrary to the
provisions of this chapter or such other laws."
SECTION 5. The City Council hereby adopts Chapter 5.88 of Title 5 of the Grand
Terrace Municipal Code as follows:
Page 30 of 43
f time, the applicant may request additional time
beyond that provided for in this section or may request a continuance regarding any
decision or consideration by the city of the pending application. Extensions of time
sought by an applicant shall not be considered a delay on the part of the city or
constitute failure by the city to provide for prompt decisions on applications.
Page 22 of 43
age 10 of 43
Supp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
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.
CC. "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.
DD. "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.
EE. "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.
FF. "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".
GG. . "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: .
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;
Page 32 of 43
all apply to such court or courts as may have jurisdiction to grant such relief as
will abate or remove such adult-oriented business and restrain and enjoin any person
from establishing, operating, or maintaining an adult-oriented business contrary to the
provisions of this chapter or such other laws."
SECTION 5. The City Council hereby adopts Chapter 5.88 of Title 5 of the Grand
Terrace Municipal Code as follows:
Page 30 of 43
f time, the applicant may request additional time
beyond that provided for in this section or may request a continuance regarding any
decision or consideration by the city of the pending application. Extensions of time
sought by an applicant shall not be considered a delay on the part of the city or
constitute failure by the city to provide for prompt decisions on applications.
Page 22 of 43
age 10 of 43
Supp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
b. Less than n 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.
Section 5.88.030 Regulations Non-Exclusive
The provisions of this chapter regulating adult business managers and performers are
not intended to be exclusive, and compliance therewith shall not excuse
non-compliance with any other provisions of the Grand Terrace Municipal Code and/or
any other regulations pertaining to the operation of businesses as adopted by the city
council. --.
Section 5.88.040 License required
A. It shall be unlawful for any person to manage or perform within any adult
business within the City of Grand Terrace unless the person first obtains, and continues
to maintain in full force and effect, an adult business manager or performer license as
provided in this chapter.
B. It shall be unlawful for any person to perform any work, service or entertainment
directly related to the operation of an unlicensed adult business.
C. It shall be prima facie evidence that any person who conducts any business,
service or performs in an adult oriented business had knowledge that such business
was .not licensed if the adult oriented business regulatory license is not posted in the
manner required herein.
Section 5.88.050 License application fees
A. Every manager or performer of an adult business shall pay a license fee or
license renewal fee as determined by resolution of the city council, as provided in
Chapter 5.04 of this title.
B. No application shall be processed without the required application fee paid in full
at the time of application submission.
Page 33 of 43
lar offenses to those described in this subsection under the criminal or
penal code of other states or countries;
2. For which: .
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;
Page 32 of 43
all apply to such court or courts as may have jurisdiction to grant such relief as
will abate or remove such adult-oriented business and restrain and enjoin any person
from establishing, operating, or maintaining an adult-oriented business contrary to the
provisions of this chapter or such other laws."
SECTION 5. The City Council hereby adopts Chapter 5.88 of Title 5 of the Grand
Terrace Municipal Code as follows:
Page 30 of 43
f time, the applicant may request additional time
beyond that provided for in this section or may request a continuance regarding any
decision or consideration by the city of the pending application. Extensions of time
sought by an applicant shall not be considered a delay on the part of the city or
constitute failure by the city to provide for prompt decisions on applications.
Page 22 of 43
age 10 of 43
Supp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
' Section 5.88.060 Application for a manager or performer license
A. All applications for a manager or performer license related to an adult business
shall be made with the Grand Terrace community development department.
B, No application for a manager .or performer license shall be accepted by the
community development department prior to licensing of the adult business for which
the manager or performer license is applicable.
C. At the time of application for an adult business manager or performer license, the
license applicant shall obtain a "Request for Live Scan Service" form or similar form
from the community development department and shall have live scan fingerprinting
conducted by an authorized live scan service. The license applicant shall bear all costs
associated with the completion of a California Department of Justice and Federal
Bureau of Investigation background check, and shall be responsible for providing proof
of payment and processing of such form, before the time shall run for the processing by --
the City of the application for an adult business manager or performer license.
