5569i
ORDINANCE NO. 5569
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
VARIOUS SECTIONS OF CHAPTER 18.89 OF TITLE 18
OF THE ANAHEIM MUNICIPAL CODE RELATING TO
SEX -ORIENTED BUSINESSES.
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That subsection C of Section 18.89.020 of Chapter 18.89
of Title 18 of the Anaheim Municipal Code be, and the same is
hereby, amended to read as follows:
"C. 'Specified Anatomical Parts':
(i) Less than completely and opaquely covered human
genitals; pubic hair; cleft of the buttocks; perineum; anal
region; pubic hair region; or female breast below a point
immediately above the top of the areola; or
(ii) Human male genitals in a discernibly turgid state,
even if completely and opaquely covered."
SECTION 2.
That subsection D of Section 18.89.020 of. Chapter 18.89
of Title 18 of the Anaheim Municipal Code be, and the same is
hereby, amended to read as follows:
"D. 'Specified Sexual Activities':
(i) Actual or simulated: sexual intercourse, oral
copulation, anal intercourse, oral anal copulation,
bestiality, masturbation, direct physical stimulation of
clothed or unclothed genitals, flagellation or torture in the
context of a sexual relationship, or the use of excretory
function in the context of a sexual relationship; or any of
the following depicted sexually -oriented acts or conduct,
whether actual or simulated: anilingus, buggery, coprophagy,
coprophilia, cunnilingus, fellatio, necrophilia, pederasty,
pedophilia, sapphism, urophilia, zooerastia, zoophilia; or
(ii) Clearly depicted human genitals in a state of
sexual stimulation, arousal or tumescence; or
(iii) Use of human or animal ejaculation; or
(iv) Fondling or erotic or sexually -oriented touching
of human genitals, pubic region, buttocks, cleft of the
buttocks, anal region or female breast; or
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(v) Masochism; erotic or sexually -oriented torture,
beating or the infliction of pain; or
(vi) Erotic or lewd touching, fondling, or other
sexually -oriented contact with an animal by a human being; or
(vii) Human excretion, urination, menstruation, vaginal
or anal irrigation; or
(viii) Striptease, or the removal of clothing, or the
wearing of transparent or diaphanous clothing, including
models appearing in lingerie, to the point where Specified
Anatomical Parts are exposed."
SECTION 3.
That subsection .030 of Section 18.89.025 of Chapter
18.89 of Title 18 of the Anaheim Municipal Code be, and the same is
hereby, amended to read as follows:
11.030 This Section 18.89.025 shall not be applicable to
a business establishment (i) for which such transactions
constitute less than fifteen percent (15%) of the gross
receipts of the business, (ii) for which the Owner has an
application pending for, or has obtained, a Sex -Oriented
Business Permit, or (iii) for which the Owner has filed a
sworn statement with the City giving the name and address of
the Owner's business and stating, under penalty of perjury,
that the business is being run as a Sex -Oriented Business
within the meaning of this Code."
SECTION 4.
- That subsection .030 of Section 18.89.030 of Chapter
18.89 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
11.030 Application Requirements.
The following information and items shall be submitted to
the License Collector by the Owner at the time of applying for
a Sex -Oriented Business Permit:
.0301 A completed Sex -Oriented Business Permit
application form signed by the Owner of the proposed
Sex -Oriented Business, certifying under penalty of
perjury that all of the information upon or submitted
with the application is true and correct to the best of
his or her information and belief.
.0302 A non-refundable deposit or processing fee
in the amount set by ordinance or resolution of the City
Council.
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.0303 A letter describing the proposed business
and explaining how it will satisfy the applicable
requirements set forth in Subsection 18.89.030.050 of
this Chapter.
.0304 A site plan designating the building and/or
unit proposed for the Sex -Oriented Business and a
dimensional interior floor plan depicting how the
business will comply with all applicable requirements of
this Chapter.
.0305 All further information required in the Sex -
Oriented Business Permit Information Packet adopted by
resolution of the City Council."
SECTION 5.
That Subsection .050 of Section 18.89.030 of Chapter 18.89 of
Title 18 of the Anaheim Municipal Code be, and the same is hereby,
amended to read as follows:
11.050 Requirements for Sex -Oriented Businesses;
Standards for Approval of Permit.
