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5399I ORDINANCE NO. 5399 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING VARIOUS PROVISICTS OF TITLE 3, TITLE 4 AND TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SEX -ORIENTED BUSINESSES WHEREAS, the City Council of the City of Anaheim wishes to promote the City of Anaheim's great interest in protecting and preserving the quality of residential, commercial and industrial areas of the City, and quality of life through effective land use planning; and WHEREAS, prior to the adoption of this Ordinance, the City Council reviewed detailed studies prepared by other jurisdictions regarding the detrimental social and economic effects on persons and properties immediately surrounding established Sex -Oriented Businesses. These studies included those prepared by the cities of Austin, Texas; Taylor, Michigan; Detroit, Michigan; Indianapolis, Indiana; Garden Grove, California; Los Angeles, California; Phoenix, Arizona; and the Report of the Minnesota Attorney General's Working Group on the Regulation of Sexually Oriented Businesses (the "Studies"); and WHEREAS, the City Council of the City of Anaheim believes as true the aforesaid studies which show Sex -Oriented Businesses cause secondary impacts which degrade the areas of the City in which they are located, cause a blighting effect on the City, and increase crime in general, and sex related crimes in particular, in the vicinity of the Sex -Oriented Business; and WHEREAS, the City Council of the City of Anaheim believes the following statements are true, in part based upon its understanding of the experiences of cities such as Austin, Texas; Taylor, Michigan; Detroit, Michigan; Garden Grove, California; Indianapolis, Indiana; Los Angeles, California; and Phoenix, Arizona: A. Crime rates are higher in residential areas surrounding Sex -Oriented Businesses than in commercial or industrial areas surrounding Sex -Oriented Businesses; B. Crime rates in areas in which Sex -Oriented Businesses are closely situated to each other are higher than areas in which Sex -Oriented Businesses are separated from each other; C. Sex -Oriented Businesses should not be located in areas of the City which are in the vicinity of residential uses, religious institutions, parks and schools; I D. The image of the City of Anaheim as a pleasant and attractive place to reside and to conduct business will be adversely affected by the presence of Sex -Oriented Businesses in close proximity to residential uses, religious institutions, parks and schools; E. The existence of Sex -Oriented Businesses in close proximity to residential areas has been shown in some cities to reduce the property values in those residential areas; F. A reasonable regulation of the location of Sex -Oriented Businesses protects the image of the community and its property values and protects its residents from the adverse secondary effects of such Sex -Oriented Businesses, while providing persons who desire to patronize Sex -Oriented Businesses an opportunity to do so in appropriate areas within the City; G. Regulations for Sex -Oriented Businesses should be developed to prevent deterioration and/or degradation of the vitality of the community; H. Sex -Oriented Businesses should be regulated by developing zoning and other regulatory mechanisms which will separate such land uses from incompatible uses; and WHEREAS, while the City Council of the City of Anaheim desires to protect the rights conferred by the United States Constitution, it does so in a manner that ensures the continued and orderly development of property within the City and diminishes, to the greatest extent feasible, those undesirable secondary effects the aforementioned studies have shown as associated with the development and operation of Sex -Oriented Businesses; and WHEREAS, concern over sexually transmitted diseases, including AIDS, is a legitimate health concern of the City which demands reasonable regulations of Sex -Oriented Businesses in order to protect the health and well being of its citizens; and WHEREAS, the United States District Court for the Central District has invalidated the City's ordinance regulating adult entertainment businesses, holding that while the Constitution permits the City to protect its communities from the secondary effects associated with adult entertainment businesses, and may use zoning to accomplish this end, the City cannot regulate these types of businesses on the basis of the content of their speech, and that when a zoning ordinance requires the issuance of a license or a permit before the applicant can engage in an act of speech, the licensing authority must be guided by 2 I objective and definite standards, and further holding that the use of the City's conditional use permit process for adult entertainment businesses does not adequately limit the City's discretion and therefore violates the First Amendment to the United States Constitution (Dease v. City of Anaheim U.S.D.C. [Cent. Dist. Cal.], 93 Daily Journal D.A.R. 9032.); and WHEREAS, it is not the intent of the City 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 Sex -Oriented Businesses have on the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That 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: "CHAPTER 18.89 SEX -ORIENTED BUSINESSES 18.89.010 INTENT. The intent of this Section is to regulate businesses which, unless closely regulated, tend to have serious secondary effects on the community, which effects include, but are not limited to, the following: depreciation of property values and increase in vacancies in residential and commercial areas in the vicinity of Sex -Oriented Businesses; interference with residential property owners' enjoyment of their property when such property is located in the vicinity of Sex -Oriented Businesses as a result of increases in crime, litter, noise and vandalism; higher crime rates in the vicinity of Sex -Oriented Businesses; and blighting conditions such as low-level maintenance of commercial premises and parking lots, which thereby have a deleterious effect upon adjacent areas. Special regulation of these businesses is necessary to prevent these adverse effects and the blighting or degradation of the neighborhoods in the vicinity of the Sex -Oriented Businesses. It is neither the intent nor the effect of this Chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of this Chapter to restrict or deny access by adults to Sex -Oriented Materials or to deny access by the distributors or exhibitors of Sex -Oriented Businesses to their intended market. 