Loading...
HomeMy WebLinkAboutADM 02-16I PROJECT SUMMARY SHEET FILE #: ADM 02-16 PROJECT TYPE: Administrative Permit APPLICANT: Mark Boyles ADDRESS: 15430-C Hwy. 99, Chico, CA 95973 OWNER: same PROJECT DESCRIPTION: Administrative Permit for Transfer of Ownership of an Adult Business PROPERTY ZONED: Unclassified LOCATED: on east side of Hwy. 99 about 3,000 ft. south of Hamilton Nord Cana Hwy AP#: 047-100-146 TOWN/AREA: Chico GENERAL PLAN DESIGNATION: 1. Application accepted: 11/26/01 Amount: $ 300.00 Receipt # 20203 2. Comments sent to: N/A 3. Comments received from: 4. Rezone Petition Signatures Checked: 5. Mailing List/Lead-in Sheet: 6. Assigned To: Carl Durling 7. Environmental Determination: -8. Staff Report: Project Video: 9. Type Use Permit/Send for signature: 10. N.O.E. / N.O.D. / APPENDIX G: Fish & Game Fees Paid: Yes No 11. Send validated Use Permit: 12. Assessor's Memo: 13. Copy of Use Permit / Variance to Planning Technician: CONDITIONAL ADULT BUSINESS REGULATORY PERMIT (Renewal) For Adult Cabaret Only Pursuant to Chapter 15 of Butte County Code TO: Mark Boyles FROM: Fred Davis, Interim Director, Development Services DATE: May 28, 2002 'File #ADM 02-16 PURPOSE: Conditional Adult Business Regulatory Permit (Renewal) for Mark Boyles on APN# 047-100-146 for an Adult Business located at east side of Hwy. 99 about 3,000 feet south of Hamilton Nord Cana Hwy, on property zoned Unclassified. PERMIT REQUIREMENTS: Approval of the renewal of this Conditional Adult Business Regulatory Permit is contingent upon fulfillment of the following requirements: 1. Comply with provisions of Butte County Ordinance 361.9, AN ORDINANCE PROHIBITING AND REGULATING CERTAIN ADULT BUSINESSES. 2. Comply with the provisions and requirements contained in the May 18, 2001 letter (Copy attached) from the Department of Development Services, Building Division written to Ron Bunch from Glenn Gibbons, Plans Examiner. TO THE EXTENT ANY SUCH REMODEL WORK IS ACTUALLY UNDERTAKEN 3. Comply with.any further provisions grid requirements articulated in the letter to George W. M. Mull dated January 17, 2002 (Copy attached) from Tom Buford, Interim Director of Development Services. 4. Required to obtain approval by the Fire Department (538-7994) prior to opening for business. 5. All work required under Items #2 #3 and #4 above is to be completed by August 17, 2002. 6. The permit may be suspended or revoked if any of the terns or conditions of the Permit are violated or if any acts or omissions of the permittee in connection with the use authorized by said Permit constitute a public nuisance. 7. Tenn of Permit, only upon signature by Pennittee, is from 15 October 2001 through 14 October 2004. UNDER NO CIRCUMSTANCES WILL PERMITTEE'S EXECUTION OF THIS DOCUMENT CONSTITUTE A WAVIER OF PERMITTEE'S RIGHT TO OBJECT TO THE CONSTITUTIONALITY OF ORDINANCE 3619 OR THE VALIDITY OF ANY OTHER REQUIREMENT .IMPOSED BY THE COUNTY. Permittee Signature Date M. A. Meleka Date THREE KINGS INC. Principal Planner A CALIFORNIA CORPORATION BY: MARK BOYLES, ITS PRESIDENT CONDITIONAL ADULT BUSINESS REGULATORY PERMIT (Renewal) For Adult Cabaret Only Pursuant to Chapter 15 of Butte County Code TO: Mark Boyles FROM: Fred Davis, Interim Director, Development Services DATE: May 28, 2002 File #ADM 02-16 PURPOSE: Conditional Adult Business Regulatory Permit (Renem�al) for Mark Boyles on APN# 047-100-146 for an Adult Business located at east side of Hwy. 99 about 3,000 feet south of Hamilton Nord Cana Hwy, on property zoned Unclassified. PERMIT REQUIREMENTS: Approval of the renewal of this Conditional Adult Business Regulatory Permit is contingent upon fulfillment of the following requirements: 1. Comply with provisions of Butte County Ordinance 3619, AN ORDINANCE PROHIBITING AND REGULATING CERTAIN ADULT BUSINESSES. 2. Comply with the provisions and requirements contained in the May 18, 2001 letter (Copy attached) from the Department of Development Services, Building Division written to Ron Bunch from Glenn Gibbons, Plans Examiner. TO THE EXTENT ANY SUCH REMODEL WORK IS ACTUALLY UNDERTAKEN 3. Comply with any further provisions and requirements articulated in the letter to George W. M. Mull dated January 17, 2002 (Copy attached) from Tom Buford, Interim Director of Development Services. 4. Required to obtain approval by the Fire Department (538-7994) prior to opening for business. 5. All work required under Items #2 #3 and #4 above is to be completed by August 17, 2002. 6. The permit may be suspended or revoked if any of the terms or conditions of the Permit are violated or if any acts or omissions of the permittee in connection with the use authorized by said Permit constitute a public nuisance. 7. Term of Permit, only upon signature by Permittee, is from 15 October 2001 through 14 October 2004. UNDER -NO CIRCUMSTANCES WILL PERMITTEE'S EXECUTION OF THIS DOCUMENT CONSTITUTE A WAVIER OF PERMITTEE'S RIGHT TO OBJECT TO THE CONSTITUTIONALITY OF ORDINANCE 3619 OR THE VALIDITY OF ANY OTHER REQUIREMENT IMPOSED BY THE COUNTY. Y2-err-0 mttee Signature Date THREE KINGS INC. A CALIFORNIA CORPORATION BY: MARK BOYLES, ITS PRESIDENT M. A. Meleka Date Principal Planner 0 ry 7 � Ca M • l t 7 1 � v 0 � M • l 7 1 � Z � 2 V 2 � v J � � J Z j 7 .� 'M CONDITIONAL ADULT BUSINESS REGULATORY PERMIT (Renewal) For Adult Cabaret Only Pursuant to Chapter 15 of Butte County Code TO: Mark Boyles FROM: Fred Davis, Interim Director, Development Services DATE: May 28, 2002 File #ADM 02-16 PURPOSE: Conditional. Adult Business Regulatory Permit (Renewal) for Mark Boyles on APN# 047-100-146 for an Adult Business located at east side of Hwy. 99 about 3,000 feet south of Hamilton Nord Cana Hwy, on property zoned Unclassified. PERMIT REQUIREMENTS: Approval of the renewal of this Conditional Adult Business Regulatory Permit is contingent upon fulfillment of the following requirements: 1. Comply with provisions of Butte County Ordinance 3619, AN ORDINANCE PROHIBITING AND REGULATING CERTAIN ADULT BUSINESSES. 2. Comply with the provisions and requirements contained in the May 18, 2001 letter (Copy attached) from the Department of Development Services, Building Division written to Ron Bunch from Glenn Gibbons, Plans Examiner. +z.. .7 .. 3. Lomply-with any further provisions and requirements articulated in the letter to George W. M. Mull dated January 17, 2002 (Copy attached) from Tom Buford, Interim Director of Development Services. 4. Required to obtain approval by the Fire Department (538-7994) prior to opening for business. 5. All work required under Items #2 #3 and #4 above is to be completed by August 17, 2002. 6. The permit may be suspended or revoked if any of the terms or conditions of the Permit are violated or if any acts or omissions of the permittee in connection with the use authorized by said Permit constitute'a public nuisance. 7. Term of Permit, only upon signature by Pennittee, is from 15 October 2001 through 14 October 2004. lv�.Zc�"0Z. —Peft tfee"Sig"nature Date THREE KINGS INC. A CALIFORNIA CORPORATION BY: MARK BOYLES, ITS PRESIDENT M. A. Meleka Date Principal Planner 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 3619 AN ORDINANCE PROHIBITING AND REGULATING CERTAIN ADULT BUSINESSES The Board of Supervisors of the County of Butte ordains as follows: SECTION 1. PURPOSE AND AUTHORITY. The purpose of this Ordinance is to regulate the time, place and manner of operation of certain adult businesses within the unincorporated areas of the County, and to prohibit adult businesses that do not. comply with the terms of the Ordinance. This Ordinance is adopted pursuant to California Constitution article 11, section 7, Butte County Charter, article I, section 1, Government Code section 65850.3, Penal Code sections 318.5 and 318.6, California Code of Regulations title 4, section 143.5, and other applicable law. SECTION 2. FINDINGS. The Board of Supervisors finds and determines as set forth below. The definitions added to the Butte County Code by section 4 of this Ordinance shall apply to these findings. A. The Board, in adopting this Ordinance, takes legislative notice of the existence and content of the following studies concerning the adverse secondary side effects of Adult Businesses in other jurisdictions: Dallas, Texas (1997); Newport News, Virginia (1996); Times Square, New York (1994); Garden Grove, California (1991); Tucson, Arizona (1990); Seattle, Washington (1989); St. Paul, Minnesota (1987 & 1988 supplement); Austin, Texas (1986); Oklahoma County, Oklahoma (1986 & 1992); Indianapolis, Indiana (1984); Houston, Texas (1983); Beaumont, Texas (1982); Minneapolis, Minnesota (1980); Phoenix, Arizona (1979); Whittier, California (1978); Amarillo, Texas (1977); Cleveland, Ohio (1977); and Los Angeles, California (1977). Copies of these studies are available for public review during regular business hours at the Butte County Administration Office (25 County Center Dr., Oroville, California 95965). The Board finds that these studies are relevant to the problems addressed by the County in enacting this Ordinance to regulate the adverse secondary side effects of Adult Businesses, and more specifically finds that these studies provide -1- 1 2 3 4 51 6 7 8 9 10 13 14 I 15 16 17 18 19 20 21 22 23 24 25 26 27 28 convincing evidence that: 1. Adult Businesses are linked to increases in the crime rates in those areas in which they are located and in surrounding areas. 2. Both the proximity of Adult Businesses to sensitive land uses and the concentration of Adult Businesses tend to result in the blighting and deterioration of the areas in which they are located. 3. The proximity and concentration of Adult Businesses adjacent to residential, recreational, religious, educational and other Adult Business uses can cause other types of businesses and residences to move elsewhere. 4. There is substantial evidence that an increase in crime tends to accompany, concentrate around, and be aggravated by Adult Businesses, including but not limited to an increase in the crimes of narcotics distribution and use, prostitution, pandering, and violence against persons and property. The studies from other jurisdictions establish convincing evidence that Adult Businesses that are not regulated as to permissible locations 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. 5. The Board finds that nude dancing and nude or partially nude waiters, waitresses and servers may encourage and/or cause or result in an increase in prostitution and sexual assaults, and may attract other criminal activity. Regulation of nudity therefore furthers an important and substantial interest of the County in preventing prostitution, sexual assaults, associated crimes, and other adverse secondary effects. 6. The Board takes legislative notice of City of Erie v. Pap AM (2000) _ U.S. and Justice Souter's concurring opinion in Barnes v. Glenn Theater (1991) 501 U.S. 560 regarding the court's conclusions that the regulation of nudity is appropriate to further government's important and substantial interest in preventing prostitution, sexual assaults, associated crimes, and other adverse secondary effects. B. Based on the foregoing, the Board finds and determines that special regulation of Adult Businesses is necessary to ensure that their adverse secondary side effects will not contribute to an -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 increase in crime rates or to the blighting or deterioration of the areas in which they are located or surrounding areas. The need for such special regulations is based upon the recognition that Adult Businesses have serious objectionable operational characteristics, particularly when several of them are concentrated or located in direct proximity to sensitive uses, such as parks, schools, churches, residences, bars and liquor stores, thereby having a deleterious effect upon the adjacent areas. It is the purpose and intent of these special regulations to prevent the concentration of Adult Businesses Iand location near sensitive uses, and thereby prevent such adverse secondary side effects. C. Based on the foregoing, the Board also finds and determines that special regulation of nudity at Adult Business Bars is necessary and appropriate to prohibit and limit adverse secondary effects associated with Adult Business Bars. The nudity regulations and the minimal clothing required by this Ordinance do not deprive or unreasonably restrict any expressive message or activity protected by the First Amendment. D. The locational requirements established by this Ordinance do not unreasonably restrict the establishment or operation of constitutionally protected Adult Businesses in Butte County, and a sufficient reasonable number of appropriate locations for Adult Businesses are provided by this Ordinance. E. In developing this Ordinance, the Board has been mindful of legal principles relating to regulation of Adult Businesses and does not intend to suppress or infringe upon any expressive activities protected by the First Amendment of the United States Constitution and article 1, section 2 of the California Constitution, but instead desires to enact reasonable time, place and manner regulations that address the adverse secondary effects of Adult Businesses. The Board has considered decisions of the United States Supreme Court regarding local regulation of Adult Businesses, including but not limited to: City of Erie v. Pap AM (2000) _ U.S.'_; Young v. American Mini Theaters, Inc. (1976) 427 U.S. 50 (reh. denied 429 U.S. 873); Renton v. Playtime Theaters (1986) 475 U.S. 41 (reh. denied 475 U.S. 1132); FW/PBS, Inc. v. Dallas (1990) 493 U.S. 215; Barnes v. Glenn Theater (1991) 501 U.S. 560; New York State Liquor Authority v. Bellanca (1981) 452 U.S. 714; California v. LaRue (1972) 409 U.S. 109; United States Court of Appeals Ninth Circuit decisions, including but not limited to: Colacurcio v. City of Kent (9`h Cir., 1998)163 991! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 F.3d 545; Key, Inc. v. Kitsap County (9t° Cir., 1986) 793 F.2d 1053; Topanga Press v. County of Los Angeles (9" Cir., 1993) 989 F.2d 1524; several California cases, including but not limited to: Tily B., Inc. v. City of Newport Beach (1998) 69 Ca1.App. 4`h 1; Smith v. County of Los Angeles (1994) 24 Cal.App.4th 990; City ofNational City v. Wiener (1993) 3 CalAth 832; People v. Superior Court (Lucero) (1989) 49 Cal.3d 14; City of Vallejo v. Adult Books (1985) 167 Cal.App.3d 1169; and Morris v. Municipal Court (1982) 32 Cal.3d 553; and other federal cases, including Lakeland Lounge v. County ofdacksonville (5`h Cir. 1992) 973 F.2d 1255; Hang On, Inc. v. Arlington (5`h Cir. 1995) 65 F.3d 1248; Mitchell v. Commission on Adult Entertainment (3rd Cir. 1993) 10 F.3d 123; International Eateries v. Broward County (I Vh Cir. 1991) 941 F.2d 1157; and Star Satellite v. County of Biloxi (5`h Cir. 1986) 779 F.2d 1074. F. The Board also finds that locational criteria alone do not adequately protect the health, safety, and general welfare of the citizens ofButte County, and therefore certain requirements with respect to the operation and licensing of Adult Businesses and Performers are in the public interest. In addition to the findings and studies conducted in other cities regarding increases in crime rates, decreases in property values and the blighting of areas in which such businesses are located, the Board of Supervisors also takes legislative notice of the facts recited in the case of Kev, Inc. v. Kitsap County, (9`h Cir., 1986) 793 F.2d 1053, regarding how live adult entertainment results in secondary effects such as prostitution, drug dealing, and other law enforcement problems. G. The Board of Supervisors finds the following, in part based upon its understanding of the documents and judicial decisions in the public record: (1) Evidence indicates that some Performers have been found to engage in sexual activities with patrons of Adult Businesses on the site of the Adult Business; (2) Evidence has demonstrated that Performers in Adult Businesses have been found to offer and provide private shows to patrons who, for a price, are permitted to observe and participate with the Performers in live sex shows; (3) Evidence indicates that Performers at Adult Businesses have been found to engage in acts ofprostitution with patrons of the establishment; (4) Evidence indicates that fully enclosed booths, individual viewing areas, and other small rooms whose interiors cannot be seen from public areas of the establishment regularly have been found to be used as a location for engaging in unlawful sexual activity; and (5) As a result of the above, and -4- 1, 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 the increase in incidents of AIDS and Hepatitis B, which are both sexually transmitted diseases, the County -has a substantial interest in adopting regulations that will reduce, to the greatest extent possible, the possibility for the occurrence of prostitution and casual sex acts at Adult Businesses. H. Enclosed or concealed booths areas within Adult Businesses greatly increase the potential for misuse of the premises, including unlawful conduct of a type which facilitates transmission of disease. Requirements that all indoor areas be open to view by management at all times are necessary in order to reduce the opportunity for, and therefore the incidence of illegal conduct within Adult Businesses, and to facilitate the inspection of the interior of the premises by law enforcement personnel. I. Zoning, licensing and other police power regulations are legitimate, reasonable means of accountability to help protect the quality of life in Butte County and to help assure that all operators of Adult Businesses comply with reasonable