It shall be unlawful for any person or entity to own,
operate or conduct any Sex -Oriented Business, or for any
person to engage or participate in any Specified Sexual
Activities or display or expose any Specified Anatomical Parts
except in compliance with the requirements of this subsection
.050 as hereinafter set forth. In addition, the License
Collector shall approve and issue a Sex -Oriented Business
Permit if the application and evidence submitted show that
such Sex -Oriented Business will be conducted in compliance
with the requirement of this subsection .050 as hereinafter
set forth.
.0501 The Sex -Oriented Business shall be located in a
zone permitting the proposed use, provided the premises shall
be located outside the boundaries of any redevelopment area
established by ordinance of the City of Anaheim.
.0502 The Sex -Oriented Business shall not be located
within four hundred (400) feet of any residential zone or
residential use, whether such residential zone or use is
within or outside the corporate boundaries of the City of
Anaheim.
.0503 The Sex -Oriented Business shall not be located
within one thousand (1,000) feet of any lot upon which there
is located any religious institution, public park, any public
or private elementary, secondary, middle, junior high, or high
school, whether such use is within or outside the corporate
boundaries of the City of Anaheim.
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.0504 The Sex -Oriented Business shall not be located:
.01 south of Crescent Avenue if located west of
Gilbert Street; or south of La Palm Avenue if located east of
Gilbert Street;
.02 east of Jefferson Street; or
.03 within 100 feet of the right of way line of
any freeway or street designated an arterial highway on the
Circulation Element of the Anaheim General Plan.
.0505 Not more than two (2) Sex -Oriented Businesses
shall be located within any circular area having a radius of
2500 feet. Further such businesses shall be located either
(i) in contiguous building units sharing at least one common
wall with another Sex -Oriented Business, or (ii) upon
contiguous parcels of property each of which parcels is
exclusively devoted to use as a Sex -Oriented Business, or
(iii) at least one thousand (1,000) feet from any other Sex -
Oriented Business.
.0506 For the purposes of this subsection .050, all
distances shall be measured in a straight line, without regard
to intervening structures or objects, from the nearest point
of the premises where said Sex -Oriented Business is conducted
to the nearest property line of any lot zoned or used for
residential uses other than a residential lot under resolution
of intent to any non-residential zone, or to the nearest
property line of any lot upon which is located a religious
institution, public park or school, or to the nearest point of
the premises of any other Sex -Oriented Business. The word
'premises', for purposes of this Section 18.89.030, shall mean
the building (if the Sex -Oriented Business occupies the entire
building), or separate portion of any building, used for a
Sex -Oriented Business.
.0507 The Sex -Oriented Business shall be conducted
wholly within a building and shall not be located, in whole or
in part, within any portable structure.
.0508 Deleted.
.0509 The Sex -Oriented Business
massage, acupuncture, figure modeling,
or escort services and shall not allow
premises.
.0510 Any Sex -Oriented Business
to remain on the premises while viewing
recorded entertainment, or while using
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shall not conduct any
tattooing, acupressure
such activities on the
which allows customers
any live, filmed or
or consuming the
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products or services supplied on the premises, shall conform
to the following requirements:
.01 At least one security guard shall be on
duty outside the premises, patrolling the grounds and parking
areas, at all times while the business is open. The security
guard(s) shall be charged with preventing violations of law
and enforcing compliance by patrons with the requirements of
this Chapter. Any security guard required by this
subparagraph shall be uniformed in such manner so as to be
readily identifiable as a security guard by the public. No
security guard required pursuant to this subparagraph shall
act as a doorperson, ticket seller, ticket taker, or
admittance person while acting as a security guard hereunder.
.02 Landscaping shall conform to the standards
established for the zone, except that, if the Sex -Oriented
Business is the sole use on a lot, no planting shall exceed 30
inches in height, except trees with foliage not less than six
(6) feet above the ground.
.03 The entire exterior grounds, including the
parking lot, shall be lighted sufficiently to permit the
security personnel to observe activity on the grounds and
within automobiles.
.04 The premises within which the Sex -Oriented
Business is located shall provide sufficient sound -absorbing
insulation so that noise generated inside said premises shall
not be audible anywhere on any adjacent property or public
right-of-way or within any other building or other separate
unit within the same building.
.05 No exterior door or window on the premises
shall be propped or kept open at any time while the business
is open, and any exterior windows shall be covered with opaque
covering at all times.
.06 Permanent barriers shall be installed and
maintained to screen the interior of the premises from public
view for each door used as an entrance/exit to the business.