3 I Nothing in this Chapter 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 or obscene or harmful matter or the exhibition or public display thereof. 18.89.020 DEFINITIONS. A. "License Collector" shall mean the License Collector of the City of Anaheim or his or her designee. B. "Owner" or "Permit holder" or Permittee": For purposes of this Chapter, "Owner", "Permit holder" or "Permittee" shall mean any of the following: (i) the sole proprietor of a Sex -Oriented Business; or (ii) any general partner of a partnership which owns and operates a Sex -Oriented Business; or (iii) the owner of a controlling interest in a corporation which owns and operates a Sex -Oriented Business; or (iv) the person designated by the officers of a corporation to be the Permit holder for a Sex -Oriented Business owned and operated by the corporation. C. "Specified Anatomical Parts": (i) Less than completely and opaquely covered human genitals; pubic hair; buttocks; natal cleft; 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 discernably turgid state, even if completely and opaquely covered. D. "Specified Sexual Activities": (i) Actual or simulated: sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, masturbation, direct physical stimulation of 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: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pediophilia, pedophilia, sapphism, urophilia, zooerastia, zoophilia; or 4 (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, natal cleft, anal region or female breast; or (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. E. "Sex -Oriented Bookstore": Any establishment, which as a regular and substantial portion of its business, displays and/or distributes Sex -Oriented Merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, films, or other visual representations which are distinguished or characterized by an emphasis on matter depicting, describing or relating to Specified Sexual Activity or Specified Anatomical Parts. See "Sex -Oriented Business" for definition of the term "regular and substantial portion of its business." F. "Sex -Oriented Business": Any business establishment or concern which as a regular and substantial course of conduct performs or operates as a Sex -Oriented Bookstore, Sex -Oriented Theater, Sex -Oriented Motion Picture Arcade, Sex -Oriented Cabaret, Sex -Oriented Motel/Hotel, or sells or distributes Sex -Oriented Merchandise or Sex - Oriented Material, or any other business or concern which as a regular and substantial portion of its business offers to its patrons products, merchandise, services or entertainment which are distinguished or characterized by an emphasis on matter depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Parts but not including those uses or activities, the regulation of 9 C7 which is preempted by state law. "Sex -Oriented Business" shall also include any establishment which as a regular and substantial course of conduct provides or allows performers, models, or employees to appear in any public place in lingerie. As used in this chapter, the terms "regular and substantial course of conduct" and "regular and substantial portion of its business" shall mean any Sex -Oriented Business where one or more of the following conditions exist: (i) The area(s) devoted to the display of Sex -Oriented Merchandise and/or Sex -Oriented Material exceeds fifteen (15) percent of the total display area of the business; or (ii) 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 in lingerie on any four or more separate days within any thirty day period; or (iii) At least fifty percent (50%) of the gross receipts of the business are derived from the sale, trade, display or presentation of services, products, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Parts. G. "Sex -Oriented Cabaret": A nightclub, bar, restaurant or similar establishment or concern which features any type of live entertainment characterized by its emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Parts. H. "Sex -Oriented Hotel/Motel": A hotel or motel, which (i) as a regular and substantial course of conduct provides to its patrons, through the provision of rooms equipped with closed-circuit television, video recorders or players or other medium, material which is distinguished or characterized by an emphasis on matter depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Parts; and/or (ii) 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 a 24-hour period. See "Sex -Oriented Business" for definition of the term "regular and substantial course of conduct." N. I. "Sex -Oriented Material:" Any Sex -Oriented Merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video tape recording, or other visual representation, characterized by an emphasis on matter depicting, describing, or relating to Specific Sexual Activities or Specified Anatomical Parts. J. "Sex -Oriented Merchandise:" Sex -oriented implements or paraphernalia, such as, but not limited to: dildos, auto sucks, sex -oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and/or battery operated vaginas, and similar sex -oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado- masochistic activity. K. "Sex -Oriented Motion Picture Arcade:" Any business establishment or concern containing any manually operated, coin or slug operated, or electrically or electronically operated or controlled, still or motion picture or video tape machines, projectors, players or other image producing devices that are maintained to display images to five or fewer persons per machine or