D. All completed applications for a manager or performer license related to an adult
oriented business shall provide the following information:
1. The applicant's legal name, any aliases, mailing address for receipt of
notices, home address, home and office telephone numbers, occupation, date and
place of birth, driver's license number, social security number and state issued tax
identification number;
2. Written proof that the applicant is at least 18 years of age;
3. Identify whether the application is for a manager or performer license;
4. If the license applicant intends to utilize a stage name other than that
shown on the application, the stage name shall be written on the application; --
5. . Whether the applicant has been convicted of a specified criminal activity
as defined in this chapter and, if so, the specified criminal activity involved and the date,
place, and jurisdiction of each. The City shall verify this through a criminal background
check which shall be conducted at the applicant's expense prior to issuance and/or
renewal of the license;
6. Whether the applicant has ever had a license previously issued under this
chapter or.the predecessor to this chapter or,other similar adult business ordinances
from another city or county denied, suspended or revoked, including the. name and
location .of the adult-oriented business where the applicant was employed or proposed
to be employed for which the license was denied, suspended or revoked, as well as the
date of the denial, suspension or revocation; and whether the applicant has been a
partner in a partnership or an officer, director or principal stockholder of a corporation
that is licensed under this chapter or the predecessor to this chapter whose license has __
Page34of43
SECTION 5. The City Council hereby adopts Chapter 5.88 of Title 5 of the Grand
Terrace Municipal Code as follows:
Page 30 of 43
f time, the applicant may request additional time
beyond that provided for in this section or may request a continuance regarding any
decision or consideration by the city of the pending application. Extensions of time
sought by an applicant shall not be considered a delay on the part of the city or
constitute failure by the city to provide for prompt decisions on applications.
Page 22 of 43
age 10 of 43
Supp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
- k previously been denied, suspended or revoked, including the name and location of the
adult-oriented business for which the license was denied, suspended or revoked as well
as the date of denial, suspension or revocation;
12. A statement signed under.penalty of perjury by the applicant that the
applicant has personal knowledge of the information contained in the application and
that the information contained therein is true and correct; that the applicant grants
permission to the city to perform any necessary background checks on persons or
businesses listed on the application; and that the applicant has read all provisions of the
Grand Terrace Municipal Code regulating adult businesses.
E. Notwithstanding the fact that an application filed hereunder may be a
public record under Government Code Section 6250 et seq., certain portions of such
application contain information vital to the effective administration and enforcement of
the licensing and/or permit scheme established in this section which is personal, private,
confidential, or the disclosure of which could expose the applicant to a risk of harm,
undue embarrassment, unwarranted intrusion or privacy or. inconvenience. Such
information includes, but is not limited to, the applicant's residence address and
telephone number, the applicant's date of birth and/or age, the applicant's driver's
license and/or Social Security Number, and/or personal financial data.
The City Council, in adopting the application and licensing and/or permit system
set forth in this section, has determined in accordance with California Government Code
Section 6255 that the public interest in disclosure of the information set forth in this
section is outweighed by the public interest in achieving compliance with this chapter by
ensuring that the applicant's privacy, confidentiality, or security interests are protected.
The community development director shall cause to be obliterated from any copy of a
completed license application made available to anyone, including any member of the.
public, the information set forth in this section.
Section 5.88.070 Investigation of a manager or performer license
A. The completeness of an application for an adult business manager or performer
license shall be determined by the community development director within five (5) city
business days of the date of receipt of proof of payment and processing of the Live
Scan Service required in Section 5.88.060(C). If the community development director
determines that the application is incomplete, including a lack of proof of payment and
processing of the required Live Scan Service, the community development director shall
immediately notify in writing the applicant of such fact and the reasons therefore,
including any additional information necessary to render the application complete. Such
writing shall be deposited . in the. U.S? mail, postage prepaid, immediately upon
determination that the application is incomplete. The applicant shall have ten (10)
calendar days from the date of the notice to submit additional information to render the
application complete. The applicant's failure to submit the additional information within
this time period renders the application null and void. Within five (5) city business days
following the receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
Evaluation and notification shall occur as provided in this subsection until such time as
the application is found to be complete. Once the application is found to be complete,
the applicant shall be notified within five (5) City business days of that fact. If an
applicant. submits :two consecutive incomplete applications, the applicant shall be
notified in writing that a new application must be filed with the community development
director as set forth in this chapter.