.07 Deleted.
.0511 All indoor areas of the Sex -Oriented Business
within which patrons are permitted, except restrooms, shall be
open to view at all times.
.0512 Except as specifically provided in this Chapter,
the Sex -Oriented Business shall comply with the zoning,
parking, development and design standards applicable to the
zone in which the business is located.
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.0513 No Sex -Oriented Material or Sex -Oriented
Merchandise shall be displayed in such manner as to be visible
from any location other than within the premises occupied by
the Sex -Oriented Business.
.0514 No person under the age of 18 years shall be
permitted within the premises at any time.
.0515 The Sex -Oriented Business shall not operate or be
open between the hours of 2:00 a.m. and 9:00 a.m.
.0516 The Sex -Oriented Business shall provide and
maintain separate restroom facilities for male patrons and
employees and female patrons and employees. Male patrons and
employees shall be prohibited from using the restroom(s) for
females, and female patrons and employees shall be prohibited
from using the restroom(s) for males, except to carry out
duties of repair, maintenance and cleaning of the restroom
facilities. The restrooms shall be free from all Sex -Oriented
Materials and Sex -Oriented Merchandise. Restrooms shall not
contain television monitors or other motion picture or video
projection, recording or reproduction equipment. The
foregoing provisions of this paragraph .0516 shall not be
applicable to a Sex -Oriented Business which deals exclusively
with sale or rental of merchandise which is not used or
consumed on the premises, such as a Sex -Oriented Bookstore,
and which does not provide restroom facilities to its patrons
or the general public.
.0517 Deleted.
.0518 'Individual Viewing Area' shall mean a viewing
area designed for occupancy by one person. Individual Viewing
Areas of the Sex -Oriented Business shall be operated and
maintained without any hole or other opening or means of
direct communication or visual or physical access between the
interior space of two or more Individual Viewing Areas.
.0519 The following additional regulations shall
pertain to Sex -Oriented Motion Picture Arcades which provide
more than one Viewing Area:
.01 Upon application for a Sex -Oriented
Business Permit, the application shall be accompanied by
a diagram of the premises showing a plan thereof
specifying the location of one or more manager's
stations, the location of all overhead lighting fixtures
and designating any portion of the premises in which
patrons will not be permitted. A manager's station may
not exceed thirty-two (32) square feet of floor area with
no dimension greater than eight feet. The diagram shall
also designate the place at which the Sex -Oriented
Business Permit and City business license will be
conspicuously posted. A professionally prepared diagram
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in the nature of an engineer's or architect's blueprint
shall not be required; however, each diagram shall be
oriented to the north or to some designated street or
object and shall be drawn to a designated scale with
marked dimensions sufficient to show the various internal
dimension of all areas of the interior of the premises to
an accuracy of plus or minus six (6) inches. The License
Collector shall waive the foregoing diagram for renewal
applications if the Owner adopts a diagram that was
previously submitted and certifies that the configuration
of the premises has not been altered since it was
prepared.
.02 The application shall be sworn to be
true and correct by the Owner under penalty of perjury.
.03 No alteration in the configuration or
location of a manager's station(s) may be made without
the prior approval of the License Collector.
.04 It is the duty of the Owner(s) to
insure that at least one (1) employee is on duty and
situated at each manager's station at all times that any
patron is present inside the premises.
.05 The interior of the premises shall be
configured in such a manner that there is an unobstructed
view from a manager's station of every area of the
premises to which any patron is permitted access for any
purpose excluding restrooms. If the premises has two or
more manager's stations designated, then the interior of
the premises shall be configured in such a manner that
there is an unobstructed view of each area of the
premises to which any patron is permitted access for any
purpose, excluding restrooms, from at least one of the
manager's stations. The view required in this subsection
must be by direct line of sight from the manager's
station.
.06 It shall be the duty of the Owner(s)
and it shall also be the duty of all employees present on
the premises to insure that the view area specified in
subsection .05 remains unobstructed by any doors, walls,
persons, merchandise, display racks or other materials
at all times and to insure that no patron is permitted
access to any area of the premises which has been
designated as an area in which patrons will not be
permitted in the application filed pursuant to
subparagraph .01 of this paragraph .0518.
.07 No Individual Viewing Area may be
occupied by more than one person at any one time.