regulations and are located in places that minimize the adverse secondary effects that often accompany the operation of such businesses. J. The Board recognizes the possible harmful effects on children and minors exposed to the effects of such Adult Businesses and the deterioration. of respect for family values, and the need and desire of children and minors to stay away from and avoid. such businesses, which causes children to be fearful and cautious when walking through or visiting the immediate neighborhood of such businesses. The Board desires to minimize and control the adverse secondary side effects associated with the operation of Adult Businesses and thereby: protect the health, safety, and welfare of the citizens of Butte County; protect the citizens from increased crime; preserve the quality of life; preserve property values and the character of surrounding neighborhoods and businesses; deter the spread of urban blight; and protect against the threat to health from the spread of communicable and sexually transmitted diseases. K. Nothing in this Ordinance is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use that violates any County ordinance or any state law regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter or the exhibition or public display thereof. L. While the Board desires to protect the rights conferred by the United States and California -5- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1I 28 Constitutions to Adult Businesses, it does so in a manner that ensures the continued and orderly development of property within the County and diminishes, to the greatest extent feasible, those undesirable secondary effects which the aforementioned studies have shown to be associated with the development and operation of Adult Businesses. M. This Ordinance also regulates topless and bottomless waiters, waitresses, entertainers and exhibitions at Adult Business Bars within the unincorporated areas of the County. At this time, the Board intends to limit the applicability of this Ordinance to bars that operate as an Adult Business. The Ordinance is limited to bars in order to satisfy the limits of Morris v. Municipal Court (1982) 32 Cal.3d 553, which holds that a nudity regulation is enforceable in bars, but possibly not at non -bar adult businesses. If the new Court of Appeal decision, Tily B., Inc. v. City of Newport Beach (1998) 69 Cal.AppAth 1 (which approved a broader nudity regulation in all adult businesses, not just bars, and concluded that Morris is no longer applicable law), becomes final and remains valid law, or if the legal authority to regulate nudity in all adult businesses is otherwise clarified, then the Board in the future intends to expand the regulation adopted by this Ordinance to apply to all Adult Businesses. N. Following the adoption of interim Ordinance Nos. 3445, 3454, 3476 and 3546, and regular Ordinance No. 3482, the Board of Supervisors, Planning Commission and staff proceeded with an evaluation of a permanent Adult Business Ordinance, and conducted duly noticed public hearings concerning a new Ordinance. The Planning Commission, after its review and consideration ofpublic comments, recommended to the Board the adoption of this Ordinance. The Board of Supervisors has considered this recommendation and the comments from the public. O. By adopting a new Butte County Code Chapter 15, Article IV, the Board intends to consolidate in a single article the adult business regulations of interim Ordinance Nos. 3445, 3454 and 3546 and the regulation of topless and bottomless waiters, waitresses and entertainers in Adult Business Bars of Ordinance Nos. 3476 and 3482. SECTION 3. REPEAL OF EXISTING ORDINANCE. The Board of Supervisors hereby repeals Ordinance Nos. 3445, 3454, 3476, 3482 and 3546 and existing Article IV of Chapter 15 of M I the Butte County Code, and confirms the repeal of Butte County Code sections 24-250 through 24- 2 250.20, inclusive. 3 4 SECTION 4. ADOPTION OF ARTICLE IV.. New Article IV of Chapter 15 of the Butte County 5 Code is hereby adopted to read as follows: 6 7 ARTICLE IV. ADULT BUSINESS REGULATION 8 9 Sec. 15-110. Definitions. The definitions set forth below shall apply to this Article: 10 (a) "Adult Business" means any one of the following: 11 (1) "Adult Arcade" means an establishment where, for any form of compensation or 12 other consideration, one or more still or motion picture projectors, or similar machines, for viewing 13 by five or fewer persons each, are used to show films, computer generated images, motion pictures, 14 video cassettes, slides or other photographic reproductions, 30% or more of the number of which 15 constitute Adult Material. 16 (2) "Adult Bookstore" means an establishment that has 30% or more of its current 17 stock in retail areas open to customers (excluding storage areas not open to customers) in books, 18 magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video 19 cassettes, slides, tapes, records or other form of visual or audio representations which constitute 20 Adult Material. 21 (3) "Adult Cabaret" means a nightclub, restaurant or similar business establishment 22 that: (i) regularly features live performances that are distinguished or characterized by an emphasis 23 on the exposure of Specified Anatomical Areas or Specified Sexual Activities; (ii) regularly features 24 persons who appear nude or semi-nude; and/or (iii) shows films, computer generated images, motion 25 pictures, video cassettes, slides, or other photographic reproductions, 30% or more of the number 26 of which constitute Adult Material.' 27 (4) "Adult Hotel/Motel" means a hotel, motel, lodging house or similar business 28 establishment offering public accommodations for any form of compensation or other consideration -7- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 that: (i) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions, 30% or more of the number of which constitute Adult Material; and (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. (5) "Adult Motion Picture Theater" means a business establishment where, for any form of compensation or other consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and 30% or more of the number of which constitute Adult Material. (6) "Adult Theater" means a theater, concert hall, auditorium, or similar establishment that for any form of compensation or other consideration regularly features live performances which are distinguished or characterized by an emphasis on the display of Specified Sexual Activities or Specified Anatomical Areas. (7) "Modeling Studio" means a business that provides, for any form of compensation or other consideration, live human models who, for the purposes of sexual stimulation of patrons, display Specified Anatomical Areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. "Modeling Studio" does not include (a) schools maintained pursuant to standards set by the State Board of Education, or (b) a studio or similar. facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available to any member of the public Specified Sexual Activities. (b) "Adult Business Bar" means a Bar that also constitutes an Adult Business. (c) "Adult Business Operator" or "Operator" means a person who supervises, manages, maintains, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an Adult Business or the conduct or activities occurring on the premises thereof. (d) "Adult Material" means films, motion pictures, video cassettes, photographs, films, slides, tapes, records, closed-circuit television transmissions, computer generated images, other photographic reproductions, books, magazines, periodicals, posters, and other printed matter that are distinguished or characterized by an emphasis upon the depiction or description of Specified Sexual Activities or Specified Anatomical Areas. IF -11 I (e) "Applicant" means a person who is required to file an application for a permit under this 2 Article, including an individual owner, managing partner, officer of a corporation, or any other 3 Operator, manager, employee, or agent of an Adult Business, or a Performer. 4 (f) "Bar" means a bar, pub, tavern, restaurant or similar establishment that operates pursuant 5 to an on -sale license issued by the California Department of Alcoholic Beverage Control. 6 (g) "Church" means a building or structure that is used primarily for religious worship and 7 related religious activities. 8 (h) "Director" shall mean the County Director of Development Services or his or her 9 designee. 10 (i) "Distinguished or characterized by an emphasis upon" means and refers to the dominant 11 or essential theme of the object described by such phrase. For instance, when the phrase refers to 12 films "which are distinguished or characterized by an emphasis upon" the depiction or description 13 of specified sexual activities or specified anatomical areas, the films so described are those whose 14 dominant or predominant character and theme are the depiction of the enumerated sexual activities 15 or anatomical areas. (See Pringle v. County of Covina (1981) 115 Cal.App.3d 151). 16 (j) "Establish" an Adult Business means and includes any of the following: 17 (1) The opening or commencement of any Adult Business as a new business; 18 (2) The conversion of an existing business, whether or not an Adult Business, to any 19 Adult Business; 20 (3) The addition of any type of Adult Business to any other type of existing Adult 21 Business; or 22 (4) The relocation of any Adult Business. 23 (k) "Liquor Store" means a store that sells alcoholic beverages at retail pursuant to an off - 24 sale license issued by the California Department of Alcoholic Beverage Control. 25 (1) "Nudity" means the showing of the male or female genitals, pubic area, or buttocks with 26 less than a fully opaque covering, the showing of the female breast with less than a fully opaque 27 covering of any part of the nipple or areola, or the showing of the covered male genitals in a 28 discernibly turgid state. -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (m) "Operate an Adult Business" or "Operate" means the supervising, managing, maintaining; inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the conduct of activities of an Adult Business or activities within an Adult Business. (n) "Performer" means an individual who performs, entertains, dances and/or models at an Adult Business in any live entertainment depicting Specified Anatomical Areas or involving Specified Sexual Activities. (o) "Permittee" means the person to whom an Adult Business Permit or Adult Business I Performer Permit is issued. (p) "Person" means any individual, partnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character. (q) "Regularly features" with respect to an Adult Theater or Adult Cabaret means a regular and substantial course of conduct. Live performances that are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurring on two or more occasions within a 30 day period, or three or more occasions within a 60 day period, or four or more occasions within a 180 day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct. (r) "Residential Zone" means any County zone or zoning district as described in Chapter 24 of this Code that allows residential use as a principal permitted use and that allows a parcel size of smaller than five acres. (s) "School" means any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, home school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university. (t) "Sheriff' means the Butte County Sheriff, or his or her designee. (u) "Specified Anatomical Areas" means and includes any of the following: (1) Less than -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 completely and opaquely covered human (i) genitals or pubic region, (ii) buttocks, and (iii) female breast below a point immediately above the top of the areola; (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered; and (3) Any device, costume or covering that simulates any of the body parts included in subdivisions (1) or (2) above. (v) "Specified Sexual Activities" means and includes any of the following, whether performed directly or indirectly through clothing or other covering: (1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast; (2) Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy; (3) Masturbation, actual or simulated; and (4) Excretory functions as part of or in connection with any of the other activities described in subdivisions (1) through (3) of this subsection. Sec. 15-11.1. General prohibition. The establishment and/or operation of any Adult Business within the unincorporated area of Butte County are hereby prohibited, except as permitted pursuant to the regulations in this Article. No County building permit, certificate of occupancy or any other license or entitlement for an Adult Business shall be issued by the County, except for uses as permitted in this Article. Sec: 15-112. Location restrictions. (a) Notwithstanding any other provision of this Code or other County ordinance, no Adult Business (excluding an Adult Hotel/Motel) shall be established or operated in any zone in the County other than the M-1 (light industrial) and M-2 (heavy industrial) zones. (b) An Adult Hotel/Motel may be established or operated in any zone in the County where hotels and motels are generally allowed under the Chapter 24 of the Code as a principal permitted use, subject to the location and distance requirements set forth in subsection (c). (c) Notwithstanding any other provision of this Code or other County ordinance, no Adult Business shall be established or operated within certain distances of certain specified land uses or zones as follows: (i) No such business shall be located within 1,000 feet of any other Adult Business (including those located in both the unincorporated and incorporated areas of the County); and (ii) -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 No such business shall be located within 1,000 feet from any existing Residential Zone, park, Bar, Liquor Store, Church or School (including those zones and uses located in both the unincorporated and incorporated areas of the County). These location restrictions shall apply to both existing and new Adult Businesses, including existing nonconforming Adult Businesses. (d) The distances set forth above shall be measured in a straight line from the nearest point on the property line of the Adult Business to the nearest point on the property line of the subject Residential Zone or park or the subject Bar, Liquor Store, Church, School or other Adult Business, without regard to intervening structures. (e) Adult Businesses shall be prohibited in any zone except as expressly authorized above. Sec 15-113. Adult Business Permits required; application. (a) It shall be unlawful for any person to engage in, conduct or carry on, or to allow to be engaged in, conducted or carried on, in or upon any premises in the unincorporated area of the County, the operation of an Adult Business unless the person first obtains and continues to maintain in full force and effect an Adult Business Permit from the County as required by this Article. (b) Every person who proposes to maintain, operate or conduct an Adult Business in the County shall file an application with the Director on an application form to be provided by the Director, and shall pay a filing fee in the same amount as the administrative permit fee specified in Butte County Code section 3-43, subsection 17. The application shall include the following information: (1) Information concerning Applicant. i. If the Applicant is an individual, the individual shall state his or her legal name, including any aliases, and address, and shall submit satisfactory written proof that he or she is at least 18 years of age. ii. If the Applicant is a partnership, the partners shall state the partnership's complete name, address, the names of all partners, and whether the partnership is general or limited. iii. If the Applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of California, the names and capacity of all officers and directors, the name of the registered corporate agent, and the address of the registered office for service of process. (2) Signature. If the Applicant is an individual, he or she shall sign the application. If the Applicant is other than an individual, an officer of the business entity or an individual with a 10% or greater ownership interest in the business entity shall sign the application. (3) If the Applicant intends to operate the Adult Business under a name other than that of the Applicant, the Applicant shall file the fictitious name of the Adult Business and show proof of registration of the fictitious name. (4) A description of the type of Adult Business for which the Permit is requested, the proposed address and County assessor parcel number(s) where the Adult Business will operate, and the names and addresses of the owners and, if applicable, lessors and lessees of the Adult Business site. (5) The address to which notice of action on the application is to be mailed. (6) A drawing depicting the building and the property site to be occupied by the Adult Business, and: (i) the property line of any other Adult Business within 1,000 feet of the Adult Business for which a permit is requested; and (ii) the property lines of any Church, School, Bar, Liquor Store, park or Residential Zone within 1,000 feet of the subject Adult Business. (7) A sketch or diagram of the off-street parking areas, driveways, street access and ingress/egress, and building ingress/egress of the Adult Business and also showing the location of the lighting system required by this Article. (8) A proposed floor plan