B. Within ten (10.) city business days from the date the application is determined to
be complete, the community development director shall approve or deny the application
in accordance with this chapter, and so notify the applicant as follows:
1. The community development director shall write or stamp "Approved" or
"Denied" on the application and date and sign such notation.
2. If the application' is denied, the community development director shall
attach to the application a statement of the reasons for the denial.
3. If the application is granted, the community development director shall
attach to the application an adult manager or adult performer license.
4. The documents specified in subsections B(1), (2) and (3) of this section
shall be deposited in the United States mail, first class postage prepaid, addressed to
the applicant at the address specified in the application. All notices given under this
subsection shall be deemed given upon the date they are deposited in the United States
mail.
C. Notwithstanding any provisions in this section regarding:the occurrence of any
action within a specified period of time, the applicant may request additional time
beyond that provided for in this section or may request a continuance- regarding any
decision or consideration by the city of the pending application. Extensions of time
sought by applicants shall not be considered delay on the part of the city or constitute
failure by the city to provide for prompt decisions on applications.
D. If the community development director is unable to act on,the application within
the required time period following a determination of completeness, he or she shall
notify the applicant in writing and issue a provisional license, which shall expire
following approval or denial of the application and final disposition of any appeal
proceedings as provided in this chapter. The provisions of this chapter shall fully apply
to a provisional license. __-
Section 5.88.080 Approval or denial of a manager or performer license
A. The community development director shall approve the issuance of a regular
license town applicant, unless it is determined by a preponderance of the evidence that
any one of the following findings is true:
. ' 1. The license applicant is under eighteen (18) years of age;
Page 36 of 43
be deposited . in the. U.S? mail, postage prepaid, immediately upon
determination that the application is incomplete. The applicant shall have ten (10)
calendar days from the date of the notice to submit additional information to render the
application complete. The applicant's failure to submit the additional information within
this time period renders the application null and void. Within five (5) city business days
following the receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
, 2. An applicant has failed to provide information reasonably necessary for
issuance of the license or gave false, fraudulent or untruthful information on the
application form;
3. The applicant has been convicted of a specified criminal activity, as
defined in this chapter, either within the state or in another jurisdiction;
4. The applicant has, within the past five years, been convicted in an
administrative enforcement action,or court action of violating an adult-oriented business
ordinance;
5. The applicant has had an adult business manager or performer license, or
comparable license, of any type revoked within the past five (5).years or one suspended
within the past three (3) years, immediately preceding the date of application; the fact
that the applicant has appealed such action shall have no effect on the disqualification
of the application; or
6. The license fee required by this chapter has not been paid.
Section 5.88.090 Transfer of a manager or entertainer's license
It is a violation of this chapter for a licensee to transfer ownership or control of a
manager or performer license to another.
Section 5.88.100 Terms of license
A. A license issued under this chapter shall be issued for a period of one (1) year
and is required to be renewed annually.
B. A license issued under this chapter shall expire on the last day of the calendar
month during which the licenses were issued or renewed during the previous year.
C. The license, if granted, shall state on its face the name of the person to whom it
is granted, the expiration.date, the address of the adult-oriented business and whether
the license is a manager or performer license. __.
D. Within 30 calendar days of any change in the information originally submitted
with the license application, all licensees shall provide the community development
director with a written statement supplementing or amending the information required by
this division. Failure to submit such changes shall be grounds for suspension of the
license.
Section 5.88.110 Re-Application
A permittee or applicant cannot re-apply for an adult business manager or performer
license within one (1) year from the date of prior denial.'
Section 5.88.120 Renewals
Page 37 of 43 _
proceedings as provided in this chapter. The provisions of this chapter shall fully apply
to a provisional license. __-
Section 5.88.080 Approval or denial of a manager or performer license
A. The community development director shall approve the issuance of a regular
license town applicant, unless it is determined by a preponderance of the evidence that
any one of the following findings is true:
. ' 1. The license applicant is under eighteen (18) years of age;
Page 36 of 43
be deposited . in the. U.S? mail, postage prepaid, immediately upon
determination that the application is incomplete. The applicant shall have ten (10)
calendar days from the date of the notice to submit additional information to render the
application complete. The applicant's failure to submit the additional information within
this time period renders the application null and void. Within five (5) city business days
following the receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
A. A license may only be renewed by the licensee's filing with the community
development department a written request for renewal on a form provided by the city,
accompanied by a nonrefundable application licensing fee set forth in the schedule of
fees established from time to time by the city council, and a copy of the license to be
renewed.