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.08 The premises shall be equipped with
overhead lighting fixtures of sufficient intensity to
illuminate every place to which patrons are permitted
access with an illumination of not less than ten (10.0)
foot candle as measured at the floor level.
.09 It shall be the duty of the Owner(s)
and it shall also be the duty of all employees present on
the premises to insure that the illumination described
above is maintained at all times that any patron is
present on the premises.
.0520 The following additional requirements shall
pertain to Sex -Oriented Businesses providing live
entertainment revealing or depicting Specified Anatomical
Parts or involving Specified Sexual Activities:
.01 No person shall perform, and no owner,
operator, or manager of a Sex -Oriented Business shall permit,
live entertainment revealing or depicting Specified Anatomical
Parts for patrons of a Sex -Oriented Business except where:
(a) performed upon a stage located at least
eighteen (18) inches above the level of the floor; and
(b) a distance of at least six (6) feet,
measured horizontally, is maintained between the nearest area
occupied by patrons and the portion of the stage occupied by
an entertainer, at all times during which such entertainer is
revealing or depicting Specified Anatomical Parts.
(c) Notwithstanding any other provision of
this chapter, any Sex -Oriented Business lawfully in existence
and providing live entertainment revealing or depicting
Specified Anatomical Parts upon a stage prior to July 20, 1993
(the 'Legal Nonconforming Business'), which stage and the
patron seating area therefor have been lawfully in existence,
without material modification thereto, since prior to October
5, 1993 (the 'Preexisting Stage and Seating Area'), and which
Preexisting Stage and Seating Area, or any portion thereof,
must be reconstructed, reconfigured or modified to conform to
the requirements of this subparagraph .01 (the 'Required
Remodeling'), and which Required Remodeling necessarily
results in the reduction of usable patron seating area and the
number of seats having a view of the stage, may reconfigure
the usable patron seating area by the addition thereto of a
replacement area and replacement number of patron seats not
greater than the size of the area and number of patron seats
lost as a result of the Required Remodeling. Nothing
contained herein shall authorize an increase in the total
available square footage of patron seating area or an increase
in the total available number of patron seats having a view of
the stage above the respective amounts which lawfully existed
prior to the Required Remodeling.
K
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.02 The Sex -Oriented Business shall provide
separate dressing room facilities for entertainers which are
exclusively dedicated to the entertainers' use.
.03 The Sex -Oriented Business shall provide an
entrance/exit to the premises for entertainers which is
separate from the entrance/exit used by patrons.
.04 Deleted.
.05 No entertainer shall have physical contact
with any patron, and no patron shall have physical contact
with any entertainer while on the premises, which physical
contact involves the touching of the clothed or unclothed
genitals, pubic area, buttocks, cleft of the buttocks,
perineum, anal region, or female breast with any part or area
of such other person's body.
.06 No waiter, waitress, entertainer or other
person employed on the premises as an employee or as an
independent contractor shall violate the provisions of
Section 7.16.060 of the Anaheim Municipal Code while on the
premises.
.07 Fixed rail(s) at least thirty (30) inches
in height shall be maintained establishing the separations
between entertainers and patrons required by this paragraph
.0520.
.08 Deleted.
.0521 Signage shall conform to the standards
applicable to the zone except that such signs (i) shall
contain no sign copy other than the business name and the
street address, and the notice required by subsection
18.89.040.010 on the entrance door to the premises, (ii) shall
contain no flashing lights, (iii) shall contain no
photographs, silhouettes, drawings, statues, monuments, sign
shapes or sign projections, or other graphic representations,
which depict the human body or anatomy, or any portion
thereof, whether clothed or unclothed, including without
limitation representations that depict 'Specified anatomical
Parts' or 'Specified Sexual Activities,' ( iv) shall not be
located within 100 feet of any freeway or any street
designated as an arterial highway on the Circulation Element
of the Anaheim General Plan, and (v) shall not be located or
oriented in a manner whereby the sign copy is visible by any
person traveling in a vehicle upon any freeway or any street
designated as an arterial highway on the Circulation Element
of the Anaheim General Plan. No banners or other temporary
signs shall be placed anywhere upon or within the premises in
such manner as to be visible from any location other than
within the premises occupied by the Sex -Oriented Business.