of the interior of the business. (9) Whether any proposed Operator has ever been convicted of: (i) any of the offenses set forth in Penal Code sections 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 2661, 647(a), 647(b) and 647(D) as those sections now exist or may hereafter be amended or renumbered; or (ii) the equivalent of the aforesaid offenses outside the State of California. (10) Whether any proposed Operator is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state or jurisdiction to engage in prostitution in such other state or jurisdiction. If a proposed Operator is or has ever been so licensed, -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 registered or authorized, then the Applicant shall submit a statement giving the place of such registration, licensing or authorization, and the inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution. (11) An acknowledgment by the Applicant that the principal Operator has received a copy of, read, understands, and agrees to comply with all applicable requirements and limitations of this Article. (c) If the Director determines that the Applicant has completed the application improperly, the Director shall promptly notify the Applicant of such fact. The Director shall complete the review for completeness within seven working days of submittal of the application. (d) The fact that an Applicant possesses other types of state or County permits or licenses does not exempt the Applicant from the requirement of obtaining an Adult Business Permit. (e) Each Adult Business Permit must be renewed every three years, within three years from the date of issuance or last renewal, by filing with the Director a written request for renewal, accompanied by a fee in the same amount as the administrative permit renewal fee specified in Butte County Code section 3-43, subsection 18. The request for renewal shall be made at least 30 days before the expiration of the applicable three year period. Applications for renewal shall be acted on as provided in this Article, or any successor Adult Business Ordinance, for action upon initial applications for permits. (0 An Adult Business Permit shall allow only the operation of the Adult Business type or types described in the Permit. It shall be unlawful for the Permittee or any other person to engage in, conduct or carry on in or upon any premises in the County, the establishment or operation of a type of Adult Business different from the description of the type or types of Adult Business described in the Adult Business Permit. The different types of Adult Businesses are those listed in the definition at section 15-110(a). Sec. 15-114. Action on Adult Business Permit application. (a) Upon receipt of a completed application and payment of the application fee, the Director -14- I shall immediately stamp the application as received and promptly investigate the information 2 contained in the application to determine whether the Applicant shall be issued an Adult Business 3 Permit. 4 (b) Within 30 days of receipt of the completed application, the Director shall complete the 5 investigation, grant or deny the application in accordance with the provisions of this Article, and so 6 notify the Applicant as follows: 7 (1) If the application is denied, the Director shall provide to the Applicant a statement 8 of the reasons for denial. 9 (2) If the application is granted, the Director shall provide to the Applicant an Adult 10 Business Permit in a form approved by the Director consistent with this Article. 11 (3) The application denial or the Permit shall be placed in the United States mail, first 12 class postage prepaid, addressed to the Applicant at the address stated in the application. 13 (c) The Director shall grant the application and issue the Adult Business Permit upon 14 findings that the proposed business meets the locational and other criteria, standards and 15 requirements of this Article. 16 (d) If the Director grants the application or if the Director neither grants nor denies the 17 application within 30 days after submittal of a complete application, the Applicant may begin 18 operating the Adult Business for which the permit was sought, subject to strict compliance with the 19 permit conditions, if any, and the development, performance and other standards and requirements 20 of this Article. 21 (e) The Director may conditionally approve an application subject to such conditions that 22 are necessary to bring the proposed use into conformity with valid requirements set forth in this 23 Article, other applicable County ordinances or regulations, or federal or state law. Conditions 24 required by the permit shall be completed before issuance of a certificate of occupancy or initiation 25 of the use. 26 (f) Every Adult Business granted a permit shall display the permit in a conspicuous place 27 within the Adult Business at all times during business hours. 28 -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II Sec. 15-115. Adult Business Permit denial. The Director shall deny the application for any of the 11 following reasons: (a) The proposed interior floor plan, building, structure, equipment, or location used by the business for which an Adult Business Permit is required does not comply with the requirements and standards of the health, zoning, fire, building or safety laws of the County and the State of California, or with the locational or development, performance and other standards and requirements of this Article. (b) The Applicant, his or her employee, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for an Adult Business Permit. (c) An Applicant is under 18 years of age. (d) The required application fee has not been paid. Sec. 15-116. Transfer of Adult Business Permits. (a) A Permittee shall not operate an Adult Business under the authority of an Adult Business Permit at any place other than the address of the Adult Business stated in the application for the Permit. Adult Business Permits are nontransferable, except as provided below. (b) A Permittee shall not transfer ownership or control of an Adult Business or transfer an Adult Business Permit to another person unless and until the transferee obtains an amendment to the Permit from the Director stating that the transferee is now the Permittee: Such an amendment may be obtained only if the transferee files an Adult Business Permit application with the Director, accompanied by a transfer fee in the same amount as the administrative permit renewal fee specified in Butte County Code section 3-43, subsection 18, and the Director determines in accordance with this Article or any successor ordinance that the transferee would be entitled to the issuance of an original Permit. (c) No permit may be transferred pending any investigation or proceedings by the County regarding a possible suspension or revocation of the permit. (d) Any attempt to transfer a permit either directly or indirectly in violation of this section -16- 1 2 3 4 5 6 7 8 V 10 11 12 13 14 15 16 17 18 19 20 11 21 22 23 24 25 26 27 28 is hereby declared void, and the permit shall be deemed revoked. II /// Sec 15-117. Adult Business Performer Permits required; application. (a) No person shall engage in or participate in any live performance in the unincorporated area of the County depicting Specified Anatomical Areas or involving Specified Sexual Activities in an Adult Business, without a valid Adult Business Performer Permit issued by the County. The Sheriff shall grant, deny and renew Adult Business Performer Permits. (b) The application for a permit shall be filed with the Sheriff's Department on a form Iprovided by the Sheriff. The completed application shall contain the following information and be accompanied by the following documents: (1) Applicant's legal name and any other names (including "stage names" and aliases) used by the Applicant; (2) Applicant's age, date, place of birth, height, weight, hair and eye color; (3) Applicant's present residence address and telephone number; (4) Address(es) of Adult Business(es) where the Applicant intends to perform; (5) Whether the Applicant has ever been convicted of: (i) any of the offenses set forth in Penal Code sections 315, 316, 266a, 266b, 266c, 266e, 2668, 266h, 2661, 647(a), 647(b) and 647(d) as those sections now exist or may hereafter be amended or renumbered; or (ii) the equivalent of the aforesaid offenses outside the State of California. (6) Whether the Applicant is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state or jurisdiction to engage in prostitution in such other state or jurisdiction. If the Applicant is or has ever been so licensed, registered or authorized, then the Applicant shall submit a statement giving the place of such registration, licensing or authorization, and the inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution. (7) Applicants's state driver's license or identification number; (8) Satisfactory written proof that the Applicant is at least 18 years of age; -17- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 N-11 (9) Applicant's fingerprints on a form provided by the Sheriff, and a color photograph clearly showing the Applicant's face; and (10) If the application is made for the purpose of renewing a permit, the Applicant shall attach a copy of the permit to be renewed. (11) An acknowledgment by the Applicant that he or she has received a copy of, read, understands, and agrees -to comply with (i) all applicable requirements and limitations of sections 15-117 - 15-122 of this Article, and (ii) all applicable requirements and limitations of the Adult Business Permit(s) for the Adult Business location(s) at which the Applicant intends to perform. (c) The completed application shall be accompanied by a non-refundable application fee in the amount of $67. (d) Upon receipt of an application and payment of the application fee, the Sheriff shall immediately stamp the application as received and promptly investigate the application. (e) If the Sheriff determines that the Applicant has completed the application improperly, the Sheriff shall promptly notify the Applicant of such fact and grant the Applicant an extension of time to complete the application properly. The Sheriff shall complete the review for completeness within two working days of submittal of the application. (f) Within 10 days after receipt of a properly completed application, the Sheriff shall grant or deny the application and so notify the Applicant as follows: (1) If the application is denied, the Sheriff shall provide to the Applicant a statement of the reasons for denial. (2) If the application is granted, the Sheriff shall provide to the Applicant an Adult Business Performer Permit in a form approved by the Sheriff consistent with this Article. (3) The application denial or the Permit shall be placed in the United States mail, first class postage prepaid, addressed to the Applicant at the address stated in the application. (g) The Sheriff shall grant the application and issue the Adult Business Performer Permit unless the Sheriff finds that one or more of the following reasons for denial apply: (1) The Applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a Permit or in any report or document required to be filed -18- I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 with the application. (2) The Applicant is under 18 years of age. (3) The Adult Business Performer Permit is to be used for performing in a business prohibited by State or County law. (4) The Applicant is registered or licensed in any state or other jurisdiction as a 11 prostitute. (h) A Performer shall have his or her County Adult Business Performer Permit available for inspection by law enforcement personnel at all times while on the premises of an Adult Business. Adult Business Performer Permits are personal to the Performer and nontransferable. Except for disclosures required by court order or state or federal law, all Adult Business Permit Performer applications, permits and related records shall be confidential and not released to the public. (i) Each Adult Business Performer Permit shall expire one year from the date of issuance and may be renewed only by filing with the Sheriff an application for a renewal permit, accompanied by the application fee. The request for renewal shall be made at least 30 days before the expiration date of the permit. Applications for renewal shall be acted on as provided above for initial applications for permits. 0) During the period of time between submittal of an application and the Sheriff s approval or denial of the application, the Applicant may begin performing in the capacity and at the location(s) for which the permit was sought. (k) Any Permittee who has been issued an Adult Business Permit that involves any live performance depicting Specified Anatomical Areas or involving Specified Sexual Activities shall monitor the Performers to ensure that they have been issued and possess a current County Adult Business Performer Permit. Except for the short period of time while the County is processing an application under subsection 0), allowing an un -permitted Performer to perform at an Adult Business shall be grounds for suspension or revocation of the Adult Business Permit. Sec. 15-118. Suspension or revocation of permits. An Adult Business Permit or Adult Business Performer Permit may be suspended or revoked in accordance with the procedures and standards of -19- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MI 27 28 I this section. (a) On determining that grounds for permit suspension or revocation exist, the Director shall furnish written notice of the proposed suspension or revocation to the Permittee. Such notice shall set forth the time and place of a hearing, and the ground or grounds upon which the hearing is based, the pertinent authority for the ground(s), and a brief statement of the factual matters in support of the proposed suspension or revocation. The notice shall be mailed, postage prepaid, addressed to the last known address of the Permittee, or shall be delivered to the Permittee personally, at least ten days prior to the hearing date. For Adult Business Performer Permits, the Sheriff may report charges of suspected grounds for suspension or revocation to the Director. The Director may determine whether to proceed with suspension or revocation proceedings against an Adult Business Performer Permit either based on a report from the Sheriff or based on other information. (b) Hearings shall be conducted by the Planning Commission. All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. Any Permittee aggrieved by a decision of the Planning Commission may appeal the decision pursuant to section 15-119. (c) A permit may be subject to suspension or revocation for any of the following causes arising from the acts or omissions of the Permittee, or an Operator, employee, agent, partner, director, stockholder, or manager of an Adult Business: (1) The Permittee has knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit or permit renewal, or in any report or record required to be filed with the County. (2) The Permittee, employee, agent, partner, director, stockholder, or manager of an Adult Business has performed, allowed, permitted, or failed to make a reasonable effort to prevent the occurrence of, any of the following on the premises of the Adult Business: i. Any act of unlawful sexual intercourse, sodomy, oral copulation, or -20- I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19' 20 21 22 23 24 25 26 27 28 II masturbation. ii. Use of the establishment as a place where unlawful solicitations for sexual 11 intercourse, sodomy, oral copulation, or masturbation occur. iii. Any conduct constituting a criminal offense which requires registration 11 under Penal Code section 290. iv. The occurrence of acts of lewdness, assignation, or prostitution, including I any conduct constituting violations of Penal Code sections 315, 316, 318, or 647(b). v. Any act constituting a violation of Penal Code provisions relating to obscene matter or distribution of harmful matter to minors, including but not limited to Penal Code sections 311 through 313.4. I this Article. vi. Any conduct, act, omission or occurrence prohibited by or in violation of (3) Failure to abide by a lawful suspension order previously imposed by the County or failure to comply with any condition of a permit or with any business development or performance standard specified in section 15-120. (d) After holding the hearing in accordance with the provisions of this section, if the Planning Commission finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the Planning Commission shall impose one of the following: (1) A warning; (2) Suspension of the permit for a specified period not to exceed six months; or (3) Revocation of the permit. These remedies are not exclusive, and instead are in addition to any other remedy or proceeding permitted by state law or other County ordinance. (e) In addition to the foregoing, an Adult Business Permit shall be deemed revoked and terminated if the use for which the permit was granted has ceased, been abandoned or been suspended for a period of 12 or more consecutive months. The Director may determine whether or not an Adult Business has ceased operation, been abandoned or been suspended within the meaning of this subsection. The Director may mail notice of such a determination to the Permittee, who may -21- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 appeal the determination in the same manner as a permit denial under section 15-119. (f) If a Permittee aggrieved by a suspension or revocation decision of the Planning Commission (or a determination under