B. The request for renewal shall be made at least thirty (30) calendar days before
the expiration date of the regular license. When a renewal request is made less than
thirty (30) calendar days before the expiration date, the expiration shall not be stayed.
C. The community development director shall act upon applications for license
renewal as provided for in applications for licenses.
D. A licensee subject to denial of a renewal application shall have the right to appeal
the suspension or revocation under the procedures provided in this chapter.
Section 5.88.130 Suspension or Revocation
A. On determining that grounds for license suspension or revocation exist, the
community development director shall furnish written notice of the proposed suspension
or revocation to the license holder. Such notice shall set forth the time and place of a
hearing and the ground or grounds upon which the hearing is based, the pertinent code
sections, and a brief statement of the factual matters in support thereof. The notice
shall be mailed, postage prepaid, addressed to the last known address of the license
holder, or shall be delivered to the license holder personally, at least ten (10) days prior
to the hearing date. Hearings pursuant to this section shall be conducted by the
community development director or his/her designee, which may include a third party
hearing officer. Hearings pursuant to this section shall be conducted in accordance with
procedures established by the community development director, at a minimum, shall
include the following:
5. All parties involved shall have the right to offer testimonial, documentary, and
tangible evidence bearing upon the issues and may be represented by counsel.
6. The community development director or his/her designee shall not be bound by
the formal rules of evidence.
7. Any hearing under this section may be continued for a reasonable time for the
convenience of a party or a witness at the request of the license holder.
Extensions of time or continuances sought by a license holder shall not be
considered a delay on the part of the City or constitute failure by the City to
provide for prompt decisions on license suspensions or revocations.
8. The decision of the community development director or his/her designee may be
appealed in accordance with this chapter.
Page 38 of 43
e of the following findings is true:
. ' 1. The license applicant is under eighteen (18) years of age;
Page 36 of 43
be deposited . in the. U.S? mail, postage prepaid, immediately upon
determination that the application is incomplete. The applicant shall have ten (10)
calendar days from the date of the notice to submit additional information to render the
application complete. The applicant's failure to submit the additional information within
this time period renders the application null and void. Within five (5) city business days
following the receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
r Section 5.88.140 Causes for Suspension, Revocation or Conditions
A. A license may be suspended, revoked, or conditions imposed on a license based
on the following causes arising from the acts or omissions of the license holder:
1. Licensee performed adult live entertainment in a location not approved for
such activity;
2. The license is being used to conduct an activity different from that for
which is was approved;
3. Licensee violated any requirement of the Zoning Code related to the
regulation of adult businesses;
4. Licensee refused city or other governmental agency access to the
premises and records;
5. Licensee allowed a person under the age of eighteen (18) years in or on
the premises;
6. Licensee demonstrated an inability to manage the business in a peaceful
and law-abiding manner thus necessitating action by law enforcement officers;
7. Licensee violated any of the "standards of conduct and operation"
contained in chapter 18.70 of the municipal code;
8. The licensee's license has been suspended more than once;
9. The licensee managed or performed during a period of time when the
license was suspended;
10. Licensee transferred, or attempted to transfer, a license issued under this
chapter to another person or entity;
11. The license holder has failed to obtain or maintain all required city, county
and/or state licenses;
12. The license holder has made any false, misleading, or fraudulent
statement of material fact in the application for an adult business license;
13. The licensee, or in the case of a manager, an individual employed by, or
performing in, the adult business (whether classified as an employee or independent
contractor) has been convicted of sex-related offenses that occurred in or on the
licensed premises and was employed by, or performing in, the adult business at the
time the offenses were committed;
14. That the adult business that the license holder is employed in and for
which the license was granted has ceased to exist or has been suspended for six (6)
months or more; or
' 15. The licensee has knowingly allowed or permitted, or has failed to make a
reasonable effort to prevent the occurrence of any of the following on the premises of
Page 39 of 43
Extensions of time or continuances sought by a license holder shall not be
considered a delay on the part of the City or constitute failure by the City to
provide for prompt decisions on license suspensions or revocations.