per viewing room at any one time when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Parts. L. "Sex -Oriented Motion Picture Theater:" A business establishment or concern which projects and presents motion pictures, video tape recordings, slide photographs, or other motion or still pictures which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Parts. M. "Sex -Oriented Theater:" A theater, concert hall, auditorium, or similar establishment which features live performances which are characterized by an emphasis on matter depicting, describing or relating to Specified Anatomical Parts or by Specified Sexual Activities. iFA A 18.89.025 STATEMENTS AND RECORDS .010 Person(s) required to obtain a business license pursuant to the provisions of Chapter 3.04 of this Code for any business establishment which provides products, merchandise, services or entertainment which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Parts, as defined in Section 18.89.020 of this Code, shall maintain complete records which can be segregated with regard to all transactions involving such products, merchandise, services or entertainment which are sufficient to establish the percentage of gross receipts of the business which is derived from such transactions. The term "gross receipts" shall have the meaning set forth in subsection 3.04.010.070 of this Code. Such records shall be maintained for a period of at least three (3) years. .020 No person required to keep records under this section shall refuse to allow authorized representatives of the License Collector to examine said records at reasonable times and places. .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, or (ii) for which the Owner has an application pending for, or has obtained, a Sex -Oriented Business Permit. 18.89.030 SEX -ORIENTED BUSINESS PERMIT. .010 Permit Required. It shall be unlawful for any person or entity to operate, engage in, conduct or carry on any Sex -Oriented Business within the City of Anaheim unless the Owner of said business first obtains, and continues to maintain in full force and effect, both a Sex -Oriented Business Permit and a business license from the City of Anaheim for such business. .020 Persons Eligible. The Owner of the proposed Sex -Oriented Business, as defined in Section 18.89.020, shall be the only person eligible to obtain a Sex -Oriented Business Permit. 8 C] .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 (i) the Owner of the proposed Sex -Oriented Business, and (ii) either the record owner of the property (or the authorized agent of the record owner) or, if the business premises are subleased to the applicant business, the sublessor of the premises, 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. .0303 A letter of justification, 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 other information required by the License Collector pursuant to the Sex -Oriented Business Permit Information Sheet. .040 Approval or Denial of Permit. The License Collector shall, within 20 City business days of the filing of a complete permit application, approve and issue the Sex -Oriented Business Permit if the requirements of this Chapter have been met; otherwise the Permit shall be denied. Notice of the approval or denial of the Permit shall be given to the Owner in writing by first class mail, postage prepaid, deposited in the course of transmission with the United States Postal Service within three (3) City business days of the date of such decision. The times set forth in this subsection shall not be extended except upon the written consent of the applicant. The decision of the License Collector shall be final. W I .050 Standards for Approval of Permit. The License Collector shall approve and issue a Sex -Oriented Business Permit if the application and evidence submitted show that: .0501 The Sex -Oriented Business is proposed to be located in a zone permitting the proposed use, provided the premises are located outside the boundaries of any redevelopment area established by ordinance, and, in the case of the proposed Brookhurst Commercial Corridor Redevelopment Plan and the proposed Commercial/Industrial Redevelopment Plan, provided the premises are located outside the boundaries of the project area for each such proposed redevelopment plan selected by the Planning Commission pursuant to Health & Safety Code Section 33322 until, as to each such proposed Plan, the earlier of (i) two years following the effective date of this ordinance or (ii) the date final boundaries for such project area(s) are established by ordinance. .0502 The Sex -Oriented Business is not proposed to 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 is not proposed to 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. .0504 The Sex -Oriented Business is not proposed to be located within that certain area bounded by the Santa Ana (Interstate Route 5) Freeway on the west and south, the Santa Ana River on the east and south, and the Southern California Edison Company easement, generally located north of Katella Avenue and south of Cerritos Avenue, on the north. .0505 The Sex -Oriented Business is not proposed to be located within one thousand (1,000) feet of another Sex -Oriented Business not located within the same premises and under the same ownership and control, whether such other business is within or outside the corporate boundaries of the City of Anaheim. 10 I .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 will not be located, in whole or in part, within any portable structure. .0508 The Sex -Oriented Business will 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. .0509 The Sex -Oriented Business will not conduct any massage, acupuncture, figure modeling, tattooing, acupressure or escort services and will 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 11 I 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 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 (i) such signs shall be limited to the business name and the street address and (ii) the notice required by subsection 18.89.040.010 on the entrance door to the premises. 