subsection (e)) fails to timely file an appeal with the Board of Supervisors within 10 days as provided by section 15-119, then the suspension or revocation decision or Director determination shall take effect upon expiration of the 10 day period. Sec. 15-119. Appeal of denial, suspension and revocation decisions; judicial review. (a) After denial of an application for an Adult Business Permit or Adult Business Performer Permit, after denial of renewal of such a permit (which shall be considered a type of revocation), or after suspension or revocation of such a permit, the aggrieved Applicant or Permittee may appeal such administrative action or decision to the Board of Supervisors by filing a notice of appeal with the Clerk of the Board of Supervisors within 10 days of the date of the challenged action or decision. The Board shall hear the appeal in accordance with Butte County Code section 24-45.30. The Board's appeal hearing shall be held and a decision rendered within 20 days of the filing of the notice of appeal, unless this time is extended by mutual agreement of the County and appellant. (b) Permits issued and applied for under this Article shall be subject to prompt judicial review and decision pursuant to Code of Civil Procedure section 1094.8. If a permit denial, suspension or revocation decision is affirmed on review by the Board of Supervisors, the Applicant or Permittee may seek judicial review of the Board's decision pursuant to Code of Civil Procedure section 1094.8. (c) If a Permittee seeks review of a suspension or revocation decision pursuant to this section 15-119, then the suspension or revocation will be stayed as follows: (1) If the Permittee files and serves a petition for writ of mandate under Code of Civil Procedure section 1094.8 within 21 days after the final Board decision on the appeal, then the suspension or revocation shall be stayed pending a trial court decision under Code of Civil Procedure section 1094.8. If affirmed by the trial court, the suspension or revocation shall take effect immediately, unless otherwise provided by court order or applicable law. (2) If the Permittee fails to timely file and serve a petition for writ of mandate under -22- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Code of Civil Procedure section 1094.8 within 21 days after the final Board decision on the appeal, then the suspension or revocation shall take effect upon expiration of the 21 day period. Sec. 15-120. Business development and performance standards. The following applicable requirements shall be deemed conditions of all Adult Business Permits issued pursuant to this Article or Ordinance No. 3445 or any extension thereof, and failure to comply with any such requirement shall be grounds for denial, suspension or revocation of the permit. (a) Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the State Fire Marshall or County Fire Warden standards and regulations and all applicable building and fire safety regulations and standards adopted by the County. If an Applicant or Operator of an Adult Business proposes new construction, alteration, repair, reconstruction, renovation or rehabilitation, or change of use or conversion of any building or structure that requires a building permit pursuant to the terms of the County building code, then the Applicant or Operator shall be subject to all the requirements and conditions of the building (including, but not limited to, fire, electrical, plumbing, mechanical and disability access) codes, laws, regulations and standards in the same manner as for any other building or structure of the same type, size and occupancy classification. (b) No Adult Business shall be operated in any manner that permits the observation of any Adult Material or live Adult Caberet or Adult Theater performance or nude or seminude person, from any public way or from any location outside the building or area of such establishment. This provision also shall apply to any display, decoration, sign, show window or other opening. 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. (c) All off-street parking areas and premise entries of the Adult Business shall be illuminated from dusk to closing hours of operation with a lighting system that provides an average maintained horizontal illumination of one foot candle of light on the parking surface and/or walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the Adult Business for the personal safety of patrons and employees and to -23- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 reduce the incidence of vandalism and criminal conduct. (d) The premises within which the Adult Business is located shall provide sufficient sound - absorbing insulation so that noise generated inside the 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 or on the same parcel of real property. (e) An Adult Business shall not be open for business between the hours of 2:00 a.m. and 8:00 a.m. on any particular day. (f) No person under the age of 18 years shall be permitted within the premises at any time. The building entrance to an Adult Business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are prohibited from entering the premises. (g) All indoor areas of the Adult Business within which patrons are permitted, except rest rooms, shall be open to view by the management at all times. (h) Any Adult Business that is an "Adult Arcade" also shall comply with the following provisions: (1) The interior of the premises shall be configured in such a manner that there is an unobstructed view from an Operator'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 Operator'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 from at least one of the Operator's stations. The view required in this subsection must be direct line of sight from the Operator's station. (2) No patron is permitted access to any area of the premises that has been designated as an area in which patrons will not be permitted. (3) No viewing room or booth that has a floor area of less than 20 square feet may be occupied by more than one person at any one time. (4) The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times, with no holes between any two such rooms such as would allow viewing from one booth into another or such as to allow physical contact of any kind between the occupants -24- 1 2 3 4 5 6 7 8 9' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of any two such booths or rooms. (5) The floors, seats, walls and other interior portions of all video rooms and booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen, blood or saliva in any such booths shall be evidence of improper maintenance and inadequate sanitary controls. (i) The following additional requirements shall apply to Adult businesses that provide live entertainment depicting, showing or exposing Specified Anatomical Areas or involving Specified Sexual Activities: (1) A Performer shall not perform, entertain, dance and/or model for patrons of an Adult Business except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least 10 feet from the nearest area occupied by patrons. No patron shall be permitted within 10 feet of the stage while the stage is occupied by a Performer. A Performer shall not perform, entertain, dance and/or model at an Adult Business at any time closer than 10 feet to any patron. (2) A railing, fence, partition or other barrier at least 30 inches in height shall be maintained in front of the stage or stages that is capable of, and which actually results in, separating the Performers on stage and patrons by at least 10 feet. (3) No patron shall directly pay or give any tip or gratuity to any Performer, and no Performer shall solicit or directly receive any tip or gratuity from any patron at an Adult Business. This prohibition shall apply at all times on the Adult Business premises, including during, after and before a performance. 0) Rest room facilities shall be provided in accordance with applicable state and County laws and regulations. Where Adult Material is viewed, used or consumed on the premises, the Adult Business shall provide and maintain separate rest room facilities for males and females. Males shall be prohibited from using the rest room(s) for females, and females shall be prohibited from using the rest room(s) for males, except to carry out duties of repair, maintenance and cleaning of the rest room facilities. The rest rooms shall be free from any Adult Material. Rest rooms shall not contain television monitors or other motion picture or video viewing, projection, recording or reproduction -25- 7 8 9 10 11 12 13 14 15 16 17 18 IM 20 21 22 23 24 25 26 27 '04-11 equipment. (k) Adult Businesses shall employ security guards in order to maintain the public peace and safety, based upon the following standards: (1) Adult Businesses featuring live entertainment shall provide at least two security guards at all times while the business is open. If the actual occupancy of the premises exceeds 35 patrons, then at least three security guards shall be on duty. If the actual occupancy of the premises exceeds 70 patrons, then at least four security guards shall be on duty. One additional security guard shall be on duty for each additional 35 patrons over 70. (2) Security guards for other Adult Businesses may be required if it is determined by the Director or Sheriff that their presence is necessary in order to prevent any of the conduct listed in section 15-118(c)(2) of this Article from occurring on the premises. (3) Security guards shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of these regulations. Each security guard shall be uniformed in such a 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 law. No security guard required pursuant to this subsection shall act in any other capacity for the Adult Business, such as a door person, ticket seller, ticket taker, admittance person, Operator, or sole occupant of the establishment, while acting as a security guard. Sec. 15-121. Nudity regulations. (a) This section shall apply only to Adult Business Bars. (b) No waiter, waitress, server or Performer on the premises of an Adult Business Bar shall appear in a state of Nudity. (c) No Operator or Permittee of an Adult Business Bar shall permit or allow any waiter, waitress, server or Performer on the premises of the Adult Business Bar to appear in a state of li Nudity. This subsection (c) shall not apply to a person who is a Permittee solely because he or she holds an Adult Business Performer Permit. �►2,� 04 3 4 5 6' 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (d) This section shall not apply to any Adult Business Bar that (i) prior to January 1, 1999, has been adjudicated by a court of competent jurisdiction to be a theater, concert hall or similar establishment primarily devoted to theatrical performances for purposes of Penal Code sections 318.5 and/or 318.6, or (ii) by action of the County has been issued an Adult Business Permit allowing the business to operate on or before July 1, 1998 as a theater, concert hall or similar establishment primarily devoted to theatrical performances for purposes of Penal Code sections 318.5 and/or 318.6. Sec. 15-122. Persons under the age of 18 years prohibited. It shall be unlawful for any Permittee or Operator to employ or utilize as an independent contractor at an Adult Business any person who is not at least 18 years of age. It shall be unlawful for any Permittee or Operator to permit to enter, or remain within the Adult Business, any person who is not at least 18 years of age. Sec. 15-123. Inspection. An Applicant or Permittee shall permit representatives of the County Development Services, Sheriffs, Fire and Environmental Health Departments to inspect the premises of an Adult Business for the purpose of ensuring compliance with its permit, applicable laws, and the development and performance standards applicable to Adult Businesses, at any time it is open for business. An, Operator and the Adult Business Permittee shall be in violation of the provisions of this Article if he or she refuses to permit such lawful inspection of the premises at any time it is open for business. Sec. 15-124. Enforcement. (a) The County Development Services Department shall be principally responsible for any investigation and enforcement regarding the land use and zoning restrictions under this Article. For all other complaints and enforcement matters under this Article, the County Sheriff s Department shall be principally responsible for the investigation and enforcement. (b) Any violation of this Article may be enforced as follows: (1) A violation of this Article by any person or entity is hereby declared to be a -27- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16' 17 18 19 20 21 22 23 24 25 26 27 28 public nuisance. Any Adult Business, in which the Operator and/or Adult Business Permittee commits, allows or permits a violation of this Article, is hereby declared to be a public nuisance. Any such public nuisance may be enjoined in the manner provided by law for abatement of public nuisances; (2) Any violation of this Article shall be grounds for suspension or revocation of the Adult Business Permit for the premises; (3) Any violation of this Article by a Performer shall be grounds for suspension or revocation of the Performer's Adult Business Performer Permit; or (4) Any other remedy provided by law (but not including any criminal remedies or sanctions). Sec. 15-125. Regulations nonexclusive. The provisions of this Article are not intended to be exclusive, and compliance with this Article shall not excuse noncompliance with any other provision of the Butte County Code or other ordinances or regulations pertaining to the operation ofbusinesses as adopted by the Board. The owner and Operator of an Adult Business shall comply with all other applicable federal, state and County laws, ordinances and regulations. Sec. 15-126. Time limit for filing application for permit. All persons who currently operate a business defined as an Adult Business under this Article must apply for and obtain an Adult Business Permit within 10 days of the effective date of this Article, except persons operating such a business pursuant to a valid, current Adult Business Permit issued under Ordinance No. 3445 or any extension thereof. Failure to do so and continued operation of an Adult Business, or the continued live performances by Performers in an Adult Business after such time without a permit, shall constitute a violation of this Article. An Adult Business operating under a valid, current Adult Business Permit issued under Ordinance No. 3445 or any extension thereof shall not be regarded as a nonconforming use subject to amortization and termination pursuant to section 15-127. Sec. 15-127. Amortization of nonconforming Adult Business uses. -28- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 41 (a) General. Any Adult Business. use of real property existing on September 16, 1998 (the effective date of Interim Ordinance No. 3445), that does not conform to the location provisions of this Article, but which was constructed, operated and maintained in compliance with all previous ordinances, shall be regarded as a nonconforming use which may be continued for five years after September 16, 1998. On or before the end of such five year period, all such nonconforming uses shall be terminated unless an extension of time has been approved by the Board of Supervisors as provided below. Any discontinuance or abandonment of the use of any real property or structure as an Adult Business during the five year period shall result in a loss of the legal nonconforming status of such use. The owner or operator of a nonconforming use may apply under the provisions of this section to the Board for an extension of time within which to terminate the nonconforming use. (b) Time and manner of application for extension. An application for an extension of time within which to terminate a nonconforming use may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. Such an application must be filed with the Clerk of the Board of Supervisors at least 90 days prior to the time established for'termination of such use. (c) Content of application; fees. The application shall be the same as the Adult Business Permit application and it shall state the grounds for requesting an extension of time. The filing fee for such application shall be in the same amount as the administrative permit fee specified in Butte County Code section 3-43, subsection 17. (d) Hearing procedure. The hearing and appeal procedure shall be the same as specified for a permit revocation/suspension proceeding in sections 15-118(b) and 15-119. (e) Approval of extension; findings. An extension under the provisions of this section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the Board makes all of the following findings or such other findings as are required by law: (1) The Applicant has made a substantial investment in the property or structure on or in which the nonconforming Adult Business use is conducted; such property or structure. cannot be readily converted to another use; and such investment was made prior to September 16, 1998; -29- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (2) The Applicant will be unable to recoup said investment as of the date established for termination of the use; and (3) The Applicant made good faith efforts to recoup said investment and to relocate the use to a location in conformance with this Article. SECTION 5. Section 24-140 of the Butte County Code is hereby amended to read as follows: SECTION 24-140 C-1 (LIGHT COMMERCIAL) ZONE (a) Uses permitted: (1) Hotels and motels, clubs, lodge halls, bed and breakfast