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6585ORDINANCE NO. 6 5 8 5 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.54.035 OF THE ANAHEIM MUNICIPAL CODE TO REQUIRE ANNUAL REVIEW OF SEX -ORIENTED BUSINESS EMPLOYEE IDENTIFICATION CARDS AND FINDING AND DETERMINING THAT THIS ORDINANCE IS EXEMPT FROM THE REQUIREMENTS TO PREPARE ADDITIONAL ENVIRONMENTAL DOCUMENTATION PER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, SECTION 15601(B)(3) BECAUSE IT WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT DEVELOPMENT APPLICATION NO.2024-00026 WHEREAS, pursuant to the City's police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City of Anaheim ("City Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City of Anaheim (the "City") and its residents; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA") and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for this ordinance; and WHEREAS, the City Council finds and determines that this ordinance is not subject to the requirements to prepare additional environmental documentation pursuant to CEQA Guidelines Section 15061(b)(3), the proposed amendments and adjustment fit within the general rule that CEQA only applies to projects that have the potential for causing a significant effect on the environment. The proposed amendment would require a change in the validity of the identification card from three years to one year. All other provisions contained in Chapter 18.54 will still be in place. Thus, the proposed amendment will not have a significant effect on the environment; therefore, the activity is not subject to CEQA; and WHEREAS, the City Council in its prior establishment of the prohibitions on sex -oriented businesses in the City of Anaheim declared this was necessary for the protection of the welfare of the people, as a result of the potential negative secondary effects of sex -oriented business, and does hereby reaffirm those findings and recitals contained in Ordinance Nos. 5399, 5568, 5569, 5646, 5656, and 5920 by this reference as if set forth in full; and WHEREAS, pursuant to Section 18.54.035 (Sex -Oriented Business Employee Identification Card) of Chapter 18.54 (Sex -Oriented Businesses) of Title 18 (Zoning) of the Anaheim Municipal Code (the "Code"), entertainers, performers and managers in any sex -oriented business within the City of Anaheim must possess a valid, unrevoked, sex -oriented business employee identification card issued pursuant to the provisions of the Code; and WHEREAS, the City Council, in adopting this ordinance, takes legislative notice of the existence and content of the detailed studies prepared by other jurisdictions regarding the social and economic secondary effects on persons and properties surrounding established adult use facilities; and WHEREAS, there is substantial evidence that an increase in crime tends to accompany, concentrate around, and be aggravated by sex -oriented businesses, including, but not limited to an increase in the crimes of narcotics distribution and use, prostitution, pandering, and violence against persons and property; and WHEREAS, the studies from other cities established by convincing evidence that sex - oriented businesses that are not regulated as to operating standards often have a deleterious effect on nearby businesses and residential areas, causing, among other adverse secondary effects, an increase in crime and a decrease in property values; and WHEREAS, there are high turnover rates from each of these businesses indicating that the three-year validity period of these identification cards frequently exceeds the time frame in which they are actively in use. Identification cards with a validity period of one year would provide more accurate time frames in which these Entertainers, Managers, or Acting Managers are actively working; therefore, allowing for more accurate records to be kept on the Police Department's end. With a yearly renewal in place, there will be regularity in which these people will have to be in touch with the Police Department. This in turn enhances police enforcement efforts in preventing and deterring any illegal activity that may be occurring at these Sex Oriented Businesses. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Subsection .070 (Duration of Identification Card) of Section 18.54.035 (Sex -Oriented Business Employee Identification Card) of Chapter 18.54 (Sex -Oriented Business) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .070 Duration of Identification Card. The sex -oriented business employee identification card shall remain valid for a period of one year, unless sooner terminated based upon a report from the Police Department that one or more of the findings in paragraphs .0601 through .0603 is true. 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, or of Chapter 18.54 of the Code, be declared for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or the remaining portions of Chapter 18.54; it being the intent of the Council that it would have passed all other portions of this ordinance, and all other portions of Chapter 18.54, independent of the elimination of any such portion as may be declared invalid. In the event a court of competent jurisdiction renders a decision facially invalidating the permit issuance process contained in this Chapter, any Sex -Oriented Business which operates in the City shall be deemed to be operating subject to the locational and operational requirements contained in Chapter 18.54, as the same may be amended from time to time. SECTION 3. SAVINGS CLAUSE This ordinance is declarative of existing law for reasons which include, without limitation, the existing provision establishing that the Hearing Officer's decision on a permit for a sex - oriented business is final, thereby expediting review (AMC 18.54.030.040.0403). Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof, including violations committed prior to the effective date hereof. 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. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. SECTION 5. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 16 day of July , 2024, and thereafter passed and adopted at a regular meeting of said City Council held on the 23 day of July , 2024, by the following roll call vote: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM r By: 2 AYOR OF CITY OF ANAHEIM ATTES ITY CLE OF THE CITY OF ANAHEIM 152170 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6585 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 16th day of July, 2024, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 23rd day of July. 2024, by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 24th of July, 2024. ITY C R� OF THE CITY OF ANAHEIM (SEAL) ANAHEIM BULLETIN."E-.1— See Proof on Next Page Anaheim Bulletin 1920 Main St. Suite 225 Irvine , California 92614 ('14,796-2209 200 S. Anaheim Blvd., Suite 217 Anaheim, California 92805 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA County of Orange County I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange County, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange County, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 08/0112024 I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California, on Date: Aug 1, 2024. r ORD -6585 (5190168) - Page 1 of 2 SUMMARY PUBLICATION CITYOFANAHEIM ORDINANCE NO. 6585 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.54.035 OF THE ANAHEIM MUNICIPAL CODE TO REQUIRE ANNUAL REVIEW OF SEX -ORIENTED BUSINESS EMPLOYEE IDENTIFICATION CARDS AND FINDING AND DETERMINING THAT THIS ORDINANCE IS EXEMPT FROM THE REQUIREMENTS TO PREPARE ADDITIONAL ENVIRONMENTAL DOCUMENTATION PER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, SECTION 15601(B)(3) BECAUSE IT WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT This ordinance amends Section 18.54.035.070 of Title 18 (Zoning) of the Anaheim Municipal Code to require annual renewal of Sex-Orlented Business Employee identification Cards. I, Theresa Bass, City Clerk of the City of Anaheim, do hereby certify that the foregoing is a summary of Ordinance No. 6585, which ordinance was Introduced at a regular meeting of the City Council of the City of Anaheim on the 16th day Of July, 2024 and was duly passed and adopted at a regular meeting of said Council on the 23rd day of July, 2024 by the following roll call vote of the members thereof: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSE NT: None ABSTAIN: None The above summary Is a brief description of the sublect matter contained In the text of Ordinance No. 6585 which has been Prepared pursuant to Section 512 of the Charter of the City of Anaheim. This summary does not Include or describe every provision of the ordinance and should not be celled on as a substitute for the full text of the ordinance. To obtain a copy of the full text of the ordinance, please contact the Office of the City Clerk, (714) 765-5166, between 8:00 AM and 5:00 PM, Monday through Friday. There Is no charge for the copy. 152803/LM Anaheim Bulletin Published: 8/1/24 ORD -6585 (5190168) - Page 2 of 2 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6585 and was published in the Anaheim Bulletin on the 1St day of August, 2024, pursuant to Section 512 of the City Charter of the City of Anaheim. Cl LERK OF THE CITY OF ANAHEIM (SEAL)