Loading...
HomeMy WebLinkAboutCC ORD 1968-1201 Adds §§ 4021—4046 to prior code, peep shows (6.58, 15.36)105 ()mem 1201 ORDINANCE NO. 1201 AN ORDINANCE AMENDING DIVISION 4, CHAPTER 40 OF THE NATIONAL CITY MUNICI- PAL CODE BY ADDING THERETO ARTICLE 402 CON- TAINING SECTIONS 4021 THROUGH 4 0 4 6 PROVIDING FOR LICENSING OF PEEP SHOW DEVICES AND DEFIN- I N G CONSTRUCTION A N D SAFETY STANDARDS FOR PEEP SHOW ESTABLISH- MENTS. BE IT ORDAINED, by the Council of the City of National City, as follows: ear' SECTION 1. That Division 4, Chapter 40 of the National City Municipal Code be, and it is hereby amended, by adding thereto Article 402 containing Sections 4021 through 4046 to read as follows: CHAPTER 40, ARTICLE 402 PEEP SHOW ESTABLISH- MENTS SECTION 4021 PURPOSE AND INTENT It is the purpose and intent of the Council that the operation of peep show establishments, as defined in this Code, should be regulated for the protection of the public from the perils of ,,fire, hazards to health, and for 1 the preservation of the peace of the community. SECTION 4022 DEFINITIONS (a) 'Peep show establishment' means any place in which a peep show device is operated. (b) 'Peep show device' means an aperture through which may be viewed images that are ex- hibited by means of the projec- tion or internal electronic re- flection of motionpicture film, or slides, or both. SECTION 4023 PERMIT No person shall operate a peep show device unless a permit for or the operation of said device has (c) The operation pursuant to been issued by the City Treas- the permit will not be in com. urer conf ormity and remains in effect in pliance with all applicable laws. conformity with the provisions of this Code. In the event tnat a permit is SECTION 4024 PERMIT TERM suspended or revoked, the noti- No permit for a peep show de- fication of suspension or reva- vice shall be issued by the City cation, as well as the reasons Treasurer for a period in excess therefor, shall be set forth in of six (6) months. Theexpira- writing and sent to the per- tion dates of said permit shall mittee by means of registered be June 30 and December 31 of mail, certified mail, or hand de - each year. livery. SECTION 4025 PERMIT FEE SECTION 4030 HEARING Every person owning or op- In the event that the City erating a peep show device shall Manager or his delegate has pay a fee of twenty five dollars evidence that any of the re- ($25.00) per six (6) month's per- quirements described in Sections iod for each peep show device. 4.027 or 4029 have not been com- SECT'ION 4026 APPLICATIONS plied with, he shall set forth in FOR PERMIT — INVESTI- writing and send to the appli- GATION FEE cant or permittee, by means of All applications for a permit, registered mail, certified mail, or or for the renewal of a permit, hand delivery, notice that with - shall be accompanied by an in- in a period of not less than five vestigation fee in the sum of, (5) days from the date of the fifty dollars ($50.00). In the posting of said notice, a hear - event the permit is granted or ing shall be conducted to de - renewed, the sum shall be ap- termine the existence of any plied to the permit fee as de- facts which constitute grounds scribed in Section 4024. In the for the denial of a permit or event such permit is denied, said permit renewal, the suspension application fee shall be and be- of a permit, or the revocation come the property of the City of a permit. The notification of National City. shall include the date, time and SECTION 4027 APPLICATION place of the hearing as well as FOR PERMIT: INVESTIGA- a statement of the facts rele- GATION vant to the case. The hearing Every applicant shall file an shall be conducted by a hearing application for a permit, or for officer appointed by the City the renewal of a permit, with Manager. The applicant or the Finance Officer of the City permittee may have the assist - of National City upon the form ance of counsel or may appear to be provided by the Finance by counsel and shall have the Officer. Immediately upon the right to present evidence. In receipt of an application the Fi- the event that the applicant or nance Officer shall deliver said permittee, or counsel represent - application to the City Manager ing the applicant or permittee, or his delegate. The City Man- fails to appear at the hearing, ager or his delegate shall cause the evidence of