inns, churches, immediate care medical clinics. (2) Retail stores and shops of light commercial character and conducted within a building, including, but not limited to, appliance stores, banks, barbershops, beauty parlors, bookstores, cleaner or laundry agents and launderettes, clothing stores, convenience stores, departments stores, day care facilities, dress shops, drugstores, food stores, furniture stores, health clubs, mini storage, professional and business offices, restaurants with no drive thru service, shoe shops, studios and tailor shops, public utility commercial offices, video rental stores. (3) Outdoor advertising signs, new automobile sales, amphitheaters and theaters. (4) Adult hotels and motels, subject to the requirements of Article IV, Adult Business Regulation, of Chapter 15 of this Code. (b) Accessory uses: (1) A single family dwelling or modular home as an accessory use to a commercial use listed above, subject to the site requirements of Section 24- 75. (c) Uses requiring Use Permits: The following uses are permitted subject to a Use Permit: (1) Residential uses not in conjunction with a permitted use, recreational vehicle -30- 1 2 3 4 5 6 7 8 9 10 11 1 12 1 13 14 15 16 17 18 19 20 21 22 23 24 25 PON 27 1 28 1 parks, multi -family dwellings, and mobile home parks. (2) Public and quasi -public uses not specifically allowed in (a) of this Section. (3) Small animal hospitals, mortuaries, hospitals, sanitariums, used car sales, used or secondhand goods, pawn shops, refreshment stands, service stations that offer repair services, auto body shops, auto repair shops, restaurants that have drive through service, shopping malls and shopping centers on sites of five (5) acres or greater, commercial recreation uses and other uses which are of similar character. (4) Recycling facilities as per Section 24-275. (d) Uses requiring an Administrative Permit: The following uses may be permitted subject to the requirements of Section 24-40: (1) Temporary uses as listed in Section 24-300. (2) Reverse vending machine and small collection recycling facilities pursuant to Section 24-275. (e) Site requirements: The following site requirements shall apply: (1) Lot width required: Minimum lot width shall not be less than forty-five (45) for commercial uses. The lot width requirements for residential uses shall conform to Section 24-75 and 24-80 of this code. (2) tvtinimum lot size: None, for commercial uses, except as required to meet parking and building site development requirements and minimum sewage disposal requirements of Chapter 19 of the Butte County Code. Residential uses shall meet the requirements of Section 24-75 and 80. (3) Side yard requirements: None, except when the side of a lot abuts upon the side of a lot that is zoned to allow a residential use, in which case the side yard shall be not less than ten (1.0) feet. The side yard requirements for residential uses shall conform to Section 24-75 of this code. (4) Rear yard: None, except where the rear yard abuts a lot that is zoned for to allow a residential use, in which case the rear yard shall be not less than ten -31- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (10) feet. The rear yard requirements for residential uses shall conform to Section 24-75 of this code. SECTION 6. Section 24-145 of the Butte County Code is hereby amended to read as follows: SECTION 24-145 C-2 (GENERAL COMMERCIAL) ZONE (a) Uses permitted: (1) All uses permitted in C-1 (Light Commercial) Districts. (2) General commercial uses, including art shops, aviaries, bars and cocktail lounges, billiard parlors and pool halls, bowling alleys, building material sales, cleaning and pressing establishments, dance halls, interior decorating shops, employment, agencies, governmental legislative buildings, gymnasiums, public, commercial or physical cultural studios, hospitals, hotels and motels, laboratories and X-ray facilities, massage parlors and reducing salons, equipment rentals, pet shops, new and used car sales, repair garages, auto car washes, plumbing shops, cabinet shops, sign manufacturing shops, restaurants with drive through facilities, and other similar uses. (3) Adult hotels and motels, subject to the requirements of Article IV, Adult Business Regulation, of Chapter 15 of this Code. (b) Accessory uses: (1) A single family dwelling or modular home as an accessory use to a commercial use listed above, subject to the site requirements of Section 24- 75. (c) Uses requiring Use Permits: The following uses are permitted subject to a Use Permit: (1) Welding shops, auto body shops. (2) Manufacturing of clothing, handicraft products, printing, lithographing and other light manufacturing or industrial uses of similar character. (3) Public or quasi -public uses not specifically allowed in Section (a), above. -32- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (4) Shopping malls and shopping centers on sites of five (5) acres or greater, commercial recreation uses, kennels and small animal hospitals, and mortuaries. (5) Recycling facilities as per Section 24-275. (6) Residential uses not in conjunction with a permitted use, recreational vehicle parks, multi -family dwellings, and mobile home parks. (d) Uses requiring an Administrative Permit. The following uses may be permitted subject to the requirements of Section 24-40: (1) Temporary uses as listed in Section 24-300. (2) Reverse vending machine and small collection recycling facilities pursuant to Section 24-275. (e) Site requirements: The following site requirements shall apply: (1) Lot width required: Minimum lot width shall not be less than forty-five (45) feet for commercial uses. The lot width requirements for residential uses shall conform to Sections 24-75 and 24-80 of this code. (2) Minimum lot size: None, except as required to meet parking and building site development requirements and minimum sewage disposal requirements of Chapter 19 of the Butte County Code. Residential uses shall meet the requirements of Section 24-75 and 80 of this code. (3) Side yard requirements: None, except when the side of a lot abuts upon the side of a lot that is zoned to allow a residential use, in which case the side yard shall be not less than ten (10) feet. The side yard requirements for residential uses shall conform to Section 24-75 of this code. (4) Rear yard: None, except where the rear yard abuts a lot that is zoned to allow a residential use, in which case the rear yard shall be not less than ten (10) feet. The rear yard requirements for residential uses shall conform to Section 24-75 of this code. -33- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17i 18 19 20 21 22 23 24 25 26 27 28 SECTION 7. Section 24-150 of the Butte County Code is hereby amended to read as follows SECTION 24-150 C -C (COMMUNITY COMMERCIAL) ZONE (a) Purpose: The purpose of the community commercial (C -C) zone is to provide a wide range of facilities for the sale of goods and provision of personal services. When applied to shopping areas, the uses are generally conducted within a building, and may range in size from neighborhood centers, which may have a supermarket as a principal tenant, to a commercial center, which may also include a department or variety store as a principal tenant. When applied to commercial areas of town centers or other existing places with similar activities, the uses may be broadened to include outdoor retail uses, such as auto sales. (b) Uses permitted within buildings. The following uses are permitted in the C -C zone: (1) Retail stores and shops of a light commercial character including appliance stores, banks or other financial institution that provides a direct service to the public, insurance or real estate sales, barbershops, beauty parlors, bookstores, dry cleaning, laundry or laundromat, day care centers, dress shops, drugstores, market or grocery stores, furniture stores, millinery shops, standard restaurants which may serve alcoholic beverages with meals, refreshment stands, service stations, auto lube facilities and auto wash facilities, studios, tailor shops; business, professional or medical office; medical, dental or optical laboratory; blueprinting, photocopying or lithography store; nursery or garden supply; travel or ticket agency; repair shops for shoes, radios, televisions or other domestic appliances; and other uses which are of similar character to those enumerated and which will not be detrimental or obnoxious to the neighborhood in which they are to be located. (2) Hotels, motels, health clubs, service clubs and lodge halls, churches, hospitals, sanitariums. (3) Adult hotels and motels, subject to the requirements of Article IV, Adult -34- 1 2 3 4 5 6 7 8 9 10 11. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 Business Regulation, of Chapter 15 of this Code. (c) Uses requiring a Use Permit: (1) Multiple dwellings and dwelling groups, subject to the height limit, building site area three thousand two hundred fifty (3,250) square feet per unit, average lot width and yard requirements specified in the R-3 zone. (2) One (1) single-family residence per parcel or a single-family residence, when attached to the main building in which the commercial use exists, and the residence is inhabited by the owner, employees, or operator of the. commercial use. Any permit required for the commercial use must first be secured. (3) Mobile Home Parks not to exceed ten (10) dwelling units per acre. (4) Public and quasi -public uses. (5) Small Animal Hospitals -(indoor kennels only). (6) Sales of new or used autos, boats or motorcycles, dancing academies or halls, open-air retail sales, theaters, bowling alleys, skating rinks, pet shops, wholesale stores, mini -storage facilities, mortuaries, used or secondhand goods, and other uses which are -of similar character. (7) Recycling facilities as per Section 24-275. (d) Uses requiring an Administrative Permit: The following uses may be permitted subject to the requirements of Section 24-40: (1) Temporary uses as listed in Section 24-300. (2) Reverse vending machine and small collection recycling facilities pursuant to Section 24-275. (e) Site development standards. The following development standards shall apply to all development in the C -C zone, except that specific standards may be modified by Use Permit if the approving body finds that the modification is necessary to provide a superior project design over what would ordinarily occur with the basic standards and that the modified project fits harmoniously with the surrounding area. -35- FA ka 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 (1) Maximum Structural Height: Forty-five (45) feet. (2) Minimum Building Site Area: Ten thousand (10,000) square feet. (3) Minimum Lot Width: The minimum lot width is sixty-five (65) feet. (4) Minimum Front Yard Required: Twenty (20) feet for all buildings or structures except that off-street parking areas shall have a minimum of ten (10) feet. (5) Minimum Side Yard Required: None, except when the side of a lot abuts upon the side of a lot that is zoned to allow a residential use, in which case the abutting side yard shall not be less than ten (10) five. The street side of a corner lot shall have a twenty (20) feet setback for all buildings or structures except that off-street parking areas shall have a minimum of ten (10) feet. (6) Minimum Rear Yard Required: None, except that it shall be twenty (20) feet when adjacent to a zone that allows a residential use. (7) Parking Required: Off -Street parking and loading shall be provided in conformance with the provisions of Section 24-240, said parking areas shall be paved and striped to County Standards. (8) Landscaping: Landscaping requirements shall be provided in conformance with the provisions of Section 24-240.10. (9) Outdoor Lighting Required: All lighting, exterior and interior, shall be designed and located so as to confine direct lighting to the premises. A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted. No lighting shall be of the type or in a location such that it constitutes a hazard to vehicular traffic, either on private property or on abutting streets. (10) Signs: Building signs shall not exceed a combined size of one (1) square foot in area for each lineal foot of building frontage. (11) Outdoor Trash Storage: All outdoor trash storage and collection facilities -36- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 16 17 18 19 20 21 22 23 24 25 26 27 28 shall be enclosed by a solid masonry wall or view -obscuring fence at least one (1) foot higher than the trash container. (12) Zone Walls: Where a commercial use adjoins a residential zone or use, the following shall apply: a. Install and maintain a sound -deadening wall (such as slumpstone) of six (6) to eight (8) feet in height or a planted berm six (6) feet in height or a combination wall and berm on any exterior boundary line which is a common property line with any residential zoning district. b. The wall shall not exceed three (3) feet in height within twenty (20) feet of the right-of-way. C. Where a topographic, natural vegetative barrier or a grade differential exists between the two properties or if there is a significant distance between the uses that will provide the same buffering, exceptions to the wall or berm regulations may be made, in whole or in part with review and approval by the Director of Development Services. (13) Noise: Noise generated by the commercial use shall be restricted to sixty (60) decibels (dB) at the common property line for a period of six (6) hours per day with no noise exceeding eighty (80) dB. SECTION 8. Section 24-155 of the Butte County Code is hereby amended to read as follows SECTION 24-155 H -C (HIGHWAY COMMERCIAL) ZONE (a) Uses permitted: (1) One (1) single-family dwelling or modular home per parcel. (2) The use of a single family residence as a small family day care home, licensed family care home, foster home, or group home for mentally disordered or otherwise handicapped persons or neglected children. Said homes shall serve six (6) or fewer persons and shall be subject to all applicable State regulations and limitations. -37- I (b) Accessory uses: 2 (1) Those uses and structures normally associated with a single family residential 3 use and are in conjunction with or incidental to the residential use, including, 4 but not limited to, a garage, workshop, garden, private swimming pool, 5 private tennis court, gazebo, spa, etc. 6 (2) A Guest House as defined by Section 24-305.175. 7 (c) Uses requiring Use Permits. The following uses are permitted subject to a Use 8 Permit: 9 (1) Duplex, multi -family dwellings, bed and breakfast inns, and multiple single 10 family residences. 11 (2) Hotels and motels, clubs, lodge halls, hospitals, sanitariums and clinics. 12 (3) Retail stores and shops of light commercial character as listed in the C-1 13 zoning district. 14 (4) Outdoor advertising signs, new automobile sales, amphitheaters and theaters, 15 small animal hospitals, dance academies, pet shops, mortuaries, used car 16 sales, used or secondhand goods, refreshment stands, service stations, drive - 17 in restaurants and other uses which are of similar character. 18 (5) Recreational vehicle and mobile home parks. 19 (6) Public and quasi -public uses. 20 (7) Recycling facilities as per Section 24-275. 21 (d) Uses requiring a Minor Use Permit: The following uses may be permitted subject 22 to the requirements of Section 24-41: 23 (1) Large family daycare facilities subj ect to the requirements of Section 24-265. 24 (2) Second dwelling units subject to the requirements of Section 24-280. 25 (3) Bed and Breakfast Home. 26 (e) Uses requiring an Administrative Permit: The following uses may be permitted 27 subject to the requirements of Section 24-40: 28 (1) Home occupations subject to the requirements of Section 24-270. -38- 1 (2) Temporary uses as listed in Section 24-300. 2 (3) A temporary mobile home subject to the requirements of Section 24-295 and 3 24-295.10. 4 (f) Site requirements: The requirements of Section 24-75 of this Code are modified in 5 the following particulars for building sites in H -C zones: 6 (1) Lot width required: Minimum lot width shall not be less than sixty-five (65). 7 (2) Side yard requirements: None, except when the side of a lot abuts upon the 8 side of a lot that is zoned to allow a residential use, in which case the abut - 9 ting side yard shall not be less than ten (10) feet. The side yard requirements 10 for residential uses shall conform to Section 24-75 of this code. 11 (3) Rear yard: None, except where the rear yard abuts a lot that is zoned for to 12 allow a residential use, in which case the rear yard shall be not less than ten 13 (10) feet. The rear yard requirements for residential uses shall conform to 14 Section 24-75 of this Code. 15 16 SECTION 9. Section 24-160 of the Butte County Code is hereby amended to read as follows 17 SECTION 24-160 N -C (NEIGHBORHOOD COMMERCIAL) ZONE 18 (a) Purpose: The purpose of the neighborhood commercial (N -C) zone is to provide a 19 limited selection of retail convenience shopping and personal services within either 20 walking distance or brief driving distance of residential areas. Buildings, structures, 21 edifices, and uses shall be designed in such a manner as to blend architecturally with 22 surrounding areas and shall be compatible and neighboring uses. 23 (b) Uses permitted within buildings. The following uses are permitted in the N -C zone 24 if conducted within a building: 25 (1) Market or grocery stores, drugstores, hardware stores, variety stores, jewelry 26 stores, bookstores, barbershop, beauty salon, florist, confectionery store, dry 27 cleaning, laundry or laundromat, locksmith, restaurants and delicatessens that 28 do not have drive through service, shoe repair and similar personal services. -39- 1 (2) Professional offices, such as doctors, dentists, insurance or real estate. 