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HomeMy WebLinkAboutCC ORD 1999-2167 Adds §§ 15.36.005 and 18.69.100; amends §§ 15.36.010, 15.36.020, 15.36.030, 15.36.040, 15.36.050, 15.36.070, 18.04.113, 18.04.501, and 18.69.010—18.69.080, peep show establishments and adult-oriented businesses (15.36, 18.04, 18.69)ORDINANCE NO. 99- 2167 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTERS 15.36, 18.04 AND 18.69 OF THE NATIONAL CITY MUNICIPAL CODE RELATING TO PEEP SHOW ESTABLISHMENTS, CABARETS AND ADULT ORIENTED BUSINESSES BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That Chapter 15.36 of the National City Municipal Code is amended by adding Section 15.36.005 and amending Sections 15.36.010, 15.36.020, 15.36.030, 15.36.040, 15.36.050 and 15.36.070 to read as follows: 15.36.005 Definitions. A. "Peep show establishment" means any place in which a peep show device is installed, maintained or operated. It includes an adult motion picture arcade defined in Section 18.69.020F. B. "Peep show device" means an aperture or device by or through which electronic, video, photographic, cinematic, digital, or computer generated images are or can be reflected or projected onto an external screen or be internally projected, generated or reflected onto a screen that is an integral part of the device itself. 15.36.010 Wall --partition construction. No person shall operate a peep show establishment unless any wall or partition which is situated so as to create a room, enclosure or booth in which any peep show device is located is constructed of not less than one hour fire resistive material. Any wall of a room, enclosure or booth which adjoins another room, enclosure or booth containing a peep show device shall be solid and uninterrupted by any hole or aperture, other than a lawfully conforming exit or other lawful means of ingress and egress. 15.36.020 Aisle --minimum width. No person shall operate a peep show establishment in which the width of the aisles in any room, enclosure or booth where a peep show device is located is less than forty-two inches. 15.36.030 Doorways --requirements. No person shall operate a peep show establishment unless there are no fewer than two doorways of a width no less than thirty-six inches which provide ingress or egress from any room, enclosure or booth in which a peep show device is located; provided, however, that one doorway shall be sufficient should the fire chief so determine, based on fire safety considerations. Doorway or doorways shall be opened and unlocked during business hours. 15.36.040 Lighted exit signs. No person shall operate a peep show establishment unless there is placed over every doorway that provides egress from any room, enclosure or booth in which a peep show device is located an internally illuminated exit sign with letters at least five inches in height. 1999 Ordinance Adult Oriented Businesses 15.36.050 Patron --view of doorway. No person shall operate a peep show establishment unless each peep show device located in such establishment is situated so as to permit a patron to have a constantly unobstructed view of the interior of the room containing the peep show device. The interior of the room, enclosure or booth containing a peep show device shall be visible at all times. No curtain, door or opaque cover shall block the view of an operator into the interior of the room, enclosure or booth containing the peep show device. 15.36.070 Maximum occupancy load. No person shall operate a peep show establishment in which the number of persons in any room or partitioned portion of a room, enclosure or booth where a peep show device is located exceeds one person per thirty square feet. The maximum occupancy load permitted in any room or partitioned portion of a room in which a peep show device is located shall be conspicuously posted by the operator, and shall remain posted, at the entrance to said room. Section 2. That the title of Chapter 18.69 of the National City Municipal Code be amended to read as "Adult Oriented Businesses". Section 3. That Sections 18.04.113 and 18.04.501 of the National City Municipal Code be amended to read as follows: 18.04.113 Cabaret. "Cabaret" means a cafe, restaurant, bar or any other public establishment that serves food or alcoholic or non-alcoholic beverages, or both, where entertainment is regularly provided by paid or unpaid performers or musicians, or dancing is regularly allowed to the accompaniment of recorded or live music or rhythmic sound. See also Section 18.69.020H. 18.04.501 Peep Shows. A. "Peep show establishment" means any place in which a peep show device is operated. See also Chapter 15.36. B. "Peep show device" means an aperture through which may be viewed images that are exhibited by means of the projection or internal electronic reflection of motion picture film, or slides, or both. See also adult motion picture arcades defined in Section 18.36.020F and adult mini -motion picture theater in Section 18.69.020E. Section 4. read as follows: That Section 18.69.010 of the National City Municipal Code be amended to 18.69.010 Purpose and intent. A. It is the purpose of this Chapter to establish reasonable and uniform content -neutral regulations to decrease blight and crime by either dispersing adult oriented businesses, or by shifting part of the burden of regulating such businesses to the private sector by placing them in locations which minimize the negative secondary effects of such businesses. B. It is the intent of this chapter that these regulations be utilized to serve the substantial interest of the City in preventing problems of blight and deterioration which accompany and are brought about by adult oriented businesses, while allowing reasonable alternative locations for those businesses. 