8. The decision of the community development director or his/her designee may be
appealed in accordance with this chapter.
Page 38 of 43
e of the following findings is true:
. ' 1. The license applicant is under eighteen (18) years of age;
Page 36 of 43
be deposited . in the. U.S? mail, postage prepaid, immediately upon
determination that the application is incomplete. The applicant shall have ten (10)
calendar days from the date of the notice to submit additional information to render the
application complete. The applicant's failure to submit the additional information within
this time period renders the application null and void. Within five (5) city business days
following the receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
the adult business; or a licensee has been convicted of violating any of the following
state laws on the premises of the adult business:
a. Any act of unlawful sexual intercourse, sodomy, oral copulation, or
masturbation;
b. Use of the establishment as a place where unlawful solicitations for sexual
intercourse, sodomy, oral copulation, or masturbation openly occur;
c. Any conduct constituting a criminal offense which requires registration
under Section 290 of the California Penal Code;
d. The occurrence of acts of lewdness, assignation, or prostitution, including
any conduct constituting violations of Sections 315, 316, 318 or subdivision (b) of
Section 647b of the California Penal Code;
e. Any act constituting a violation of provisions in the California Penal Code
relating to obscene matter or distribution of harmful matter to minors, including, but not
limited to Sections 311 through 313.4;
f. Any act constituting a felony involving the sale, use, possession, or
possession for sale of any controlled substance specified in Sections 11054, 11055,
11056, 11057, or 11058 of the California Health & Safety Code; or
g. An act or omission in violation of any of the requirements of this chapter if
such act or omission is with the knowledge, authorization, or approval of the license
holder or is as a result of the license holder's (in the case of a manager) negligent
supervision of the employees or independent contractors of the adult business. This
includes the allowance of activities that are or become a public nuisance which includes
the disruptive conduct of business patrons whether on or immediately off the premises
where such patrons disturb the peace, obstruct traffic, damage property, engage in
criminal conduct, violate the law and otherwise impair the free enjoyment of life and
property.
Section 5.88.150 Decision following a Suspension or Revocation Hearing
A. After holding the hearing in accordance with the provisions of this chapter, if the
community development director or his or her designee finds and determines that there
are grounds for suspension, revocation or the addition of conditions, the community
development director shall impose one of the following:
1. Suspension of the license for a specified period not to exceed six (6) months; or
2. Revocation of the license; or
3. The addition of reasonable conditions necessary to permit the adult business to
' continue to operate in a manner that would eliminate the grounds for suspension or
revocation that have been found to exist.
Page 40 of 43
The decision of the community development director or his/her designee may be
appealed in accordance with this chapter.
Page 38 of 43
e of the following findings is true:
. ' 1. The license applicant is under eighteen (18) years of age;
Page 36 of 43
be deposited . in the. U.S? mail, postage prepaid, immediately upon
determination that the application is incomplete. The applicant shall have ten (10)
calendar days from the date of the notice to submit additional information to render the
application complete. The applicant's failure to submit the additional information within
this time period renders the application null and void. Within five (5) city business days
following the receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
B. The community development director shall render a written decision that shall be
hand delivered or overnight mailed to the license holder within five (5) business days of
the public hearing.
C. In the event a license is revoked pursuant to this section, another adult business
license to operate an adult business shall not be granted to the licensee or an entity
related to the licensee within twelve (12) months after the date of such revocation.
D. A licensee subject to suspension or revocation shall have the right to appeal the
suspension or revocation under the procedures provided in this chapter.
E. A licensee that has had a license revoked shall be subject to the same license
criteria required of any applicant applying for a new license.