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.0522 The foregoing applicable requirements of this
subsection .050 shall be deemed conditions of permit approval,
and failure to comply with each and all of such requirements
shall be grounds for (i) revocation of the Sex -Oriented
Business Permit issued pursuant to this Chapter and/or (ii)
criminal prosecution pursuant to Section 1.01.370 of the
Anaheim Municipal Code regardless of whether such business,
person or entity has been issued a Sex -Oriented Business
Permit.
.0523 Submitting false or misleading information on
the application shall constitute grounds for denial or
revocation of the Sex -Oriented Business Permit."
SECTION 6.
That subsection .020 of Section 18.89.040 of Chapter
18.89 of Title 18 of the Anaheim Municipal Code be, and the same is
hereby, amended to read as follows:
11.020 Responsibility for Excluding Minors and
Intoxicated Persons.
.0201 Every person having responsibility for the
operation of a Sex -Oriented Business who, with knowledge that
a person is a minor, or who fails to exercise reasonable care
in ascertaining the true age of a minor, knowingly allows such
minor to enter or remain on the premises of the business is
guilty of a misdemeanor.
.0202 Every person having responsibility for the
operation of a Sex -Oriented Business who allows any obviously
intoxicated person to enter or remain on the premises of the
business is guilty of a misdemeanor.
.0203 For purposes of this section, the holder of a
Sex -Oriented Business Permit when present on the premises, and
the manager or other person(s) in charge of the premises, are
persons having responsibility for the operation of the
business. The term 'minor' shall mean any person under the
age of eighteen (18) years."
SECTION 7.
That subsection .010 of Section 18.89.080 of the Anaheim
Municipal Code be, and the same is hereby, amended to read as
follows:
11.010 The permit holder shall allow officers of the City
of Anaheim and their authorized representatives to conduct
reasonable unscheduled inspections of the premises of the Sex -
Oriented Business for the purpose of ensuring compliance with
the law at any time the Sex -Oriented Business is open for
business or is occupied; provided, whenever any City official
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relies upon this section to gain access to the permit holder's
establishment without paying any otherwise applicable
admission fee or cover charge, any person employed by the
permit holder to collect such admission fees or cover charges,
may require such official, before admitting such official to
the establishment, to produce identification indicating the
official's name, branch of City government by which such
official is employed, and the job title such official holds
within that branch of City government."
SECTION 8.
That Section 18.89.100 of Chapter 18.89 of Title 18 of
the Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
1118.89.100. VIOLATIONS - MISDEMEANOR.
Failure to comply with any requirement of this Chapter
shall constitute a violation of this Chapter. In addition to
any other remedies provided by law or set forth in this
Chapter, any violation of the provisions of this Chapter shall
be a misdemeanor punishable as set forth in Section 1.01.370
of this Code."
SECTION 9'. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the Code, hereby adopted, be declared for any reason
to be invalid, it is the intent of the Council that it would have
passed all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
SECTION 10. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of
any other ordinance of this City shall in any manner affect the
prosecution for violations of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as a
waiver of any license or penalty or the penal provisions applicable
to any violation thereof. The provisions of this ordinance,
insofar as they are substantially the same as ordinance provisions
previously adopted by the City relating to the same subject matter,
shall be construed as restatements and continuations, and not as
new enactments.
SECTION 11. PENALTY
It shall be unlawful for any person, firm or corporation
to violate any provision or to fail to comply with any of the
requirements of this ordinance. Any person, firm or corporation
violating any provision of this ordinance or failing to comply with
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any of its requirements shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine not exceeding
One Thousand Dollars ($1,000.00) or by imprisonment not exceeding
six (6) months, or by both such fine and imprisonment. Each such
person, firm or corporation shall be deemed guilty of a separate
offense for each day during any portion of which any violation of
any of the provisions of this ordinance is committed, continued or
permitted by such person, firm or corporation, and shall be
punishable therefor as provided for in this ordinance.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 9th day of July ,
1996.
MAYOR OF THE CITY OF .�YNAHEIM
ATTEST V
CITY CLERK OF THE 41WYOXF AANH
0015304.01
12
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Ordinance No. 5569 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 25th day of June, 1996, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 9th day of July, 1996, by the
following vote of the members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No.
5569 on the 9th day of July, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 9th day of July, 1996.
X� -n �2 S�-X -
CITY CLERK OF THE CITY OF ANA IM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Ordinance No. 5569 and was published once in the North County News on
the 18th day of July, 1996.
CITY CLERK OF THE CITY OF ANAHEIM