1999 Ordinance 2 Adult Oriented Businesses C. In enacting this Chapter, the City Council is relying upon the experiences of the City of National City and upon the experiences and studies of other municipalities concerning the deleterious effects of adult oriented businesses, which this Chapter is intended to curtail. Section 5. read as follows: That Section 18.69.020 of the National City Municipal Code be amended to (A through E--no change) . F. "Adult motion picture arcade," to include without limitation a peep show, is any place to which the public is permitted or invited wherein coin or slug -operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image - producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas. The image producing device or peep show device shall also include any other device by or through which electronic, video, photographic, cinematic, digital, or computer generated images depicting specified anatomical areas or specified sexual activity defined by Section 18.69.020 are or can be reflected or projected onto an external screen or be internally projected, generated or reflected onto a screen that is an integral part of the device itself. (G--no change) H. "Adult cabaret" is a night club, bar, restaurant, cabaret or similar establishment which may serve food or alcoholic or non-alcoholic beverage, or both, and which, for consideration, regularly features live performances or films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or the exposure of specified anatomical areas for observation by patrons or attendees. (I through J--no change) . K. "Adult model studio" is any establishment open to the public where, for any form of consideration, one or more persons display or expose any portion of specified anatomical areas to be observed, sketched, drawn, painted, sculptured, photographed, videoed or be similarly viewed or depicted by any person, other than the proprietor, who pays a consideration to either the proprietor, an employee of the proprietor or the model. This definition shall also include, without limitation, a "lingerie modeling establishment." This definition shall not apply to any school of art which is operated by an individual, firm, association, partnership, corporation or institution which meets the requirements established in the Education Code of the state of California for the issuance or conferring of, and is in fact authorized thereunder to issue and confer a diploma. (L through R - No change) . S. "Establishing an adult oriented business," as used in this chapter, means and includes any of the following: 1. The opening or commencement of any such business as a new business; 2. The conversion of an existing business, whether or not an adult oriented business, to any of the adult oriented businesses defined in this chapter; or 3. The addition of any of the adult oriented businesses defined herein to any other existing adult oriented business; or 1999 Ordinance 3 Adult Oriented Businesses 4. The relocation of any such business. T. "Transfer of ownership or control," as used in the chapter, means and includes any of the following: 1. The sale, lease or sublease of an adult oriented business; 2. The transfer of securities which constitute a controlling interest in such business, whether by sale, exchange or similar means; or 3. The establishment of a trust, gift or other similar legal device which transfers the ownership or control of such business, except for transfer by bequest or other operation of law upon the death of the person possessing such ownership or control. U. "Sale and display of paraphernalia and literature commonly associated with the use of narcotics and controlled substances (headshops)" is an establishment or place where more than fifteen percent of the floor area in any room is used for the sale and display of such paraphernalia and literature, including but not limited to cocaine and sniffing kits, glass mirrors for cutting cocaine, snorting spoons and tubes, strainers to sift cocaine, water pipes (bongs), everyday items with special removable tops that have been converted to conceal narcotics and drugs, including simulated beer cans, oil cans and plastic photographic film vials, "roach clips" (for holding marijuana cigarettes), or books and magazines extolling the use of narcotics or controlled substances. Such a place is an adult oriented business. This definition does not limit licensed pharmacies in selling and displaying paraphernalia that is medical equipment prescribed by licensed medical practitioners. Section 6. That Subsections Y, Z, and AA be added to Section 18.69.020 of the National City Municipal Code to read as follows: Y. "Sexually -oriented business" is any business in which: (1) Specified sexual activity occurs or specified anatomical areas are exposed, or both, by a patron, attendee, employee or independent contractor for any form of consideration paid or furnished to the owner, proprietor, an employee of the owner or proprietor, or to an independent contractor at the location or premises; or (2) Material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical areas, or both, is displayed, sold or provided for consideration on a regular basis. Z. "Consideration," as used in this Chapter 18.69, means a payment or transfer of money or other thing of value exceeding a total of one cent ($.01) to an owner or proprietor, an employee of the owner or proprietor, or to a performer, independent contractor or entertainer at the establishment, without regard to: 1. Any donative intent of the payor, transferror or donor; 2. The