12 A .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. .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 .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. 13 Y .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 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. 14 .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. .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 15 I all times that any patron is present on the premises. .0520 The following additional regulations shall pertain to Sex -Oriented Businesses providing live entertainment depicting Specified Anatomical Parts or involving Specified Sexual Activities: .01 No person shall perform live entertainment for patrons of a Sex -Oriented Business except upon a stage at least eighteen (18) inches 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. .06 No waiter, waitress, entertainer or other person employed on the premises shall violate the provisions of Section 7.16.060 of 16 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 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 revocation of the Sex -Oriented Business Permit issued pursuant to this Chapter. .0522 Submitting false or misleading information on the application shall constitute grounds for denial or revocation of the Sex -Oriented Business Permit. 18.89.040 MINORS AND INTOXICATED PERSONS. .010 Minors and Intoxicated Persons Excluded It shall be a misdemeanor for any person under the age of eighteen (18) years or any obviously intoxicated person to enter or remain on the premises of a Sex -Oriented Business at any time. A sign giving notice of this provision shall be prominently posted at each entrance to the premises of the Sex -Oriented Business. .020 Responsibility for Excluding Minors and Intoxicated Persons. It shall be a misdemeanor for any person having responsibility for the operation of a Sex -Oriented Business, to allow any person under the age of eighteen (18) years to enter or remain on the premises of the business, whether or not such person having responsibility for the operation of a Sex -Oriented Business has knowledge that the person is under the age of eighteen (18) years; or to allow any obviously intoxicated person to enter or remain on the premises of the business. For the purposes of this section, the holder of a Sex -Oriented Business Permit, when present on the premises, 17 and the manager or other person(s) in charge of the premises, are persons having responsibility for the operation of the business. 18.89.050 PERMIT DURATION. A Sex -Oriented Business Permit shall be valid for a period of one year from the date of permit approval. 18.89.060 PERMIT RENEWAL. A Sex -Oriented Business Permit shall be renewed on a year-to-year basis, provided that the permittee continues to meet the requirements that the Sex -Oriented Business is operated in compliance with all applicable provisions of this Chapter, subject to the provisions of subsection 18.89.090. A request for Permit renewal must be accompanied by a Sex -Oriented Business Permit application, completed in full detail with current information, and payment of the renewal processing fee in the amount set by ordinance or resolution of the City Council. If the application conforms to the previously approved application and the Sex -Oriented Business has not changed, the permit shall be renewed by the License Collector for another year. Notice of such renewal, or denial, shall be given, in writing, to the permittee within twenty (20) City business days following the date of receipt of the completed renewal application. Any change or alteration in the location, nature or operation of the Sex - Oriented Business will require a new application to be processed in the same manner as the original application. 18.89.070 PERMITS NON -TRANSFERABLE. No Sex -Oriented Business Permit shall be sold, transferred, or assigned by any Permit holder, or by operation of law, to any other person, group, partnership, corporation or any other entity, and any such sale, transfer or assignment, or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of such Permit, and such Permit shall be thereafter null and void. A Sex -Oriented Business Permit held by an individual in a corporation or partnership is subject to the same rules of transferability as contained above. Any change in the nature or composition of the Sex -Oriented Business from one type of Sex -Oriented Business use to another type of Sex - Oriented Business use shall also render the Permit null and void. A Sex -Oriented Business Permit shall be valid only for the exact location specified in the Permit. 18 A 18.89.080 ENFORCEMENT AND REVOCATION. .010 The Permit holder shall allow officers of the City of Anaheim and their authorized representatives to conduct 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. .020 The License Collector shall revoke a Sex -Oriented Business Permit when: .0201 Any of the applicable requirements contained in Section 18.89.030 ceases to be satisfied; .0202 The application is discovered to contain incorrect, false or misleading information; .0203 The permit holder is convicted of a felony or misdemeanor occurring upon, or relating to the premises or lot upon which the Sex -Oriented Business is located which offense is classified by the State as an offense involving sexual crime against children, sexual abuse, rape, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to the violation of any crime requiring registration under California Penal Code Section 290, or any violation of Penal Code Sections 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316 or 647; .0204 If, on two or more occasions within a twelve (12) month period, a person or persons has (have) been convicted of a felony or misdemeanor for an offense set forth in subsection .0203 above as a result of such person's activity on the premises or property on which the Sex -Oriented Business is located, and the person or persons were employees, contractors or agents of the Sex -Oriented Business at the time the offenses were