the existence of to be made an investigation of facts which constitute grounds the application to determine for the denial of a permit or that: permit renewal, the suspension (a) The applicant did not of a permit or the revocation knowingly make a material mis- of a permit, shall be considered statement in the application for unrebutted. a permit or for the renewal of SECTION 4031 APPEAL a permit; and Within ten (10) days after (b) The operation pursuant to the date of posting the notifica- thin that an application for a the issuance or renewal of a permit has been denied, a per- No person shall operate a permit willbbei incompliance mit suspended or revoked, or peep show establishment , in_. with the building, fire, electri- a renewal denied, the applicant which the number of persons cal, plumbing and health re - or permittee may file with the in any room or partitioned por- quirements as set forth in this City Clerk a written request tion of a room where 'a Code; and for a public hearing before the show device is located exceeds (c) The operation pursuant to City Council. Upon the filing one person per thirty (30) the issuance of a permit will be of such a request, the City Clerk square feet. The maximum oc- in compliance with all applica- shall set a time and place for cupancy load permitted in any ble laws. the hearing and shall notify the room or partitioned portion of SECTION 4028 ISSUANCE OR appellant thereof. The hear- a room in which a peep show DENIAL OF PERMIT ing shall be held within thirty device is located shall be con - If, upon investigation, the City (30) days after the request is spicuously posted by the oper- Manager or his delegate finds filed. At the hearing any per- ator, and shall remain posted, that the operation pursuant to son may present evidence in op- at the entrance to said room. the issuance or renewal of a position to, or in support of, SECTION 4 0 4 1 MAXIMUM permit will be in compliance appellant's case. At the con- NUMBER OF DEVICES with the requirements describ- elusion of the hearing the City No person shall operate a ed in Section 4027 the permit Council shall either grant or Peep show establishment in shall be granted or renewed. deny the appeal and the decision which the number of peep show Any application for a permit or of the City Council shall be devices exceeds the maximum for the renewal of a permit may final. occupancy load permitted in be denied if, after the applicant SECTION 4032 NO PERMIT any room or partitioned por- has been given the opportunity ONE YEAR AFTERREV tion of a room in which a peep for a hearing as described in CATION � ,04, !Zy show device is located. The Section 4030, the City Manager No person who has ha a maximum number of peep show or his delegate finds that the Ter- devices permitted in any room operation pursuant to the is- mit for a peep show device re- or partitioned portion of a room suance or renewal of a permit yoked may obtain a peep show in a peep show establishment will not be in compliance with device permit within a period shall be conspicuously posted the requirements described in of twelve (12) months from the date or revocation. by the operator, and shall re - Section 4027. The City Man- main posted, at the entrance to ager or his delegate shall file SECTION 4033 PERMIT AF- said room. a report of the approval or de- nial of the application with the Finance Officer within thir- ty (30) days of receipt of said application. If the application for a permitor for the renew- al of a permit is denied, the no- tification and reasons for denial shall be set forth in writing and sent to the applicant by means of registered mail, certified mail, or hand delivery. SECTION 4029 SUSPENSION OR REVOCATION OF PER- MIT Any permit issued hereunder may be suspended or revoked if, after the permittee has been given the opportunity for a hearing as described in Section 4030, the City Manager or his delegate find that: (a) The permittee knowingly made a material misstatement in the application for the permit or for the renewal of a permit, or (b) The permittee violated any one of the requirements as set forth in this Code which de- fine building, fire, electrical, plumbing or health standards, FIXED TO DEVICE No person shall operate a peep show device unless each such device is plainly marked with a serial number and shall have attached thereto