time of payment or transfer; or, 3. Whether the payment or transfer was for admission to the establishment or for merchandise, food or beverage displayed or sold at or on behalf of that establishment. AA. "Lingerie Modeling Establishment" means an establishment where, for consideration and for viewing by a patron at that establishment, a person either (1) wears and displays undergarments, lingerie, underwear and similar articles of intimate apparel which cover those areas which constitute specified anatomical areas; or (2) changes from one costume into another in the presence of a patron or patrons and thereby exposesone or more specified anatomical areas to that patron or patrons. This definition shall not, however, be construed so as to apply to a commercial 1999 Ordinance 4 Adult Oriented Businesses retail or wholesale establishment that principally and customarily sells clothing and related wearing apparel, and where specified anatomical areas are not exposed to customers during demonstration displays of merchandise for sale. Section 7. That Section 18.69.030, Section 18.69.040, Section 18.69.050, Section 18.69.060, Section 18.69.070, and Section 18.69.080 of the National City Municipal Code be amended to read as follows: 18.69.030 Prohibitions. A. No person or entity shall own, establish, operate, control or enlarge, or cause or permit the establishment, operation, enlargement or transfer of ownership or control, except pursuant to Section 18.69.060, of any of the following adult oriented businesses if such adult oriented business is or would be within one thousand five hundred feet of another adult oriented business, within one thousand five hundred feet of any school or public park within the city, or within one thousand feet of any residentially zoned property in the city: 1. Adult bookstore 2. Adult motion picture theatre 3. Adult mini -motion picture arcade (peep shows) 4. Adult arcade 5. Adult drive-in theater 6. Adult cabaret 7. Adult motel 8. Adult theater 9. Adult model studio 10. Body painting studio 11. Massage parlor 12. Any sexually oriented business 13. Adult video games 14. Adult video cassette sales and rentals 15. Sexual encounter establishments 16. Lingerie modeling establishment B. An establishment listed in this section shall not be established, operated, enlarged or transferred unless the provisions of the zone in which the site or proposed site is located permit such a use. The conduct of such establishment and the use of the premises shall otherwise comply with the land use code and all other applicable regulations. C. Nothing in this chapter prohibits the location of adult oriented businesses within retail shopping centers in all commercial zones wherein such activities will have their only frontage upon enclosed malls or malls isolated from their direct view from public streets, parks, schools, churches or residentially zoned property. D. Massage parlors, and sexual encounter establishments shall be permitted only upon the prior issuance of a conditional use permit. E. The location of an adult oriented businesses listed in Section 18.69.030(A) of this code (with the exception of subsection (A) (11) and (A) (15)) within any new or existing retail center shall not require a conditional use permit under Section 18.16.095 of this code. 1999 Ordinance 5 Adult Oriented Businesses 18.69.040 Measure of distance. The required minimum distance between any two adult oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closed exterior structural wall of each such business. The distance between any adult oriented business and any public school, public parks or residentially zoned land shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult oriented business to the closest property line of the public school, public park or residential zone. 18.69.050 Development and maintenance standards. All adult oriented businesses hereafter commenced shall, in addition to compliance with the land use code, comply with these specific requirements: A. Signs. Except for theater marquee signs, changeable copy sign, temporary signs and small permanent signs are not permitted. In addition to the requirements of Section 18.62.020 for permit approvals, all sign permits shall be subject to review and approval by the planning commission. B. Exterior Painting. Building and structures shall not be painted or surfaced with garish colors or textures or any design that would simulate a sign or advertising message. C. Advertisements, displays of merchandise, signs, or any other exhibit depicting adult oriented activities placed within the interior of buildings or premises shall be arranged or screened to prevent public viewing from outside such buildings or premises. D. No outdoor loudspeakers or other outdoor sound equipment advertising or directing attention to an adult oriented use is allowed. E. Upon the order of the city manager, graffiti appearing on any exterior surface of a building or premises, which graffiti is within public view, shall be removed and that surface shall be restored within seventy-two hours of notification to the owner or person in charge of the premises. F. All exterior windows that are visible to the public must be opaquely covered. 