committed; .0205 If the permit holder or an employee has knowingly allowed prostitution, or solicitation for prostitution, on the premises; or .0206 The Sex -Oriented Business has been operated in violation of any of the requirements of this Chapter and, (i) if the violation is of a continuous nature, the Business continues to be operated in violation of such provision for more than ten (10) days following the date written notice of such 19 I violation is mailed or delivered to the Owner, or (ii) if the violation is of a noncontinuous nature, two (2) or more additional violations of the same provision, or four (4) or more violations of any other of the provisions, of this Chapter occur (regardless of whether notice of each individual violation is given to Owner) within any twelve (12) month period. .030 Upon determining that grounds for permit revocation exist, the License Collector shall furnish written notice of the proposed revocation to the permit holder. Such notice shall summarize the principal reasons for the proposed revocation; shall state that the permit holder may request a hearing within fifteen (15) calendar days of the postmarked date on the notice; and shall be delivered both by posting the notice at the location of the Sex -Oriented Business and by sending the notice by certified mail, postage prepaid, addressed to the Permit holder as that name and address appear on the Permit. Within fifteen (15) calendar days after the later of the mailing or posting of the notice, the Permit holder may file a request for hearing with the License Collector. If the request for a hearing is filed within fifteen (15) calendar days of the mailing or posting of the notice referred to herein, the License Collector shall transmit the request to the City Manager, and the hearing shall be provided as set forth in Subsection 18.89.080.040 of this Chapter. .040 Upon receipt of a written request for a hearing, the City Manager or his or her designee shall appoint a hearing officer ("Hearing Officer") to conduct a hearing. The Hearing Officer shall conduct a hearing within forty- five (45) calendar days of the filing of such request by the permit holder. Notice of time and place of the hearing shall be given to the permit holder by personal service or via certified mail, postage prepaid, at least fifteen (15) calendar days in advance of the date set for the public hearing. At the hearing, the permit holder and the City shall be entitled to present relevant evidence, testify under oath and call witnesses who shall testify under oath. The Hearing Officer shall not be bound by the statutory rules of evidence in the hearing, except that hearsay evidence may not be the sole basis for the determination of the Hearing Officer. .050 Within ten (10) calendar days after the hearing, the Hearing Officer shall decide whether the grounds for revocation exist and shall submit a written report to the License Collector. Such written report shall contain a brief summary of the evidence considered and shall state findings, conclusions and directives to the License Collector regarding whether the Permit is to be revoked. 20 I All such reports shall be filed with the City Clerk and shall be public records. A copy of such report shall be forwarded by certified mail, postage prepaid, to the permit holder on the day it is filed with the City Clerk. If the Hearing Officer determines that any grounds for revocation exist, as provided in Subsection 18.89.080.020 of this Chapter, the License Collector, based upon the report of the Hearing Officer or, if no hearing was requested by the permit holder, based upon the report of the City staff, shall immediately revoke the Sex -Oriented Business Permit. The decision of the Hearing Officer shall be appealable to the Planning Commission by the filing of a written appeal with the City Clerk within fifteen (15) calendar days following the date of mailing of such decision. A timely filed appeal shall vacate the decision of the Hearing Officer. Any such appeal shall be a de novo public hearing held in the manner and within the time limitations set forth in subsections .030 through .050 of this Section. The decision of the Planning Commission upon appeal, or the decision of the License Collector in the absence of a timely appeal, shall be final and conclusive. .060 No application for a Sex -Oriented Business Permit shall be accepted or processed for any person, corporation, partnership or member thereof, or any other entity for which a Sex -Oriented Business Permit has been revoked within the preceding three (3) year period. 18.89.090 EXISTING NONCONFORMING USES. .010 Any Sex -Oriented Business lawfully existing on July 20, 1993 which becomes a nonconforming use by reason of the adoption of this Chapter shall cease operation, or otherwise be brought into full compliance with the provisions of this Chapter, not later than either (i) November 1, 1995, or (ii) six months following the date of written notice as provided in subsection .020 below, whichever is later (the "amortization period"), unless sooner terminated for any reason or voluntarily discontinued for a period of sixty (60) consecutive calendar days or more, or unless an additional extension of said amortization period is granted upon application therefor filed pursuant to subsection .030 of this Section 18.89.090. No nonconforming use shall be increased, enlarged, extended or altered except that the use, or any portion thereof, may be changed to a conforming use. If two (2) or more Sex - Oriented Businesses are located within one thousand (1,000) feet of each other on the effective date of this Chapter, the Sex -Oriented Business first established and continuously and lawfully operating at such location shall be deemed the use conforming to the locational requirement of Section 18.89.030.050.0504 and the later established use(s) shall be 21 a deemed nonconforming to said locational requirement for purposes of this Section 18.89.090. .020 Any Sex -Oriented Business which becomes a nonconforming use by reason of the adoption of this Chapter