a distinguish- ing tag, sign, permit, or other marker, issued by the City Fi- nance Officer upon the grant- ing or renewal of a permit, which shall bear a permit num- ber identifying the peep show device as a particular device permitted pursuant to the terms of this Code. Such permit Shall be affixed ina conspicuous lo- cation on each device and shall remain thereto until a new or different permit has been issued therefor. No permit shaII be transferable from one person to another or from one device to another. SECTION 4034 WALL, PAR- TITION CONSTRUCTION No person shall operate a peep show establishment unless any wall or partition which is sit- uated se as to create a room, enclosure or booth in which any peep show device is locat- ed is constructed of not less than one hour fire resistive ma- terial. SECTION 4042 FREE AC- CESS TO CITY MANAGER OR DELEGATE No person shall deny the City Manager or his delegate free access to a peep show estab- lishment for purposes of a rea- sonable inspection to enforce compliance with building, fire, electrical, or plumbing regu- lations. SECTION 4 0 3 5 MINIMUM AISLE WIDTH No person shall operate a peep show establishment in which the width of the aisles in any room where a peep show device is lo- cated is less than forty-two (42) inches. SECTION 4 0 3 6 MINIMUM DOORWAYS No person shall operate a peep show establishment unless there are no fewer than two doorways of a width no less than thirty-six (36) inches which provide ingress or egress from any room in which a peep show device is located provided however that one (1) doorway shall be sufficient in the event the Fire Chief should so deter- mine. Doorway Or doorways shall be unlocked during Lusi- ness hours. SECTION 4 0 3 7 LIGHTED EXIT SIGNS No person shall operate a peep show establishment unless over every doorway which pro- vides egress from any room in which a peep show device is located an internally illuminat- ed exit sign with letters at least five (5) inches in hei t is maintained. SECTION 4038 PATRON V EW OF DOORWAY -- 1968.- No person shall operate a (Signed) Ione Minogue peep show establishment unless (Seal) City Clerk of the each peep show device located ,City of National City, in such establishment is situat- California ed so as to permit the person NC-3899, 8/15/68 using the peep show device to have a constantly unobstructed view of the doorway or door- ways which provide ingress to or egress from the establish- ment. SECTION 4 0 3 9 MINIMUM LIGHTING No person shall operate a peep show establishment unless a light level of no dens than ten (10) foot candles at floor level is maintained in every portion of said establishment to which the public is admitted. SECTION 4040 MAXIMUM OCCUPANCY LOAD SECTION 4043 INJUNCTIVE RELIEF In addition to the legal rem- edies provided for in this Code the operation of any peep show establishment in violation of the terms of this Code shall be deemed a public nuisance and may be, by The City of National City, enjoined. SECTION 4045 VIOLATION Violation of the provisions of this article is a misdemeanor punishable by a fine of five hundred dollars ($500.00) and imprisonment for 'a period not to exceed six months. SECTION 4046 VARIANCE The City Manager, or his dele- gate, is empowered in the ad- ministration of the ordinance to permit such variance or de- viation from the regulations hereof as will effectuate the purpose and intent hereof. Section 2. This ordinance shall take effect and be in force on the thirtieth day from and after its passage. PASSED AND ADOPTED by the City Council of the City of National City, California, this 6th day of August, 1968, by the following vote, to -wit: AYES: Councilmen Camacho, Colburn, Hogue, Reid, Morgan. NAYS: Councilmen None ABSENT: None Kile Morgan, Mayor of the City of National City, California ATTEST: Ione Minogue, City Clerk I hereby approve the forego- ing Ordinance this 6th day of August, 1968. Kile Morgan, Mayor of the City of National City, California I hereby certify that the above and foregoing is a full and true copy of Ordinance No. 1201 of the Ordinances of the City of N tion 1 City, Califor- nia, as dopte by the City Council said 'ty, and ap- proved the M or of said City, on the 6th da of August, AND I HEREBY CERTIFY that the same has been, duly published according to law. City Clerk, City of National City, Calif nip. ,