18.69.060 Exceptions. A. Any person having ownership or control of an adult oriented business which is within one thousand five hundred feet of another such business or within one thousand five hundred feet of any public school, public park, or within one thousand feet of any residential zone on the date this section first became effective (date: September 11, 1979) shall be permitted to transfer such principal ownership or control within a period of two years thereafter provided that the persons acquiring such ownership or control shall be required to discontinue and abate the uses transferred thereunder within a period not to exceed five years from the date of such transfer of principal ownership or control if such business continues to be within one thousand five hundred feet of any other such adult oriented business or within one thousand five hundred feet of any public school or public park or within one thousand feet of any residential zoned property in the City. B. Nothing in the section prohibits the transfer of principal ownership or control of adult oriented uses permitted under Sections 18.69.030, subsection C or 18.69.030, subsection E. C. After the effective date of adoption of Section 18.69.030(A), (date: September 11, 1979) no public school, public park or residential zoned area shall be allowed to commence within those minimum distances of separation. D. Notwithstanding any other provision of this code to the contrary, the provisions of this chapter shall be applicable to all land within the city, including all redevelopment project areas now in existence or hereafter established. 1999 Ordinance 6 Adult Oriented Businesses 18.69.070 Other regulations, permits or licenses. A. Effect. chapter do not waive or modify any other provision of this code. Adult comply with all applicable provisions of law and this code. B. Reference. This list is not all-inclusive and is inserted here applicable regulations include, but are not limited to the following Chapters: Escort services Live entertainment Massage establishments Obscene matter Pornography Peep show establishments 10.74 10.73 10.76 10.34 10.62 15.36 The provisions of this oriented businesses shall for reference only; other 18.69.080 Protection of minors. Adult oriented businesses shall not allow the admission of minors and shall otherwise comply with Chapter 10.62. An attendant shall be present at all times during hours of operation to deny admittance to minors. Section 8. Section 18.69.100 is added to read as follows: 18.69.100 Constitutional severability. The City Council declares that the invalidity of any section or portion of this Chapter 18.69 shall not affect the validity of any other remaining section or portion; that the City Council would have adopted each of those remaining portions notwithstanding any later declared invalidity. If any portion determined to be invalid can be severed or be judicially interpreted in a way that could harmonize it with the remaining provisions, then it may either be severed or be judicially interpreted and, as interpreted, be applied so as to give full purpose, meaning and effect to the remaining provisions of this chapter. Section 9. Further amendment of Title 18 by which renumbered section numbers of other titles are to be inserted into existing sections of Title 18 may hereafter occur without first referring the renumbering to the Planning Commission, provided there is no substantive change thereby created. Section 10. That the City Council finds that the proposed code amendments are consistent with the General Plan, since the General Plan contains policies that encourage adoption and review of appropriate regulations and procedures. Amending the language to clarify the requirements for adult establishments will strengthen the code by eliminating possible ambiguity or inconsistency. It will not change established policies, regulations or practices. Section 11. That the proposed code amendment is exempt from the California Environmental Quality Act (CEQA), on the basis that there is no possibility that the proposal will have a significant environmental effect, since the amendment will clarify the Code procedures already in practice. Furthermore, CEQA provides that economic and social changes resulting from a project shall not be treated as significant effects of the environment. The amendment addresses regulations that affect only social aspects associated with the development that may occur. It will not generally effect the location of business, schools, parks, or homes in the city. 1999 Ordinance 7 Adult Oriented Businesses Section 12. Severability. The City Council declares that the invalidity of any section or portion of this ordinance or the chapters thereby adopted shall not affect the validity of any other remaining section or portion; that the Council would have adopted each of those remaining portions, notwithstanding any later declared invalidity. If any provision determined invalid under the preceding sentence can be severed or judicially interpreted in a way that could harmonize it with the remaining provisions, then it may either be so severed or be judicially interpreted and, as interpreted, be applied so as to give full purpose, meaning and effect to the remaining provisions of this ordinance. PASSED and ADOPTED this 5 th day of October , 1999. ATTEST: Michael R. Dalla,''City Clerk APPROVED AS TO FORM: "4") George H. Eiser, III, City Attorney George H. . ters, Mayor 1999 Ordinance 8 Adult Oriented Businesses Passed and adopted by the Council of the City of National City, California, on October 5, 1999, by the following vote, to -wit: Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Soto, Waters. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California City lerk of the ity f National City, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on September 14, 1999, and on October 5, 1999. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 99-2167 of the City Council of the City of National City, passed and adopted by the Council of said City on October 5, 1999. City Clerk of the City of National City, California By: Deputy