5646ORDINANCE NO. 5646
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
VARIOUS SECTIONS OF CHAPTER 18.89 OF TITLE 18
OF THE ANAHEIM MUNICIPAL CODE RELATING TO
SEX -ORIENTED BUSINESSES.
WHEREAS, the City Council of the City of Anaheim
incorporates herein those recitals contained in Ordinance Nos.
5399 and 5568 by this reference as if set forth in full; and
WHEREAS, City Attorney, Planning Department and Police
Department staff regularly review the provisions of Chapter 18.89
to determine if clarification or modification of its provisions
is appropriate in view of the City's experience in enforcing the
Chapter and have been processing this amendment to Chapter 18.89
since February, 1998; and
WHEREAS, the recent convictions of entertainers,
patrons, and managers in Sex -Oriented Businesses for violations
of Chapter 18.89 of the Anaheim Municipal Code ("Chapter 18.8911)
or state law or both, coupled with the observations of the Police
Department and Code Enforcement Division, confirm that such
businesses cause negative secondary impacts including but not
limited to increased prostitution and other illegal activity;
have raised issues relating to the identity and age of
entertainers; and have shown that it is difficult to verify the
identity of the manager or acting manager in a sex -oriented
business; and
WHEREAS, requiring an identification card for
performers in Sex -Oriented Businesses insures that performers
satisfy the basic legal requirements for working in such
businesses, thereby allowing the City to ensure that only duly
authorized adults work as performers in said establishments; and
WHEREAS, requiring an identification card and a badge
for managers and acting managers in Sex -Oriented Businesses
insures that the Sex -Oriented Business designate a person with
actual authority to ensure that the establishment operates within
the requirements of the Permit, and insures that the Managers and
Acting Managers satisfy the basic legal requirements for working
in such businesses; and
WHEREAS, the City takes note of the fact that such a
regulation requiring an identification card for employees of sex -
oriented businesses was upheld by the court in TK's Video, Inc.
v. Denton County (5th Cir. 1994) 24 F. 3d 705; and
WHEREAS, the City recognizes that a number of courts
have upheld distance limitations between performers and patrons,
prohibitions against physical contact between performers and
patrons, and direct payment and receipt of gratuities between
performers and patrons at sex -oriented business establishments
that provide live entertainment, including the following: BSA,
Inc. v. King County, 804 F.2d 1104, 1110-11 (9th Cir. 1986); Kev,
Inc. v. Kitsap County, 793 F.2d 1091 (9th Cir. 1986); DLS, Inc.,
v. City of Chatanooga, 894 F.Supp. 1140 (E.D. Tenn. 1995); Parker
v. Whitfield County, 463 S.E.2d 116 (Ga. 1995); and Hang On, Inc.
v. City of Arlington, 65 F.3d 1248 (5th Cir. 1996); and
WHEREAS, the City Council believes that prohibiting
physical contact between performers and patrons at a sex -oriented
business establishment, prohibiting performers from soliciting
payment of gratuities from patrons, and the direct payment of
gratuities to performers by patrons are a reasonable and
effective means of addressing the legitimate governmental
interests of preventing prostitution and the spread of sexually
transmitted diseases; and
WHEREAS, the City Council adopts this ordinance, as it
has other ordinances relating to Chapter 18.89, pursuant to its
power and authority as a Charter City and further as authorized
by Government Code Section 65850; and
WHEREAS, the City Council finds that the criminal
penalties imposed under Chapter 18.89 are not imposed on any
person for engaging in any sexual activity but rather on
licensees, their employees, agents, independent contractors,
and/or volunteers for violations of the licensing provisions,
just as any other licensed establishment is subject to
misdemeanor prosecution for violating the terms of its applicable
license or municipal code provisions regulating it.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
HEREBY ORDAINS AS FOLLOWS:
SECTION 1.
That paragraph .0402 of subsection 18.89.030.040 of
Section 18.89.030 or Chapter 18.89 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, amended to read as
follows:
" .0402 The hearing officer shall conduct a public
hearing upon said completed application. Notice of said
public hearing shall be given in the manner provided for
conditional use permits as set forth in Section 18.03.060 of
this Code except that said public hearing shall be held
within fifty (50) calendar days following the date said
application was deemed complete pursuant to paragraph .0401
above, unless the Owner, or the Owner's authorized
representative, expressly agrees to an extension of such
period of time. Notice of the time and place of the hearing
shall be given to the applicant at least fifteen (15)
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calendar days in advance of the date set for the public
hearing. Said public hearing shall be completed by the
hearing officer on the same date on which it is scheduled
and held unless continuance of said public hearing is
expressly approved by the Owner, or the Owner's authorized
representative, at or prior to the scheduled date of said
public hearing."