2 (3) One (1) single-family residence per parcel or a single-family residence, when 3 attached to the main building in which the commercial use exists, and the 4 residence is inhabited by the owner, employee, or operator of the commercial 5 use. Any permit required for the commercial use must first be secured. 6 (c) Uses requiring a Use Permit: 7 (1) Auto -service station, self -serve and non -self -serve auto wash. 8 (2) Public and quasi -public uses. 9 (3) Recycling facilities as per Section 24-275. 10 (d) Uses requiring a Minor Use Permit: The following uses may be permitted subject 11 to the requirements of Section 24-41: 12 (1) Large family day care facilities subject to the requirements of Section 24-265. 13 (2) A Second Dwelling Unit pursuant to Section 24-280. 14 (e) Uses requiring an Administrative Permit: The following uses may be permitted 15 subject to the requirements of Section 24-40: 16 (1) Home occupations subject to the requirements of Section 24-270. 17 (2) Temporary uses as listed in Section 24-300. 18 (3) Reverse vending machine and small collection recycling facilities pursuant 19 to Section 24-275. 20 (4) Temporary second dwellings subject to the requirements of Sections 24-295. 21 and 24-295.10. 22 (f) Site development standards. The following development standards shall apply to all 23 development in the N -C zone, except that specific standards may be modified by Use 24 Permit if the approving body finds that the modification is necessary to provide a 25 superior project design over what would ordinarily occur with the basic standards and 26 that the modified project fits harmoniously with the surrounding area. 27 (1) Maximum Structural Height: Forty (40) feet. 28 (2) Minimum Building Site Area: Ten thousand (10,000) square feet. -40- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 25 26 27 28' (3) Minimum Lot Width: The minimum lot width is sixty- five (65) feet. (4) Minimum Front Yard Required: Twenty (20) feet for all buildings or structures except that off-street parking areas shall have a minimum of ten (10) feet. (5) Minimum Side Yard Required: None, except where the side of a lot abuts upon the side of a lot that is zoned to allow residential uses, in which case the abutting side yard shall be not less than the side yard required for the residential district. The street side of a corner lot shall have a twenty (20) foot setback for all buildings or structures except that off-street parking areas shall have a minimum of ten (10) feet. (6) Minimum Rear Yard Required: None, except that it shall be twenty-five (25) feet when adjacent to a zone that allows a residential use. (7) Parking Required: Off -Street parking and loading shall be provided in conformance with the provisions of Section 24-240, said parking areas shall be paved and striped to County Standards. (8) Landscaping: Landscaping requirements shall be provided in conformance with the provisions of Section 24-240.10. (9) Outdoor Lighting Required: All lighting, exterior and interior, shall be designed and located so as to confine direct lighting to the premises. A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted. No lighting shall be of the type or in a location such that it constitutes a hazard to vehicular traffic, either on private property or on abutting streets. (10) Signs: Building signs shall not exceed a combined size of one (1) square foot in area for each lineal foot of building frontage. (11) Outdoor Trash Storage: All outdoor trash storage and collection facilities shall be enclosed by a solid masonry wall or view -obscuring fence at least one (1) foot higher than the trash container. -41- 1 2 3 4. 5 6 7 8 9 10 11 12 13 1 14 1 15 1 16 17 18 19 20 21 22 23 24 25 27 1 28 1 (12) Zone Walls: Where a commercial use adjoins a residential zone or use, the following shall apply: Install and maintain a sound -deadening wall (such as slumpstone) of six (6) to eight (8) feet in height or a planted berm six (6) feet in height or a combination wall and berm on any exterior boundary line which is a common property line with any residential zoning district. a. The wall shall not exceed three (3) feet in height within twenty (20) feet of the right-of-way. b. Where a topographic, natural vegetative barrier or a grade differential exists between the two properties or if there is a significant distance between the uses that will provide the same buffering, exceptions to the wall or berm regulations may be made, in whole or in part with review and approval by the Director of Development Services. (13) Noise: Noise generated by the commercial use shall be restricted to sixty (60) dB at the common property line for a period of six (6) hours per day with no noise exceeding eight (80) dB. SECTION 10. Section 24-175 of the Butte County Code is hereby amended to read as follows: SECTION 24-175 M-1 (LIGHT INDUSTRIAL) ZONE (a) Uses permitted: (1) Wholesale and storage warehouses, minor waste tire storage facility, reverse vending machines, small and large collection recycling facilities. (2) The assembly and storage of goods, materials, liquids and equipment (except the storage of inflammable matter or explosives or materials which create dust, odors or fumes). (3) Feed storehouses and warehouses and fuel yards. (4) Industrial uses including, but not limited to, the following: the manufacturing, processing, fabricating, assembling, refining, repairing, -42- I packaging and treatment of goods, materials and products by power (oil, gas 2 or electric), including, by way of example and illustration, but not limited to, 3 the manufacturing, fabrication and assembling of bathroom shower and patio 4 partitions, enclosures and doors, windows and store fronts of aluminum, 5 plastic and fiberglass, or other suitable material, and the processing,. 6 finishing, polishing and anodizing of aluminum extrusions and castings, 7 assaying, auto repair and auto body shops, boat repair, broom, brush, and rug 8 manufacturing, die casting, draying, freighting or trucking yards or terminals, 9 heavy equipment rental or sale, heating and ventilating service shops, jewelry 10 manufacturing, lamp shade manufacturing, lumberyards, packaging plants, 11 outdoor advertising signs, printing and lithography shops, public utility 12 service yards, service stations, sign shops, truck repairing and overhauling, 13 and welding shops. 14 (5) Dyeing and rug cleaning plants, catering services, veterinary hospitals and. 15 animal shelters and kennels, cabinet and woodworking shops, construction 16 and material yards. 17 (6) Adult businesses, subject to the requirements of Article N, Adult Business 18 Regulation, of Chapter 15 of this Code. 19 (b) Accessory uses: 20 (1) Caretaker or night watchman residence accessory to a permitted use listed in 21 (a), above. 22 (2) Retail sales in conjunction with'and accessory to any of the permitted uses 23 when no more than twenty-five (25) percent of the floor space is devoted to 24 sales. 25 (3) Accessory uses and buildings pertinent to any permitted use. 26 (c) Uses requiring Use Permits: The following uses are permitted subject to the 27 securing of a Use Permit in each case: 28 (1) Any residential use not accessory to a permitted use listed in subsection (a) -43- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 25 26 27 28 above. (2) Storage of inflammables. (3) Manufacturing of acids, explosives, fertilizer, glue, gypsum, lime, plaster of pans, pulp and paper, beet sugar, crushed rock, sand and gravel, cement, concrete and/or asphalt batching plants, concrete and clay products. (4) Any use listed in Section 24-175 (a) above which, because of operational characteristics specific to the particular business or proposed location, is found by the Director of Development Services, to have the potential to negatively impact adjoining properties, businesses, or residents. Generally speaking, any M-1 use will probably require a Use Permit under this Section if the use or structure will be located less than one hundred (100) feet from the boundary of a zone that allow residential uses. (5) Junkyards and auto wrecking yards, major waste tire storage facilities. (6) Processing recycling facilities as per Section 24-275. (7) Commercial uses and conditional uses listed in subsections (a) and (c) of the C-1 and C-2 zones unless specifically listed as an allowed use in Section 24- 175 (a), above, and commercial recreation uses. (d) Uses requiring an Administrative Permit: The following uses may be permitted subject to the requirements of Section 24-40: (1) Temporary uses as listed in Section 24-300. (e) Site requirements: The requirements of Section 24-75 of this Code are modified for all building sites in M-1 zones in the following particulars: (1) Lot area and width: There is no lot area minimum and no lot width minimum except as may be required for the building and for off-street loading area and parking and that area required to meet the sewage disposal requirements of Chapters 19 and 20 of the Butte County Code. (2) Minimum Side Yard Required: None, except when the side of a lot abuts upon the side of a lot that is zoned to allow a residential use, in which case -44- r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 28 the abutting side yard shall not be less than twenty-five (25) feet. (3) Rear yard: None, except where the rear yard abuts a lot that is zoned for to allow a residential use, in which case the rear yard shall be not less than twenty-five (25) feet. (4) Truck loading and unloading space: Private off-street loading space for the handling of all goods, materials and equipment shall be provided. Such space shall be of sufficient area and of such design as to permit the parking and loading of vehicles without extending into any existing street beyond the curb line. (5) Off-street parking: The requirements of Section 24-240 shall apply. SECTION 11. Section 24-180 of the Butte County Code is hereby amended to read as follows: SECTION 24-180 M-2 (HEAVY INDUSTRIAL) ZONE (a) Uses permitted: (1) Any uses permitted in M-1 districts. (2) Industrial uses including, but not limited to, the following: Aircraft factories, asphalt batch plants, assaying, wholesale bakeries, boiler works, breweries and distilleries, can and metal container manufacturing, candle manufacturing, carbon manufacturing, chain and cable manufacturing, concrete batch plants, creameries and dairy product plants, disinfectants manufacturing, dry kilns, emery cloth and sandpaper manufacturing, enameling, feed and cereal mills, foundries, freight terminals, galvanizing and lead plating, glass or glass product manufacturing, lumber and lumber processing machinery manufacturing, metal fabrication, mobile home or recreational vehicle manufacturing, moving and storage warehouses, paper product and paper box manufacturing, petroleum distributing stations (wholesale or retail), photographic processing, plywood manufacturing, printing ink manufacturing, soap and soap compound manufacturing, starch, -45- I glucose or dextrine manufacturing, vegetable oil manufacturing, welding 2 shops and sheet metal shops, wood planing mill or woodworking plants, 3 yeast plants. 4 (3) Canneries, olive processing plants and other agricultural processing plants of 5 similar nature. 6 (4) Adult businesses, subject to the requirements of Article N, Adult Business 7 Regulation, of Chapter 15 of this Code. 8 (b) Accessory uses: 9 (1) Caretaker or night watchman residence accessory to a permitted use listed in 10 subsection (a), above. 11 (2) Retail sales in conjunction with and accessory to any of the permitted uses 12 when no more than twenty-five (25) percent of the floor space is devoted to 13 sales. 14 (3) Accessory uses and buildings pertinent to any permitted use. 15 (c) Uses requiring Use Permits: The following uses are permitted subject to the 16 securing of a Use Permit in each case: 17 (1) Any residential use not associated with a permitted use listed in subsection 18 (a) above. 19 (2) Commercial distillation of bones, abattoirs, livestock auction yards, 20 commercial livestock feed yards, commercial millings, tanneries, fat 21 rendering, garbage -fed commercial hog raising. 22 (3) The manufacturing of caustic, flammable or hazardous materials including, 23 but not limited to, the following: acetylene, acids, ammonia, asbestos, bleach, 24 caustic soda, cellulose, celluloid, chlorine, creosote, fertilizers, film, 25 flammable gasses, glue, lacquer, lime, linoleum, matches, paint, phenol, soap, 26 shellac, turpentine, or varnish. 27 (4) Dumping and disposal areas, major waste tire facilities. 28 (5) Any use listed in Section 24-180 (a) which, because of operational -46- 1 2 3 4 5 6 7 8' 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 characteristics specific to the particular business or proposed location, is found by the Director of Development Services, to have a the potential to negatively impact adjoining properties, businesses, or residents. Generally speaking, any M-2 use will probably require a Use Permit under this Section if the use or structure will be located less than one hundred (100) feet from the boundary of a zone that allow residential uses. (6) Junkyards and auto wrecking yards. (7) Commercial uses and conditional uses listed in subsections (a) and (c) of the C-1 and C-2 zones unless specifically listed as an allowed use in Section 24- 180 (a), above, and commercial recreation uses. (c) Uses requiring an Administrative Permit: The following uses may be permitted subject to the requirements of Section 24-40: (1) Temporary uses as listed in Section 24-300. (2) Large Processing recycling facilities (d) Site requirements: The requirements of Section 24-75 of this Code are modified for all building sites in M-2 zones in the following particulars: (1) Lot area and width: There is no lot area minimum. and no lot width minimum except as may be required for the building and parking and that area required to meet the sewage disposal requirements of Chapters 19 and 20 of the Butte County Code. (2) Minimum Side Yard Required: None, except when the side of a lot abuts upon the side of a lot that is zoned to allow a residential use, in which case the abutting side yard shall not be less than twenty-five (25) feet. (3) Rear yard: None, except where the rear yard abuts a lot that is zoned for to allow a residential use, in which case the rear yard shall be not less than twenty-five (25) feet. (4) Truck loading and unloading space: Private, off-street loading space for the handling of all goods, materials and equipment shall be provided. Such space -47- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 shall be of sufficient area and of such design as to permit the parking and loading of vehicles without extending into any existing street beyond the curb line. (5) Off-street parking: The provisions of Section 24-240 shall apply. SECTION 12. Section 24-305.003 of the Butte County Code is hereby amended to read as follows: 24-305.003 Adult business . Adult business means "Adult Business" as defined in Section 15-110, Article IV, Adult Business Regulation, of Chapter 15 of this Code. SECTION 13. CEQA FINDING. The Board of Supervisors finds that this Ordinance is enacted in order to mitigate the threat posed to the public peace, health and safety by adult businesses. In this regard, the findings set forth in section 2 of this Ordinance are incorporated herein by reference. This Ordinance either provides for the amendment of existing regulations applicable to Adult Businesses or provides for zoning regulations, performance and operation standards, and permitting requirements that are specifically applicable to Adult Business uses. Such uses are already allowed under the County's existing zoning regulations. This Ordinance merely provides additional regulation of such uses. The Board finds that it can be seen with certainty that there is no possibility that this Ordinance may have a significant adverse effect on the environment, and therefore the adoption and implementation of this Ordinance is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines section 15061(b)(3). SECTION 14. SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstances is for any reason held to be invalid by a court of competent jurisdiction, such provision shall be deemed severable, and the invalidity thereof shall not affect the remaining provisions or other applications of the Ordinance which can be given effect without the invalid provision or application thereof. Without limiting the generality of the foregoing, the Board declares that it would have adopted each section, subsection, paragraph and provision of this Ordinance (including the separate locational, licensing and operational provisions) irrespective of I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 i 1 20 21 22 23 24 25 26 27 28 the fact that one or more other sections, subsections, paragraphs, or provisions may be declared or found to be unconstitutional, invalid or ineffective. SECTION 15. EFFECTIVE DATE AND PUBLICATION. This Ordinance shall take effect thirty (30) days after the date of its passage. The Clerk of the Board of Supervisors is authorized and directed to publish this Ordinance before the expiration of fifteen (15) days after its passage. This Ordinance shall be published once, with the names of the members of the Board of Supervisors voting for and against it, in the Chico Enterprise a newspaper of general circulation published in the County of Butte, State of California. