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5514ORDINANCE NO. 5514 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .050 OF SECTION 18.89.030 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 .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 in its entirety 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. 1 .0504 The Sex -Oriented Business shall not be located: .01 south of Crescent Avenue if located west of Gilbert Street; or south of La Palma 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 not be located, in whole or in part, within any portable structure. .0508 The Sex -Oriented Business shall not conduct or sponsor any special events, promotions, festivals, concerts or similar activities which would increase the demand for parking spaces beyond the approved number of spaces for the business. K .0509 The Sex -Oriented Business shall not conduct any massage, acupuncture, figure modeling, tattooing, acupressure or escort services and shall not allow such activities on the premises. .0510 Any Sex -Oriented Business which allows customers to remain on the premises while viewing any live, filmed or recorded entertainment, or while using or consuming the 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. If the occupancy limit of the premises is greater than fifty (50) persons, an additional security guard shall be on duty inside the premises. The security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of this Chapter, and notifying the Anaheim Police Department and Code Enforcement Department of any violations of law observed. 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 and shall be duly licensed as a security guard as required by applicable provisions of state and/or local law. 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 in accordance with standards promulgated by the Planning Director. .04 The premises within which the Sex - Oriented Business is located shall provide sufficient sound -absorbing insulation so that 3 i 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 Signage shall conform to the standards applicable to the zone except that such signs (i) shall be limited to 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, photographs, silhouettes, drawings or other pictorial representations, (iii) 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 (iv) 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. .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. .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. 4 .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. y Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this paragraph .0515 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 Except as otherwise required by law for Adult Motion Picture Theaters, and except as provided in (i) subparagraph .08 of paragraph .0519 with regard to Sex -Oriented Motion Picture Arcades, and (ii) subparagraph .08 of paragraph .0520 with regard to Sex - Oriented Businesses providing live entertainment, all areas of the Sex -Oriented Business accessible to patrons shall be illuminated at least to the extent of 20 foot-candle, minimumly maintained and evenly distributed at ground level. .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 5 I 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 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 dimen$ion 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 0 A 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. .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 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 depicting Specified Anatomical Parts or involving Specified Sexual Activities for patrons of a Sex -Oriented Business except upon a stage at least eighteen (18) inches 7 r above the level of the floor which is separated by a distance of at least six (6) feet from the nearest area occupied by patrons, and no patron shall be permitted within six (6) feet of the stage while the stage is occupied by an entertainer. .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 The Sex -Oriented Business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the Sex -Oriented Business shall provide a minimum three-foot wide walk aisle for.entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers. .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, natal cleft, perineum, anal region, buttocks 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 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. 8 I .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 twenty (20.0) foot candle as measured at the floor level. .0521 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 (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. .0522 Submitting false or misleading information on the application shall constitute grounds for denial or revocation of the Sex -Oriented Business Permit. SECTION 2. 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 3. 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 4. 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 any of its requirements shall be deemed guilty of 9 I 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 City Council of the City 1995. ORDINANCE is approved and adopted by the of Anaheim this l2t day o September, MAYOR OF THE CIT OF ANA M ATTE CITY CLERK OF THE CITY OF ANAHEIM 10 6 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. 5514 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 22nd day of August, 1995, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 12th day of September, 1995, by the following vote of the members thereof: AYES: MAYOR/COUNCIL: Tait, Lopez, Zemel, Feldhaus, Daly NOES: MAYOR/COUNCIL: None ABSENT: MAYOR/COUNCIL: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5514 on the 12th day of September, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 12th day of September, 1995. . k��' &��( - CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5514 and was published once in the North Orange County News on the 21st day of September, 1995 Y�� CITY CLERK OF THE CITY OF ANAHEIM