SECTION 2.
That new Section 18.89.035 be, and the same is hereby,
added to Chapter 18.89 of Title 18 of the Anaheim Municipal Code
to read as follows:
"18.89.035 SEX -ORIENTED BUSINESS EMPLOYEE IDENTIFICATION CARD
.010 Identification Card Required for Entertainers,
Managers and Acting Managers.
.0101 The terms "entertainer" and "performer" are used
interchangeably throughout Chapter 18.89 and refer
to persons who publicly perform Specified Sexual
Activities or publicly display Specified
Anatomical Parts in a Sex -Oriented Business (as
those terms are defined in Section 18.89.020),
whether such person is characterized as an
employee, independent contractor, volunteer or
otherwise.
0102 No person shall perform or provide any
entertainment in any Sex -Oriented Business within
the City of Anaheim, whether as an employee,
independent contractor, volunteer or otherwise,
which entertainment involves the display of any
Specified Anatomical Parts by such person or the
engagement in any Specified Sexual Activities by
such person unless such person has in his or her
immediate possession a valid, unrevoked, Sex -
Oriented Business Employee Identification Card
issued pursuant to the provisions of this Section.
The Identification Card required by this
subsection shall be deemed in the person's
immediate possession for purposes hereof only if
said Identification Card is either carried on the
person of the entertainer, or is located upon the
premises of the Sex -Oriented Business and is
capable of being immediately located and produced
by the entertainer, at any time said person is on
the premises of the Sex -Oriented Business and
during or following the performance of any
entertainment of such person involving the display
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of Specified Anatomical Parts or engagement in
Specified Sexual Activities.
0103 No person shall fulfill the capacity of Manager or
Acting Manager in any Sex -Oriented Business within
the City of Anaheim, whether as an employee,
independent contractor, volunteer or otherwise,
unless such person has in his or her immediate
possession a valid, unrevoked, Sex -Oriented
Business Employee Identification Card issued
pursuant to the provisions of this Section.
.020 Application for Identification Card. Before any
applicant may be issued a Sex -Oriented Business Employee
Identification Card, the applicant shall submit on a form to be
provided by the City Manager or his or her designee the following
information:
0201 The applicant's name and any other names
(including "stage" names or aliases, if any) used
by the applicant;
0202 Age, date, and place of birth;
0203 Height, weight, hair and eye color;
0204 Present residence address and telephone number;
0205 Present business address and telephone number;
0216 State driver's license or identification number or
other identification card bearing a photograph and
a birthdate issued by a government entity, or
other acceptable written proof of identity and
specifying that the individual is at least
eighteen (18) years of age.
0217 A photograph and a complete set of fingerprints
taken by the Anaheim Police Department.
.0218 Name and address of Sex -Oriented Business(es) in
the City of Anaheim where the applicant proposes
to provide services.
.030 Payment of Fee. Each applicant shall pay a
permit fee as established by Resolution of the City Council
to cover reasonable administrative costs of the licensing
application process.
.040 Applicants for an identification card shall
have a continuing duty to promptly supplement application
information required under this Section if said information
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changes in any way from what is stated in the application
within thirty (30) days from the date of such change by
supplementing the application on file with the City Manager
or his or her designee.
.050 Issuance of Temporary Identification Card.
The City Manager or his or her designee shall determine if
the application is complete within two business days after
the filing of an application. If the application is
complete, the City Manager or his or her designee shall
issue a Temporary Sex -Oriented Business Employee
Identification Card, which shall remain valid until the
application is processed and a final decision is made
pursuant to subsection .050. If the application is not
complete, the City Manager or his or her designee shall
notify the applicant, in writing, within two business days
following submittal of the application and list the
information necessary to complete the application.
.060 Processing of Application. The City Manager or
his or her designee shall refer the completed Sex -Oriented
Business Employee Identification Card application to the
Anaheim Police Department for an investigation to be made of
such information as is contained in the application. The
application process shall be completed within thirty (30)
days from the date the completed application is filed.
After the investigation, the City Manager or his or her
designee shall issue an Identification Card unless the
report from the police department finds that one or more of
the findings in paragraphs .0601 through .0603 is true.