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on the 25th day of July , 2000, by the following vote: AYES: Supervisors Beeler, Houx, Josiassen, Davis and Chair Dolan NOES: None ABSENT: None NOT VOTING: None Attest: 3lackloc of the B and SuDervi (gAordinanc\adultcln) M 06/20/2002 17:47 916-858-0499 CONDITIONAL ADULT BUSINESS REGULATORY PERMIT (Renewal) For Adult Cabaret .Only, Pursuant to Chapter 15 of Butte County Code PAGE 01 TO: Mirk Boyles FROM: Fred Davis, Interim Director, Development Services DATE: May 28, 2002 File #ADM 02-16 PURPOSE: Conditional. Adult Business Regulatory permit (Renewal) for Mark Boyles on APN# 047-100-146 for in Adult Business located at east side of Hwy. 99 about 3,000 feet. south of Hamilton Nord Cana Hwy, on property zoned Unclassified. PERMIT REQUIREMENTS: Approval of the renewal of this Conditional Adult Business Regulatory Permit is contingent upon fulfillment of the following requirements: i. Comply with provisions of Butte County Ordinance 3619, AN ORDINANCE PROHIBITING AND REGULATING CERTAIN ADULT BUSINESSES. 2. Comply witli the. provisions and requirements contained in the May 18, 2001 letter (Copy attached) from the Department of Development Services, Building Division written to Ron Bunch from Glenn Gibbons, Plans E"miner. TO THE EXTENT ANY SUCH REMODEL WORK LS ACTUALLY UNDERTAKEN 3. Comply with -any outlier provisions and requirements articulated in the letter to -George W. M. Mull dated January 17, 2002 (Copy attached) from Tom Buford, Interim Director of Development Services. 4. Required to obtain approval by the Fire Department (538-7994) prior to opening for business. S. All work required under Items #2 #3 and #4 above is to be completed by August 17, 2002, 6. The permit may be suspended or revoked if any of the terms or conditions of the Permit are violated or if any acts or omissions of the permittee in connection with the use authorized by said Permit constitute'a public nuisance. Term of Permit, only upon signature by Permittee, is from 15 October 2001 through 14 October 2004.. UNDER NO CIRCVMSTANCES W11L PERMITTEE'S OCKMON OF THIS DOCVIAEW CONSTITVTE A WAVIER OF PERMITTEES RIGHT TO OWWt TO THE CONSTYMrONALM OF ORDINANCE 3619 OR THE VALIDITY OF ANY OTHER REQUMEMENT IMPOSED BY THE COUNTY. 6-2o-n- rermtitee stgmtum Date THREE ICINGS INC, A CALIFOPMA CORPORATION BY: MARK BOYLES, ITS ppEMENT M. A. Meleka Date Principal Planner J U N 2 200-2. BUTTE COUNTY PLANNING DIVISION A B C D E I F G H 22511 TELEPHONE LOG 22521 Call * = times called 22531 Call Date Time Name Address or APN Phone # Subject Discussion Action 22541 Call Back 1.10 Beach 534-7522 2nd dwelling left message I Will wait for call back 22551 1.30 Joe Marino of KHSL Gen Question 343-1212ex251 re Dan Kohrdt acreage on Oroville Lake I still researching for project 22561 1.40 John Starr Gen Question 589-2574 He will come in to the office early tomarrow moringing 2257 2.15 Judy Gen Question 891-6992 adjoining prop owner is dirt biking, noise etc, explained we have no noise ordnc 2258 3.00 Robert McCorkal 028-020-015 742-0577 air strip I is it allowed in zone A-5 zone allowes air strip for ag 2259 3.30 Robert Biggs Gen Question 846-5451 status of prjct I DET 02-05, my prjct I reported status of my work 2260 Note 6 calls not logged, 5 counter customers, can find no application for a private recreation facility on Kohrdt's property in the 072-180-012 et al area. 2261 24 -May -02 6.30 John Starr several APNs 589-2574 will come in again later 2262 7.00 Joe Marino of KHSL Gen Question 343-1212ex251 re DanKohrdt acreage on Oroville Lake still researching for project 2263 7.15 Floyd Scott/bldg pmt 02-0540 Gen Question 589-1734 re Marazzo see #2246, determined that setback for neighbor is 0' 2264 12.30 Rob MacKenzie Re Boyles 7621 Finised final draft report, approved by Meleka, and delivered to MacKenzie office 2265 Note 11 calls not logged, 3 counter customers, very slow day *********************** 2266 27 -May -02 Holiday 2267128 -May -02 6.40 Daniel Ostrander 043-290-044 345-7323 Letter oking use of extra parking stalls at business across from his apts, see 2217 2268 7.30 David Saad 041-110-112/028 no hone He willYcome into discuss merger process and land use issues around 3pm 2269 „9.3 0 iA Rob MacKenzie Re Boyles 7621 Discussed final "Renewal"appl ation with Rob he has oked'language etc 2270 1'1:40 Patty McCarthy/A-5 022-201-018 846-4955 2nd dwelling Mini storage, neither is ok, guest`113use deTempNIR —w/ADM 2271 11.55 Barbara Ruff **** 896-3113 Bed and Breakfast SR zone, AR GenP, I MUP for B&B in SR zone 2272 1.50 Wendy 043-610-007 891-1637 splitable SR zone, lot is splitable but referred her to EnvH, nitrait prob 2273 2274 _ 2275 2276 2277 2278 2279 2280 .2281 2282 2283 2284 2285 2286 2287 2288 2289 22901-- 2291 - --- 2292 — - --- 07/16/02 15:16 FAX 530 538 6891 BUTTE COUNTY COUNSEL PLANNING 11 001 BRUM S. ALPERT COUNTY COU NStL OFFICE OF COUNTY COUNTY OF BUTTE 25 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3380 PHONE (530) 538-7621 FAX (530) 538-6891 cou ntycou asdab u ttecounty. net Post -Its Fax Note 7671 Date -/'9 �6 Wyss► To CQAI-4. 2) a its� it Fro ao ColpepL Go.` - Phone # S Phone A Fax a —2 7 9 Fax R G July 16, 2002 Mr. Mark Boyles Three Kings, Inc. Dba Centerfolds 15430 Highway 99, North Chico, CA 95973 Re: Your Conditional Adult Business Regulatory Permit Dear Mr. Boyles: D ECE"E J U L 16 2002 BUTTE COUNTY PLANNING DIVISION ASSISTANT COUNTY COUNSEL DAVID M. MCCLAIN IMIEF DEPUTY COUNTY COUNSEL ROBERT W. MACKENZIE DEPUTY COUNTY COUNSEL FELIX wANNENMACTIER ELIZABETH MCGIE ROGER S. WILSON Thank you for signing and returning the Conditional Adult Business Regulatory Permit that Department of Development Services (DDS) sent you on May 28, 2002. After I received a copy of the permit you had signed and amended, I reviewed both the Adult Business Ordinance and Butte County's Zoning Ordinance. Neither requires that you consent to the conditions imposed by the Permit. I also contacted DDS and was informed that DDS agrees that there is nothing in either of the above two ordinances which requires that the applicant to agree to the conditions of an Conditional Adult Business Regulatory Permit by signing the permit. Therefore, I have advised DDS to redact the amendments you made to the permit conditions and DDS has done so. The attached permit is a copy of the permit you sent back which shows the redactions. You are on notice that the conditions in the Permit attached to this letter are binding on you, your employees and the performers and patrons at the club, without your consent to those conditions. As I have previously indicated, The duration of the Permit is three (3) years, beginning on October 15, 2001 and ending on October 14, 2004 (please see Condition ##7). Please contact the Building Division immediately and request an inspection of the facility, so that you can ultimately obtain a Certificate of Occupancy, as I have requested in my last several letters to you. You do not have a choice concerning whether or not to remodel the facility, because you must do so in order to bring the facility into compliance with the structural and operational requirements of the Adult Business Ordinance, as I have previously explained. Please also immediately cease operating an Adult Book Store (selling adult videos, etc..), because you do not have a permit to engage in such activities, which are outside the scope of the attached Permit. 1 07/16/02 15:16 FAX 530 538 6891. BVTrE COMn COIJQSEL PLANNING 0002 If you, your employees and/or the performers and patrons at the club continue to violate County requirements and prohibitions, you may be subject to disciplinary action which could result in suspension or revocation of the attached Conditional Adult Business Regulatory Permit. Thank you very much for your courtesy and anticipated cooperation in this matter. If you have any questions, or wish to discuss this matter further, please do not hesitate to call me. Very truly yours, Bruce S. Alpert, Butte County Counsel By Robert W- MacKenzie Chief Deputy County Counsel cc: Bred Davis, Interim Development Services Director Michael Vieira, Development Services Carl Durling, Development Services G:%xo11\b*YteM.7d K CliicoER.com: News Page 1 of 3 Monday, July 08, 2002 Email this story I Print this story ] News Exotic dancers want prostitution charges dropped By TERRY VAU DELL - Staff Writer OROVILLE - As a felony pandering trial gets underway today for the manager of a north Chico nude dance club, 10 female strippers employed there are seeking dismissal of related prostitution charges on grounds that none of their male customers was arrested in the high-profile police sting. Attorneys for the strippers contend that constitutes "discriminatory prosecution based on gender." The accusation comes on the heels of a federal civil-rights lawsuit charging that Butte County law enforcement committed "illegal acts of intimidation and harassment" to try to shut down the strip club, formerly known as the First Amendment Gentlemen's Club. District Attorney Mike Ramsey denied charges that his office has intentionally prosecuted female prostitutes but not their "johns." He contends that two undercover sheriffs officers, who reportedly spent some five months investigating alleged drug and prostitution complaints at the strip club, were unable to identify any of the male customers because to do so would have "blown (the officers') cover." During the probe, the officers found no evidence of sexual intercourse for money at the strip club, which has been renamed Centerfolds. But the prosecution contends that surveillance videos showing nude dancers grinding their breasts and crotches into the faces of mostly male customers for tips meets the legal definition of a lewd act for money. A jury is scheduled to be selected today to hear 10 felony pandering charges against the manager of the club, Stephen Dana Clark, 53, of Chico. Clark, a former volunteer firefighter, denies that he did anything other than exchange dollar bills given to the dancers for larger currency, and that he never profited from the alleged fleshy contact between the nude dancers and their mostly male customers. Testimony in what is believed to be the first trial of its kind in Butte County is scheduled to start next week. Meanwhile, Judge Thomas Kelly has taken under submission a defense motion seeking to dismiss misdemeanor prostitution charges against the 10 named strippers. Jodea Foster, a Chico attorney for one of the nude dancers, Shannon Michelle Staudinger, 21, maintains that any contact they had with the club's customers was not an act of prostitution. And even if it could be construed as such, the charges against the female strippers should be dismissed because none of the male patrons who tipped them for their services was prosecuted. In his written motion, the Chico attorney pointed out: "Prostitution is illegal.... The state cannot prosecute only the females and not the males without violating the equal protection and due process clauses of the http://www.chicoer.com/display/inn—news/news1.txt 7/8/2002 Chit oER.com: News Page 2 of 3 United States Constitution and California Constitution." At a court hearing last week on the issue, the two undercover sheriffs officers, Evan Attaway and Jack Storne Jr., testified they decided on their own not to arrest the men who tipped the nude dancers. The deputies conceded having several meetings in the district attorney's office regarding the undercover sting, but denied receiving specific instructions not to gather evidence against the patrons. In an attempt to rebut those claims, lawyers for the strippers submitted a departmental memo to the judge from Attaway to sheriffs Lt. Jerry Smith. "The question of the "johns" was addressed several times in meetings with (deputy district attorney Leo Barone) during the course of the investigation," Attaway wrote his superior. "Detective Stome and I thought it was agreed upon that no attempt would be made to prosecute any of the johns," the memo concluded. Ramsey denied instructing the officers not to arrest the male patrons. And he insisted that his office has no policy of only prosecuting female prostitutes and not their johns. "There is no discriminatory prosecution," the DA responded. According to their report, though the undercover deputies found no evidence of sexual intercourse for money at the First Amendment Gentlemen's Club, they reported witnessing several such illegal acts at a warehouse that doubled as a massage parlor, operating under the name Vanessa Andrews Studios on Cohasset Road near the Chico Municipal Airport. A former female manager of the nude dance club, Rachel Gonzalez, 29, of Chico, pleaded no contest to misdemeanor prostitution charges in connection with the Cohasset Road bust and was placed on probation with no jail time, court records show. But apparently none of her male customers was arrested, even though the officers reportedly witnessed them through a window at the airport warehouse engaging in sexual intercourse and oral copulation for money with at least three women, including Rodriguez, lawyers for the strippers say. According to Chico attorney Anthony Cardoza, who represents one of the nude dancers charged in the undercover police sting, subpoenaed law enforcement records reveal that "in the past two years, only one male "john" was ever arrested for prostitution in Butte County." That occurred when police "stumbled across" the a female prostitute and her male customer having sex for money in a car, Cardoza said. The defense contends that the judge can dismiss prostitution charges against the First Amendment dancers either by ruling there was a "plan" not to prosecute their male customers or that law enforcement has demonstrated "a statistical pattern of discrimination." Ramsey responded: "We do prosecute johns." Prostitution arrests in this county are infrequent, so Ramsey said its not a surprise that only one man was charged with such a crime in the last couple years. http://www.6hicoer.com/display/inn—news/newsi.txt 7/8/2002 ^ . CIScoER.com: News Page 3 of 3 "In this (strip club) case, because of operational considerations, the sheriffs office only turned over the names of the dancers. We can only prosecute what is given to us," he said. http://www.chicoer.com/display/l*nn—news/newsi.txt 7/8/2002 _ WhicoER.com: News � Wednesday, July 03, 2002 News County officials sued over strip club sting By TERRY VAU DELL - Staff Writer OROVILLE - One week before a jury is to hear related criminal charges in the case, a civil lawsuit has been filed against Butte County officials.over an undercover police sting at a north Chico strip club. Paul Williams, a former co-owner of the First Amendment Gentleman's Club on Highway 99, charges that his civil rights were violated and the resultant publicity forced him to sell his interest in the nude dance club at a fraction of its worth. Acting at the behest of the Board of Supervisors, the suit alleges the district attorney and sheriff "illegally investigated (the strip club) for unfounded connections to organized crime." raui winiams, a rormer co-owner of the First Amendment club, sorts through unanswered letters he has sent of District Attorney Mike Ramsey. He is suing Butte County officials over an undercover police sting at the north Chico club. Ty Barbour/Enterprise-Record But the suit charges the "true goal" was to "harass and intimidate lawfully operating businesses so that they would be forced to cease operations." Responding Tuesday, Chico supervisor Mary Anne Houx - among more than a dozen local officials and law enforcement officers named in the suit - pointed out the board had "reluctantly though unanimously" approved a permit for the strip club to operate under an adult business ordinance that has since been amended. Though she conceded saying words to the effect at a board meeting that the nude dance club was "not wanted here," and later received complaints from "irate" citizens about the board's action, Houx denied the supervisors got local law enforcement to try to shut it down. "Both the sheriff and the district attorney are independently elected officials; I can't tell them what or what not to do," observed the Chico supervisor. Prior to a March 10, 2001, raid on the strip club, which is now under new management and renamed Centerfolds, two undercover sheriffs deputies posing as customers testified they spent hours secretly videotaping the premises. Although the officers admittedly found no evidence of sexual intercourse for money inside the club, 10 nude or topless female dancers were nevertheless charged with misdemeanor prostitution after allegedly being filmed rubbing their breasts and groins into the faces of customers for tips. The club's manager, Stephen Dana Clark, 53, is scheduled to go on trial next week in Superior Court on 10 felony "pimping" charges, which could net him more than 160 years in prison if he's convicted under Page 1 of 2 http://www.chicoer.com/display/inn—news/news4.txt 7/3/2002 I=) 1` ��,,hicoER.com: News Page 2 of 2 California's three -strikes law. The civil rights lawsuit brought by the club's former owner alleges the police sting "was motivated not by the desire to investigate the possibility of criminal activity ... but rather by an improper political motive to drive two lawfully operating businesses out of the county by way of official police harassment and intimidation." Joining Williams in bringing the suit in San Francisco Federal Court is Daylyn Presley, the owner of Vanessa Andrews Studios, a Chico massage parlor that was also targeted in the undercover police operation. Presley alleges that when one of his female