Section 5.88.160 Appeals
A. After approval, denial, suspension or revocation of a license, any affected person
may appeal the decision by filing a written petition with the city clerk requesting a
hearing on the denial, suspension, or revocation of the license within fifteen (15)
calendar days of the date of the community development director's decision. The city
council shall serve as the appeals board. The appeal shall be scheduled within twenty
(20) calendar days of the date the petition is received in the office of the city clerk. The
city clerk shall give written notice to the applicant,of the time and place for the hearing
on the applicant's appeal at least ten (10) calendar days prior to the scheduled date of
hearing.
B. During the appeal of a license denial, suspension, or revocation, the applicant
shall be permitted to operate with a provisional license until the final disposition of the
appeal proceedings before the City Council. The provisions of this chapter shall fully
apply to a provisional license.
C. Consideration of an appeal of the decision shall be at a public hearing and which
hearing shall occur within thirty (30).days of the filing or initiation of the appeal.
D. The city council's action on the appeal of the decision shall be by a majority vote
of the members present and upon the conclusion of the de novo public hearing, the city
council shall grant or deny the appeal. The city council's decision shall be final and
conclusive and shall be rendered to the licensee in writing by registered or certified mail
within ten (10) city business days of the hearing.
E. In reaching its decision, the city council shall not be bound by the formal rules of
evidence.
F. Notwithstanding any provisions in this section regarding the occurrence of any
action within a specified period of time, the applicant may request additional time
beyond that provided for in this section or may request a continuance regarding any
decision or consideration by the city of the pending appeal. Extensions of time sought
Page 41 of 43
pplicant is under eighteen (18) years of age;
Page 36 of 43
be deposited . in the. U.S? mail, postage prepaid, immediately upon
determination that the application is incomplete. The applicant shall have ten (10)
calendar days from the date of the notice to submit additional information to render the
application complete. The applicant's failure to submit the additional information within
this time period renders the application null and void. Within five (5) city business days
following the receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
by applicants shall not be considered delay on the part of the city or constitute failure by
the city to provide for prompt decisions on applications.
G. Failure of the city clerk to render a decision to grant or deny an appeal of a
license denial within the time frames established by this section shall be deemed to
constitute a denial of the license.
H. The time for a court challenge to a decision of the city council is governed by
California Code of Civil Procedure § 1094.8.
I. Notice of the city council's decision and its findings shall include citation to
California Code of Civil Procedure § 1094.8.
J. Any applicant or license holder whose license has been denied pursuant to this
Section shall be afforded prompt judicial review of that decision as provided by
California Code of Civil Procedure § 1094.8.
Section 5.88.170 Violations
Any adult-oriented business established, operated, or maintained contrary to the
provisions of this chapter is unlawful and a public nuisance, and the City Attorney may
commence an action or actions, proceeding or proceedings for the abatement, removal,
and enjoinment thereof in the manner provided by law, and shall take such other steps
and shall apply to such court or courts as may have jurisdiction to grant such relief as
will abate or remove such adult-oriented business and restrain and enjoin any person
from establishing, operating, or maintaining an adult-oriented business contrary to the
provisions of this chapter or such other laws."
SECTION 6. 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 7. This ordinance shall take effect thirty days from the date of adoption.
SECTION 8. 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.
Page 42 of 43
ed or certified mail
within ten (10) city business days of the hearing.
E. In reaching its decision, the city council shall not be bound by the formal rules of
evidence.
F. Notwithstanding any provisions in this section regarding the occurrence of any
action within a specified period of time, the applicant may request additional time
beyond that provided for in this section or may request a continuance regarding any
decision or consideration by the city of the pending appeal. Extensions of time sought
Page 41 of 43
pplicant is under eighteen (18) years of age;
Page 36 of 43
be deposited . in the. U.S? mail, postage prepaid, immediately upon
determination that the application is incomplete. The applicant shall have ten (10)
calendar days from the date of the notice to submit additional information to render the
application complete. The applicant's failure to submit the additional information within
this time period renders the application null and void. Within five (5) city business days
following the receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
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
City Council of the City of Grand Terrace held on the 13th ofAugust, 2013, by the
following vote:
AYES: Councilmembers McNaboe, Mithhell and Robles; Mayor Pro Tem Sandoval
and Mayor Stanckiewitz
NOES: None
ABSENT: None
ABSTAIN: None
ANXA
City Clerk -
Approved as to form:
City Attorney
Page 43 of 43