0601 The applicant has knowingly made a false,
misleading, or fraudulent statement of a material
fact in the application for an Identification
Card, or in any report or record required to be
filed with the police department or other
department of the city;
0602 The applicant is under eighteen (18) years of age;
0603 The Sex -Oriented Business Employee Identification
Card is used, or proposed to be used, for
employment in a business prohibited by local or
state law, statute, rule or regulation, or
prohibited by a provision of this Chapter;
070 Duration of Identification Card. The Sex -
Oriented Business Employee Identification Card
shall remain valid for a period of three years
unless sooner terminated based upon a report from
the police department that one or more of the
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findings in paragraphs .0601 through .0603 is
true.
080 Renewal of Identification Card.
0801 An Identification Card granted pursuant to this
Section shall be subject to renewal by the City
Manager or his or her designee upon the written
application of the applicant and a finding by the
City Manager or his or her designee that the
applicant has not committed any act during the
existence of the previous Identification Card
period which would be grounds to deny the initial
permit application.
.0802 The renewal of the Identification Card shall be
subject to payment of a fee as set by a resolution
of the City Council."
SECTION 3.
That paragraph .0508 of subsection 18.89.030.050 of
Section 18.89.030 of Chapter 18.89 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, amended to read as
follows:
11.0508 At all times that the Sex -Oriented Business
is open to the public, there must be present and available
on the premises a person who is the on -duty Manager or on -
duty Acting Manager of the Business responsible for
operation of the Business who shall be so identified as the
on -duty Manager or on duty Acting Manager by a badge
bearing the word "MANAGER" in block capital letters not less
than 1/4" in height worn in a conspicuous and clearly
visible location on the chest, and who shall have on his or
her person a valid, unrevoked Sex -Oriented Business Employee
Identification Card issued pursuant to the provisions of
Section 18.89.035."
SECTION 4.
That paragraph .0517
Section 18.89.030 of Chapter 18
Municipal Code be, and the same
follows:
of subsection 18.89.030.050 of
.89 of Title 18 of the Anaheim
is hereby, amended to read as
".0517 The location, configuration, size and
appearance of the premises and the structure thereon, and
the floor plan layout of the interior of the structure,
including, if the Sex -Oriented Business provides live
entertainment, the seating arrangement therein, shall be as
shown on the site plan and floor plans approved in
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connection with approval of the Sex -Oriented Business
Permit. No modification of said site plan and/or floor
plans shall be made unless the Owner first obtains a
modification of the Sex -Oriented Business Permit in
accordance with the procedures for obtaining a Sex -Oriented
Business Permit set forth in this Section 18.89.030."
SECTION S.
That paragraph .0520 of subsection 18.89.030.050 of
Section 18.89.030 of Chapter 18.89 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, amended to read as
follows:
".0520 The following additional requirements
shall pertain to Sex -Oriented Businesses providing live
entertainment revealing or depicting Specified Anatomical
Parts or involving Specified Sexual Activities:
.01 No person shall perform, and no owner, operator, or
manager of a Sex -Oriented Business shall permit, live
entertainment revealing or depicting Specified Anatomical
Parts or engaging in Specified Sexual Activities for patrons
of a Sex -Oriented Business except where:
(a) performed upon a stage located at least
eighteen (18) inches above the level of the floor; and
(b) a distance of at least six (6) feet, measured
horizontally, is maintained between the nearest area
occupied by patrons and the portion of the stage
occupied by an entertainer, at all times during which
such entertainer is revealing or depicting Specified
Anatomical Parts or engaging in Specified Sexual
Activities.
(c) Notwithstanding any other provision of this
chapter, any Sex -Oriented Business lawfully in
existence and providing live entertainment revealing or
depicting Specified Anatomical Parts upon a stage prior
to July 20, 1993 (the "Legal Nonconforming Business"),
which stage and the patron seating area therefor have
been lawfully in existence, without material
modification thereto, since prior to October 5, 1993
(the "Preexisting Stage and Seating Area"), and which
Preexisting Stage and Seating Area, or any portion
thereof, must be reconstructed, reconfigured or
modified to conform to the requirements of this
subparagraph .01 (the "Required Remodeling"), and which
Required Remodeling necessarily results in the
reduction of usable patron seating area and the number
of seats having a view of the stage, may reconfigure
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the usable patron seating area by the addition thereto
of a replacement area and replacement number of patron
seats not greater than the size of the area and number
of patron seats lost as a result of the Required
Remodeling. Nothing contained herein shall authorize
an increase in the total available square footage of
patron seating area or an increase in the total
available number of patron seats having a view of the
stage above the respective amounts which lawfully
existed prior to the Required Remodeling.
.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 No patron, guest or invitee shall directly pay or
give any gratuity to any entertainer who engages in any
Specified Sexual Activities or displays any Specified
Anatomical Parts in a Sex -Oriented Business and no such
entertainer shall directly accept any pay or gratuity
from any patron, guest or invitee of the Sex -Oriented
Business.