shall be notified in writing of its nonconforming status by the License Collector of the City of Anaheim by certified mail or personal service. Such notice shall be given within six (6) months following the effective date of this Chapter or, upon any later discovery by the City of the existence of a nonconforming Sex -Oriented Business, within a reasonable time thereafter. Such notice shall be given to the property owner of record upon which such business is located, the Owner of the business, and the holder of the business license for such business (to the extent such parties are different and are identifiable and accessible). Such notice shall also identify the applicable amortization period as provided in subsection .010 above, and include a copy of this Section 18.89.090 describing the process for requesting an extension of such amortization period. Failure of any person to actually receive such notice shall not effect the validity of any proceedings pursuant to this Section 18.89.090. .030 Any application for an extension of the amortization period set forth in subsection .010 above must be filed by either the owner of the property upon which the business is located, the Owner of the business, or the holder of the business license for the business, not later than either (i) May 1, 1995, or (ii) within sixty calendar days following the date of receipt of the notice from the License Collector specified in subsection .020 above, whichever date is later. Such application shall be made in writing to the License Collector, shall include all of the information required by subsection .040 below, and shall be accompanied by the required application fee as established by ordinance or resolution of the City Council. The amortization period specified in subsection .010 above shall be final and conclusive for all purposes in the absence of a timely filed extension application pursuant to this subsection .030. .040 Not later than thirty (30) calendar days after submittal of an application to extend the amortization period, the License Collector shall notify the applicant, in writing, if the application is not complete and specify the reasons therefor. A complete application shall include: (i) a written request for an extension of the amortization period which specifies the additional length of time requested for amortization of the existing use and the justification therefor, including but not necessarily limited to information relevant to the criteria for such 22 I extension as listed in subsection .060 below, (ii) the signature of the applicant 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, and (iii) the required application fee. If the application is not complete, the License Collector shall specify in writing those portions which are incomplete and shall identify the manner by which it can be made complete. If a written determination is not provided to the applicant within thirty (30) calendar days after it is submitted, the application shall be deemed complete. Upon receipt of notice that the application is incomplete, the applicant shall have thirty (30) calendar days to submit a revised application or the required additional information. If the applicant fails to submit a revised application or the additional information required by the notice of insufficiency prior to the expiration of said thirty (30) day period, the application shall be deemed withdrawn and the amortization period specified in subsection .010 above shall be final and conclusive for all purposes. If the applicant submits a revised application or the additional required information to the License Collector within said time period, the License Collector shall again review the sufficiency of said application within the time and manner set forth in this subsection .040. .050 Within thirty (30) calendar days following the receipt of a completed application, the License Collector shall notify the City Manager and transmit the application and file to the City Manager, who shall appoint a hearing officer ("Hearing Officer") within seven (7) calendar days of such notice and transmittal. The Hearing Officer shall within twenty (20) calendar days thereafter conduct a hearing upon such application. Notice of such hearing shall be given in writing to the owner of the property upon which the business is located, the Owner of the business, the holder of the business license for the business, and the License Collector. Such notice shall be given by first class mail, postage prepaid, and shall be deposited in the course of transmission with the United States Postal Service not less than ten (10) calendar days prior to the date of the hearing. Such notice shall specify the date, time, place and subject matter of the hearing. .060 At the hearing, the Hearing Officer shall receive the evidence and testimony regarding the criteria set forth in this subsection and shall determine whether the business has been provided a reasonable amortization period commensurate with the investment involved. If the Hearing Officer determines that the amortization period specified in subsection .010 above is not reasonable, the Hearing Officer shall prescribe a reasonable amortization period 23 I commensurate with the investment in the business. The criteria to be used by the Hearing Officer in making such determination shall be as follows: .0601 The Owner's financial investment in the business prior to the date of notice pursuant to subsection .020 above. .0602 The present actual and depreciated value of the business improvements. .0603 The applicable Internal Revenue Service depreciation schedules for such improvements. .0604 The remaining useful life of the business improvements. .0605 The extent to which the business fails to comply with all applicable requirements of Chapter 18.89. .0606 The extent, if any, to which the business has been brought into compliance with any of the applicable requirements of Chapter 18.89 since the date of adoption of this Chapter and with which such business previously failed to conform, including the cost incurred for any such