.05 No entertainer shall have physical contact with
any patron, and no patron shall have physical contact
with any entertainer, while on the premises which
physical contact involves the touching of the clothed
or unclothed genitals, pubic area, buttocks, cleft of
the buttocks, perineum, anal region, or female breast
with any part or area of such other person's body
either before, during or after performances by such
entertainer.
.06 No waiter, waitress, entertainer or other person
employed on the premises as an employee or as an
independent contractor shall violate the provisions of
Section 7.16.060 of the Anaheim Municipal Code while on
the premises.
.07 Fixed rail(s) at least thirty (30) inches in
height shall be maintained establishing the separations
between entertainers and patrons required by this
paragraph .0520.
.08 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
0
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.
.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 view area specified in
subsection .08 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
subsection 18.89.030.030.
.10 No entertainer shall be permitted to perform
unless the entertainer has in his or her possession on
the premises a valid Sex -Oriented Business Employee
Identification Card as required by Section 18.89.035.
.11 The Owner shall keep on the premises available for
inspection a copy of each entertainer's, and of each
Manager and/or Acting Manager's Sex -Oriented Business
Employee Identification Card."
SECTION 6.
That Section 18.89.060 of Chapter 18.89 of Title 18 of
the Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
"18.89.060. PERMIT RENEWAL; CHANGE OR ALTERATION OF BUSINESS
.010 Permit Renewal. A Sex -Oriented Business Permit
shall be renewed on a year-to-year basis. 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. Notice of such renewal, or notice of proposed
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.
.0101 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, 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.
.0102 If the License Collector has received
evidence that the requirements for permit renewal as
set forth in this Section are not met, the License
Collector shall furnish written notice of the proposed
denial of the permit to the permit holder. Such notice
shall summarize the principal reasons for the proposed
denial; 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 18.89.070.030 of this Chapter.
.0103 Upon receipt of a written request for a
hearing, the City Manager or his or her designee shall
appoint a hearing officer to conduct a hearing. The
hearing officer shall conduct a public hearing upon the
proposed denial of the Sex -Oriented Business Permit
renewal. Notice of said public hearing shall be given
in the manner provided for conditional use permits as
set forth in Section 18.03.060 of this Code except that
said public hearing shall be held within forty-five
(45) calendar days following the filing of such request
by the permit holder unless the Owner, or the Owner's
authorized representative, expressly agrees to an
extension of such period of time. 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
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may not be the sole basis for the determination of the
hearing officer.
.0104 within ten (10) calendar days following the
completion of the public hearing specified in paragraph
.0103 above, the hearing officer shall approve the
application for renewal of the Permit if it is
determined that the requirements of paragraph .0101
above have been met; otherwise the application shall be
denied. The hearing officer shall impose conditions
upon such approval as are reasonably necessary to
assure compliance with the requirements of this
chapter. In the event of denial of the application,
the hearing officer shall specify in writing the
grounds upon which the application is denied. Notice
of the decision of the hearing officer shall be given
in writing to the permit holder by certified mail,
postage prepaid, and to any other person or entity
expressly requesting notice thereof. The decision of
the hearing officer shall also be immediately
transmitted to the License Collector. The decision of
the hearing officer shall be deemed final
notwithstanding any other provision of this Code to the
contrary.
.0105 Immediately upon receipt of a decision by the
hearing officer approving or conditionally approving
such application, the License Collector shall issue the
Sex -Oriented Business Permit to the Owner. Such Permit
shall be deemed subject to any conditions of approval
imposed by the hearing officer. If the hearing
officer denies the application for renewal, no further
action by the License Collector shall be required.
.020 No Change or Alteration. 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."
SECTION 8.
That Section 18.89.070 of Chapter 18.89 of Title 18 of
the Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
"18.89.070. UNAUTHORIZED TRANSFER OF PERMIT PROHIBITED
.010 No Sex -Oriented Business Permit shall be
sold, transferred, or assigned by any Permit Holder, or by
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operation of law, to any other person, group, partnership,
corporation or any other entity without compliance with the
provisions of subsection 18.89.070.020, 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.
.020 The License Collector or his or her designee shall
issue an amendment to the Permit substituting the transferee
if the following requirements are met:
0201 The Permit holder submits a request to the License
Collector requesting the transfer.
0202 The transferee has completed and properly filed an
application for a Sex -Oriented Business Permit on
the form provided by the City with the License
Collector or his/her designee, setting forth the
information called for under Section 18.89.030 of
this Code.