improvements. .0607 The remaining term of any lease or rental agreement under which the business is operating. .0608 The date upon which the Owner first received notice of the nonconforming status of the business pursuant to subsection .020 above. .0609 Whether the business can be brought into conformance with all applicable requirements of Chapter 18.89 without requiring to be relocated, and the cost of complying with such requirements. .0610 Whether the business must be discontinued at the present location in order to comply with the requirements of Chapter 18.89 and, if such relocation is required: (i) the availability of relocation sites, and (ii) the cost of such relocation. .0611 The ability of the Owner to change the business to a conforming use. .070 Within fifteen (15) calendar days following the date of the hearing (or any extension of such hearing as approved by the applicant), the Hearing Officer shall mail 24 by first class mail, postage prepaid, a written copy of his or her decision regarding such application to the owner of the property upon which the business is located, the Owner of the business, the holder of the business license, and to any other person who has theretofore made written request to the Hearing Officer for notice of such decision. Said decision shall include written findings in support of his or her determination to grant or deny an extension of the amortization period. Approval of any extension of the amortization period specified in subsection .010 may be conditioned upon phased compliance with certain requirements of this Chapter 18.89 by various dates. Failure to comply with any such conditions or requirements of the extension within the time limit(s) specified in the extension decision shall be deemed an automatic expiration of the amortization period without further notice, hearings or orders; provided, however, in no event shall such amortization period expire prior to the date set forth in subsection .010 above. The decision of the Hearing Officer shall be based upon the evidence presented at the hearing. .080 The decision of the Hearing Officer may be appealed to the Planning Commission by any person by the filing of a written notice of appeal with the Planning Commission Support Supervisor not later than ten (10) calendar days following the date of mailing of such decision by the Hearing Officer. In the absence of a timely filed appeal, the decision of the Hearing Officer shall be deemed final and conclusive. .090 Upon the receipt of a timely filed appeal, the decision of the Hearing Officer shall be deemed vacated and the Planning Commission Support Supervisor shall notify the Hearing Officer who shall immediately transmit the file of such proceedings to the Planning Commission Support Supervisor. The Planning Commission Support Supervisor shall schedule a hearing which shall be held by the Planning Commission not later than thirty (30) calendar days following the date of filing of the appeal. Such hearing shall be a de novo hearing and shall be conducted in the same manner and within the same time limits as set forth in subsections .050 through .080 above, except that the Planning Commission shall substitute for the Hearing Officer. The decision of the Planning Commission upon any such appeal shall be final and conclusive. .100 No Sex -Oriented Business which was rendered nonconforming by the adoption of this Chapter 18.89 shall continue to be operated in the City of Anaheim without complying with all of the provisions of this Chapter otherwise applicable to such Sex -Oriented Business following expiration of the amortization period set forth in 25 A subsection .010 above or any extension thereof specifically approved for such Sex -Oriented Business pursuant to this Section 18.89.090. .110 A Sex -Oriented Business lawfully operating as a conforming use is not rendered a non -conforming use solely by reason of the subsequent establishment of a religious institution, public or private elementary, secondary, middle, junior high or high school, or park within one thousand (1,000) feet, or a residential zone or a residential use within four hundred (400) feet, of the Sex - Oriented Business. This provision applies only to the renewal of a valid permit and/or license and does not apply when an application for a permit and/or license is submitted after a prior permit and/or license has expired or has been revoked. 18.89.100 VIOLATIONS - MISDEMEANOR. 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 2. That the second paragraph of Section 3.04.250 of Chapter 3.04 of Title 3 of the Anaheim Municipal Code be, and the same is hereby amended to read as follows: "All persons subject to the provisions of this title shall keep complete records of business transactions, including sales, receipts, purchases, and other expenditures, and shall retain all such records for examination by the Collector. Such records shall be maintained for a period of at least three (3) years. No person required to keep records under this section shall refuse to allow authorized representatives of the Collector to examine said records at reasonable times and places. In the event such records cannot be made available within the City of Anaheim or within a distance fifty (50) miles therefrom, the operator of the business is hereby required to reimburse the City for the cost of all transportation, lodging, meals, portal-to-portal travel time and other incidental costs reasonably incurred by City in performing said audit. Businesses which provide products, merchandise, services or entertainment characterized by an emphasis on matter depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Parts ("adult" products, merchandise, services or entertainment) are directed to, and shall comply with, 26 the provisions of Section 18.89.025 of this Code to the extent applicable." SECTION 3. That subsection A of Section 4.18.030 of Chapter 4.18 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "A. It shall be unlawful for any person to hold or conduct or operate, within the City of Anaheim, amusement