0203 The Sex -Oriented Business is not in violation of
the provisions of Chapter 18.89 of the Anaheim
Municipal Code.
0204 The transferee pays a transfer fee in the amount
set by Resolution of the City Council.
0205 The Permit holder has not been notified by the
City that revocation proceedings have been or will
be brought against the Permit holder."
.030 If the decision of the License Collector is that
the transfer does not meet the requirements of subsection
.020, the License Collector shall furnish written notice of
the decision within ten (10) business days of the submittal
of the completed application for a transfer, summarizing the
reasons for the denial of the transfer. The Permit holder
may file a request for a hearing with the License Collector,
utilizing the procedures and time limitations for a permit
revocation set forth in Section 18.89.080.
.040 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
render the Permit null and void.
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.050 A Sex -Oriented Business Permit shall be valid only
for the exact location specified in the Permit.
.060 The transfer of a permit for a Sex -Oriented
Business Permit shall not impact or impair in any way the
City's right to revoke or terminate the Sex -Oriented
Business Permit for any reason permitted by this Chapter
18.89, including grounds which existed prior to the transfer
of the Permit.
SECTION 9.
That subsections .020 through .050 Section 18.89.080 of
Chapter 18.89 of Title 18 of the Anaheim Municipal Code be, and
the same is hereby, amended to read as follows:
.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, or for violation of
paragraph .0520, subparagraphs .01, .04, OS and/or .06
of subsection 18.89.030.050, 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;
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.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 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 to conduct a hearing. The hearing officer
shall conduct a public hearing upon the proposed revocation
of the Sex -Oriented Business Permit within forty-five (45)
calendar days of the filing of such request by the permit
holder. Notice of said public hearing shall be given in the
manner provided for conditional use permits as set forth in
Section 18.03.060 of this Code except that said public
hearing shall be held within forty-five (45) calendar days
following the filing of such request by the permit holder
unless the Owner, or the Owner's authorized representative,
expressly agrees to an extension of such period of time. At
the hearing, the permit holder and the City shall be
14
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. If grounds for revocation exist, the
hearing officer shall revoke the permit, specifying in
writing the grounds upon which the Permit is revoked.
Notice of the decision of the hearing officer shall be given
in writing to the permit holder by certified mail, postage
prepaid, and to any other person or entity expressly
requesting notice thereof. The decision of the hearing
officer shall also be immediately transmitted to the License
Collector. The decision of the hearing officer shall be
deemed final notwithstanding any other provision of this
Code to the contrary.
SECTION 10.
That Section 18.89.100 of Chapter 18.89 of Title 18 of
the Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
"18.89.100. VIOLATIONS - MISDEMEANOR.
Failure to comply with any requirement of this Chapter shall
constitute a violation of this Chapter. In addition to any other
remedies provided by law or set forth in this Chapter, any
violation of this Chapter by licensees and/or their agents and
employees, independent contractors and/or volunteers shall be a
misdemeanor punishable as set forth in Section 1.01.370 of this
Code.
SECTION 11. APPLICABILITY
To the extent that any provision(s) of Section 2 and Section
3 of this ordinance contain(s) restrictions or limitations on
development or operation of Sex -Oriented Businesses ("new
regulations") which are greater than the provision(s) which
existed immediately prior to the time this ordinance became
effective ("prior regulations"), said prior regulations shall
continue to apply (and said new regulations shall not apply) for
a period of sixty (60) days following the effective date of this
ordinance to any Sex -Oriented Businesses which has obtained and
maintained a valid Sex -Oriented Business Permit prior to the
effective date of this ordinance.
is
SECTION 12. 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 13. 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 14. 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.
W.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 1st day of September
1998. ).
MA OR OF THE C OF AN IM
ATTEST:
CITY CLERK OF THE Cl2Y OF ANAHEIM
0026816.09
17
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby certify that the foregoing
Ordinance No. 5646 was introduced at a regular meeting of the City Council of the City of Anaheim, held
on the 18th day of August, 1998, and that the same was duly passed and adopted at a regular meeting of
said City Council held on the 1 st day of September, 1998, by the following vote of the members thereof:
AYES:
MAYOR/COUNCIL MEMBERS:
McCracken, Tait, Zemel, Lopez, Daly
NOES:
MAYOR/COUNCIL MEMBERS:
None
ABSENT:
MAYOR/COUNCIL MEMBERS:
None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5646 on the
1 sty day of September, 1998.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 1st day of September, 1998.
" * '000i4���
ASSISTANT CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Ordinance No. 5646 and was published once in the North County News on the 1 st day of
September, 1998.
ASSISTANT CITY CLERK KF THE CITY OF ANAHEIM