and entertainment premises subject to the provisions of this chapter and not expressly exempt hereunder without having a valid permit issued pursuant to the provisions of this chapter, except that amusement and entertainment premises subject to the provisions of Chapter 18.89 of this Code shall be required to obtain a Sex -Oriented Business Permit in lieu of the permit required by this chapter." SECTION 4. That Ordinances Nos. 5346 and 5347 adding subsection 18.03.030.037 of Section 18.03.030 and amending Paragraphs C, D, E, and F of Section 18.89.020 of Chapters 18.03 and 18.89, respectively, of Title 18 of the Anaheim Municipal Code relating to adult uses be, and they are hereby, repealed. SECTION 5. That Ordinance No. 5362 adding subsection 18.03.060.050 and amending Sections 18.03.080 and 18.03.083 of Chapter 18.03 of Title 18 of the Anaheim Municipal Code relating to expedited procedures for uses involving First Amendment Activities be, and the same is hereby, repealed. SECTION 6. That new Section 18.06.090 be, and the same is hereby, added to Chapter 18.06 of Title 18 of the Anaheim Municipal Code to read as follows: 1118.06.090 PARKING FOR SE% -ORIENTED BUSINESSES Parking Adjustments from any of the provisions of this Chapter relating to off-street parking requirements for Sex -Oriented Business uses, as defined in Chapter 18.89 of this Code, shall be determined by the City Engineer, upon a finding that the number of off-street parking spaces proposed for the use is sufficient to prevent the use from causing an increase in traffic congestion in the immediate vicinity and from adversely affecting traffic, parking 27 I and circulation for adjoining land uses, based upon information contained in a parking demand study prepared by an independent traffic engineer licensed by the State of California and selected by the City Traffic and Transportation Manager, or such other study as approved by the City Traffic and Transportation Manager and provided to the City by the developer at such developer's sole expense at the time of application for such use or adjustment. The City Engineer shall issue a decision approving or denying the variance within fifteen (15) calendar days of receipt of the completed parking demand study. The decision of the City Engineer shall be final." SECTION 7. That new subsection .070 be, and the same is hereby, added to Section 18.41.020 of Chapter 18.41 of Title 18 of the Anaheim Municipal Code to read as follows: 11.070 Sex -Oriented Businesses, except as provided in paragraphs .0501 through .0505 of subsection 18.89.030.050, and subject to the provisions of Chapter 18.89 of this Code." SECTION 8. That subsection .190 of Section 18.41.050 of Chapter 18.41 of Title 18 of the Anaheim Municipal Code be, and the same is hereby amended to read as follows: 11.190 Any business activity for which a permit is required pursuant to Chapter 4.29, 4.31 or 4.90 of this Code." SECTION 9. That subsection .150 of Section 18.42.020 of Chapter 18.42 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.150 Sex -Oriented Businesses, except as provided in paragraphs .0501 through .0505 of subsection 18.89.030.050, and subject to the provisions of Chapter 18.89 of this Code." SECTION 10. That subsection .130 of Section 18.42.050 of Chapter 18.42 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 28 a 11.130 Any business activity for which a permit is required pursuant to Chapter 4.29, 4.31 or 4.90 of this Code." SECTION 11. That subsection .355 of Section 18.44.020 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.355 Sex -Oriented Businesses, except as provided in paragraphs .0501 through .0505 of subsection 18.89.030.050, and subject to the provisions of Chapter 18.89 of this Code." SECTION 12. That subsection .040 of Section 18.44.050 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.040 Any business activity for which a permit is required pursuant to Chapter 4.29, 4.31 or 4.90 of this Code." SECTION 13. That subsection .040 of Section 18.45.050 of Chapter 18.45 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, deleted in its entirety. SECTION 14. That subsection .040 of Section 18.46.050 of Chapter 18.46 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, deleted in its entirety. SECTION 15. That subsection .275 be, and the same is hereby, added to Section 18.61.020 of Chapter 18.61 of Title 18 of the Anaheim Municipal Code to read as follows: 11.275 Sex -Oriented Businesses, except as provided in paragraphs .0501 through .0505 of subsection 18.89.030.050, and subject to the provisions of Chapter 18.89 of this Code." 29 I SECTION 16. That subsection .395 be, and the same is hereby, added to Section 18.63.020 of Chapter 18.63 of Title 18 of the Anaheim Municipal Code to read as follows: 11.395 Sex -Oriented Businesses, except as provided in paragraphs .0501 through .0505 of subsection 18.89.030.050, and subject to the provisions of Chapter 18.89 of this Code. SECTION 17. 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 18. 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 19. 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 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. 30 I THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 5th day Oct ber , 19 93 . MAYbR"'0P THE CfTY OF EIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 2938.5\SMANN\September 29, 1993 31 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. 5399 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 28th day of September, 1993, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 5th day of October, 1993, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickier, Simpson, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5399 on the 6th day of October, 1993. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 6th day of October, 1993. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SCHL, City Cierk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5399 and was published once in the Anaheim Bulletin on the 14th day of October, 1993. CITY CLERK OF THE CITY OF ANAHEIM