employees who had previously worked at the Chico strip club refused to perform oral sex with an undercover sheriffs deputy, officers raided the massage parlor and his private home, seizing personal items even though - like Williams - he has never been charged with any criminal offense. As a result of the police action, Presley says he was forced to sell the massage business at a loss of about $80,000. Williams, 67, a former chemist for 45 years, told the Enterprise -Record he bought half interest in the north Chico strip club "for something to do upon retirement," for $100,000 and sold it for $15,000 two weeks after the raid. Williams says he can't understand why authorities refuse to return property taken during an armed search of his Chico residence, including computer equipment and papers he needs for tax purposes. "It just ticks me off they are so arrogant; they won't even respond to my letters," said the former strip club owner. Sued both individually and in their official capacities are the Board of Supervisors, District Attorney Mike Ramsey, Sheriff Scott Mackenzie and more than a dozen officers and investigators from four law enforcement agencies which reportedly took part in last year's raid. The suit alleges Ramsey used the high-profile sting "as part of a campaign to clean up the county, and bolster his political standing." It also seeks to hold the sheriff financially liable for the actions of the estimated 31 officers who took part in the strip club raid. The lawsuit asks a federal jury to award Williams and Presley undisclosed general and punitive damages for civil rights violations, emotional distress and financial loss attributable to the police sting. It also seeks a court injunction "prohibiting further acts in violation of plaintiffs constitutional rights of free expression, free association and privacy." Mackenzie and Ramsey did not immediately return phone calls Tuesday seeking comment about the lawsuit. Mary J. Boswirth of the San Francisco law firm of Drexel A. Bradshaw that brought the federal civil action, said she preferred that the suit "speak for itself." http://www.chicoer.com/display/inn—news/news4.txt 7/3/2002 Durling, Carl From: MacKenzie, Robert Sent: Wednesday, April 03, 2002 11:21 AM To: Durling, Carl Subject: RE: Centerfold I was hoping that you would discuss this situation with Meleka and Fred, so they can decide what the approach will be. Then they can decide how they want me to be involved. I don't want to be the lead on this. My role has sort of evolved into the lead role, but the Director of DDS is the decision maker under the ordinance. -----Original Message ----- From: Durling, Carl Sent: Wednesday, April 03, 2002 11:03 AM To: MacKenzie, Robert Subject: RE: Centerfold That is fine with me, but you should be asking Fred Davis or Meleka. Carl -----Original Message ----- From: MacKenzie, Robert Sent: Wednesday, April 03, 2002 10:21 AM To: Durling, Carl Subject: RE: Centerfold Well, I don't think we need to do anything right now. We need to give them some time and keep documenting violations. I didn't give him a specific deadline, but I think we could wait about a month. What do you think? -----Original Message ----- From: Durling, Carl Sent: Tuesday, April 02, 2002 3:44 PM To: MacKenzie, Robert Subject: RE: Centerfold Yep! Good luck with them. You know where it is heading. Let me know if I can help. Carl -----Original Message ----- From: MacKenzie, Robert Sent: Tuesday, April 02, 2002 3:43 PM To: Durling, Carl Subject: RE: Centerfold Thanks. Did you get your hard copy of the letter that went out to Boyles last week? -----Original Message ----- From: Durling, Carl Sent: Tuesday, April 02, 2002 1:37 PM To: MacKenzie, Robert Subject: Centerfold Rob: Centerfold is advertising in Chico News and Review, page 33 of current issue, including "Video/Toy Store Open 10am-2am". Thought you might be interested. Carl D. Durling, Carl From: MacKenzie, Robert Sent: Wednesday, April 03, 2002 10:21 AM To: Durling, Carl Subject: RE: Centerfold Well, I don't think we need -to do anything right now. We need to give them some time'and keep documenting violations. I didn't give him a specific deadline, but I think we could wait about a month. What do you think? -----Original Message ----- From: Durling, Carl Sent: Tuesday, April 02, 2002 3:44 PM To: MacKenzie, Robert Subject: RE: Centerfold Yep! Good luck with them. You know where it is heading. Let me know if I can help. Carl -----Original Message ----- From: MacKenzie, Robert Sent: Tuesday, April 02, 2002 3:43 PM To: Durling, Carl Subject: RE: Centerfold Thanks. Did you get your hard copy of the letter that went out to Boyles last week? -----Original Message ----- From: Durling, Carl Sent: Tuesday, April 02, 2002 1:37 PM To: MacKenzie, Robert Subject: Centerfold Rob: Centerfold is advertising in Chico News and Review, page 33 of current issue, including "Video/Toy Store Open 10am-2am". Thought you might be interested. Carl D. Durling, Carl From: MacKenzie, Robert Sent: Tuesday, April 02, 2002 3:43 PM To: Durling, Carl Subject: RE: Centerfold Thanks. Did you get your hard copy of the letter that went out to Boyles last week? -----Original Message ----- From: Durling, Carl Sent: Tuesday, April 02, 2002 1:37 PM To: MacKenzie, Robert Subject: Centerfold Rob: Centerfold is advertising in Chico News and Review, page 33 of current issue, including "Video/Toy Store Open 10am-2am". Thought you might be interested. Carl D. Durling, Carl From: MacKenzie, Robert Sent: Thursday, March 28, 2002 9:48 AM To: Durling, Carl Subject: FW: Draft letter to Boyles Contacts: Shanahan dick Let me know what you think. You have WP? Scott Rutherford does. -----Original Message ----- From: MacKenzie, Robert Sent: Wednesday, March 27, 2002 4:21 PM To: 'shanahan, dick' Subject: Draft letter to Boyles Attached is the above. I made the decision not to�require'him to -reap , even though my last letter said he'd need to if he didn't sign and return the permit within 30 days. Please let me know whether you think the tone is too adversarial and/or unnecessarily harsh. Further, if you think I forgot to bring something up I needed to, let me know. I don't think there's a need to bring up the video sales or security guard issues again, as I've now told him to operate the club at all is illegal without the permit. Do you agree? Is it now again time to threaten any action or any potential actions, as I did last boAes2.wpd letter? Maybe not. Maybe just ask for compliance now. Robert MacKenzie Butte County Counsel (530) 538-7621 ATTORNEY CLIENT/WORK PRODUCT PRIVILEGE CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents or messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering this e-mail to the intended recipient, then you are (1) notified that any disclosure, copying, distribution, saving, reading or use of this information is strictly prohibited, (2) requested to discard and delete this e-mail and any attachments, and (3) requested to immediately notify us by e-mail that you mistakenly received this message(countycounsel@buttecounty.net), fax (530) 538-6891, or telephone (530) 538-7621. Thank you. Durling, Carl From: MacKenzie, Robert Sent: Tuesday, February 12, 2002 9:01 AM To: Durling, Carl Subject: RE: sample Admin Permit Yes, I think we should. Attached is my draft letter to Boyles. I think that if we add one or two paragraphs from the BOYLES. WPD sample letter to my letter, then we can use my letter to transmit the cond. admin permit. We need to add the parts about returning the permit after signing it within 30 days and the permit becoming valid after countersigning by Director. Agree? ---Original Message ----- From: Durling, Carl Sent: Tuesday, February 12, 2002 6:37 AM To: MacKenzie, Robert Subject: sample Admin Permit Attached is a sample Administrative Permit. The second page is the transmittal letter. Should we follow this pattern? If so, do you want to draft the transmittal letter? Carl << File: PERMIT.WPD >> Durling, Carl From: MacKenzie, Robert Sent: Monday, February 11, 2002 1:35 PM To: Durling, Carl Subject: RE: Permit Yes, you are correct. I just got off of the phone with outside counsel Dick Shanahan. I need to tell Mr. Boyle that he simply can't ever sell adult videos lawfully at that location, because the zoning has been changed. Hence, there is no such thing as obtaining a 24-35.15 use permit for expansion of an adult nonconforming use in the Unclassified zone. I'm going to change my letter to inform him of this. -----Original Message ----- From: Durling, Carl Sent: Monday, February 11, 2002 10:53 AM To: MacKenzie, Robert Cc: Meleka, M.A. Subject: Permit Bob: Attached is the final revised "Adult Business Regulatory Permit" in the format with changes we discussed. Am I correct in understanding that you are to determine whether Chapter 15 takes precedence over Use Permits for expansion of Nonconforming uses of Chapter 24? Carl << File: ADULT BUSINESS REGLATORY PERMIT-BOYLES.doc >> Durling, Carl From: MacKenzie, Robert Sent: Monday, February 11, 2002 9:18 AM To: Durling, Carl Subject: RE: Centerfolds OK, thank you. Sounds good. -----Original Message ----- From: Durling, Carl Sent: Monday, February 11, 2002 9:04 AM To: MacKenzie, Robert Subject: RE: Centerfolds Thanks for the complement. I'm going in to our monday morning staff meeting now. When I get out I'll finish up the "Permit" language and go over it with Meleka then email it to you. Carl -----Original Message ----- From: MacKenzie, Robert Sent: Monday, February 11, 2002 9:02 AM To: Durling, Carl Subject: RE: Centerfolds Sorry Carl, I was in Tahoe on Saturday skiing at Homewood. You are quite dedicated and I appreciate that. DDS really needs people like you now, because of the serious understaffing problem, but I'm sure I don't need to tell you that. I really appreciate your enthusiasm. It makes it easier to work on this Adult Business regulation. These guys can really be a pain. It seems apparent to me that the group in charge at Centerfolds doesn't really care to comply with our ordinance, but I guess we'll see. My letter is not quite done yet. I'm still trying to get some specifics on how they apply for a use permit. I'll talk to Dan or Craig. Thanks very much for all your efforts. It was a pleasure meeting with you. -----Original Message ----- From: Durling, Carl Sent: Saturday, February 09, 2002 9:16 AM To: MacKenzie, Robert Subject: RE: Centerfolds Hi Robert: It is Saturday morning and I'm in the office working. Hope to have the changes to the application done today and ready for you Monday. If you are in the office today call me at 7150. Carl -----Original Message ----- From: MacKenzie, Robert Sent: Thursday, February 07, 2002 3:59 PM To: Durling, Carl Subject: RE: Centerfolds ok --Original Message --- From: Durling, Carl Sent: Thursday, February 07, 2002 3:58 PM To: MacKenzie, Robert Subject: RE: Centerfolds You might email this request to Dan Breedon who has been here. longer and may know of such a letter. None has been sent since I have been here. We simply refer to the zoning ordinance requirements and applications forms. Carl -----Original Message----- From: MacKenzie, Robert Sent: Thursday, February 07, 2002 3:56 PM To: Durling, Carl Subject: Centerfolds Can you email me a letter sent to somebody telling 'em how the use permit application process works (fees, what to submit, how, many copies to submit, etc...)? CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents or messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering this e-mail to the intended recipient, then you are (1) notified that any disclosure, copying, distribution, saving, reading or use of this information is strictly prohibited, (2) requested to discard and delete this e-mail and any attachments, and (3) requested to immediately notify us by e-mail that you mistakenly received this message (countycounsel@buttecounty.net), fax (530) 538- 6891, or telephone (530) 538-7621. Thank you. Durling, Carl From: MacKenzie, Robert Sent: Monday, February 11, 2002 9:02 AM To: Durling, Carl Subject: RE: Centerfolds Sorry Carl, I was in Tahoe on Saturday skiing at Homewood. You are quite dedicated and I appreciate that. DDS really needs people like you now, because of the serious understaffing problem, but I'm sure I don't need to tell you that. I really appreciate your enthusiasm. It makes it easier to work on this Adult Business regulation. These guys can really be a pain. It seems apparent to me that the group in charge at Centerfolds doesn't really care to comply with our ordinance, but I guess we'll see. My letter is not quite done yet. I'm still trying to get some specifics on how they apply for a use permit. I'll talk to Dan or Craig. Thanks very much for all your efforts. It was a pleasure meeting with you. —Original Message ---- From: Durling, Carl Sent: Saturday, February 09, 2002 9:16 AM To: MacKenzie, Robert Subject: RE: Centerfolds Hi Robert: It is Saturday morning and I'm in the office working. Hope to have the changes to the application done today and ready for you Monday. If you are in the office today call me at 7150. Carl -----Original Message ----- From: MacKenzie, Robert Sent: Thursday, February 07, 2002 3:59 PM To: Durling, Carl Subject: RE: Centerfolds AU —Original Message ---- From: Durling, Carl Sent: Thursday, February 07, 2002 3:58 PM - To: MacKenzie, Robert Subject: RE: Centerfolds You might email this request to Dan Breedon who has been here longer and may know of such a letter. None has been sent since I have been here. We simply refer to the zoning ordinance requirements and applications forms. Carl -----Original Message ----- From: MacKenzie, Robert Sent: Thursday, February 07, 2002 3:56 PM To: Durling, Carl Subject: Centerfolds Can you email me a letter sent to somebody telling 'em how the use permit application process works (fees, what to submit, how many copies to submit, etc...)? CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents or messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering this e-mail to the intended recipient, then you are (1) notified that any disclosure, copying, distribution, saving, reading or use of this information is strictly prohibited, (2) requested to discard and delete this e-mail and any attachments, and (3) requested to immediately notify us by e-mail that you mistakenly received this message (countycounsel@buttecounty.net), fax (530) 538-6891, or telephone (530) 538-7621. Thank you. Durling, Carl From: MacKenzie, Robert Sent: Thursday, February 07, 2002 3:59 PM To: Durling, Carl Subject: RE: Centerfolds ok ----Original Message— From: Durling, Carl Sent: Thursday, February 07, 2002 3:58 PM To: MacKenzie, Robert Subject: RE: Centerfolds You might email this request to Dan Breedon who has been here longer and may know of such a letter. None has been sent since I have been here. We simply refer to the zoning ordinance requirements and applications forms. Carl -----Original Message ----- From: MacKenzie, Robert Sent: Thursday, February 07, 2002 3:56 PM To: Durling, Carl Subject: Centerfolds Can you email me a letter sent to somebody telling 'em how the use permit application process works (fees, what to submit, how many copies to submit, etc...)? CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents or messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering this e-mail to the intended recipient, then you are (1) notified that any disclosure, copying, distribution, saving, reading or use of this information is strictly prohibited, (2) requested to discard and delete this e-mail and any attachments, and (3) requested to immediately notify us by e-mail that you mistakenly received this message (countycounsel@ buttecounty. net), fax (530) 538-6891, or telephone (530) 538-7621. Thank you. Durling, Carl From: MacKenzie, Robert Sent: Thursday, February 07, 2002 3:56 PM To: Durling, Carl Subject: Centerfolds Can you email me a letter sent to somebody telling 'em how the use permit application process works (fees, what to submit, how many copies to submit, etc...)? CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents or messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering this e-mail to the intended recipient, then you are (1) notified that any disclosure, copying, distribution, saving, reading or use of this information is strictly prohibited, (2) requested to discard and delete this e-mail and any attachments, and (3) requested to immediately notify us by e-mail that you mistakenly received this message (countycounsel@buttecounty.net), fax (530) 538- 6891, or telephone (530) 538-7621. Thank you. Durling, Carl From: MacKenzie, Robert Sent: Monday, January 28, 2002 12:05 PM To: Durling, Carl Subject: First Amendment Club It also occurred to me that your dept. should send out warning letters to the two performers that have sent in applications to the Sheriffs Office to be licensed as adult performers that they also violated the ordinance by dancing Win ten feet of patrons, touching patrons and accepting tips from patrons. The two are: Tufue Tuatoo AKA "Asia" (1/27/01) and Andrea Spessard AKA "Jade" (1/27/01). The basics of the warning letter can be taken from the one I wrote for Tom to Mull and Boyles. I haven't yet received a response to the email I sent you last Friday on the application that Boyles filed with your dept. last Nov. CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents or messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering this e-mail to the intended recipient, then you are (1) notified that any disclosure, copying, distribution, saving, reading or use of this information is strictly prohibited, (2) requested to discard and delete this e-mail and any attachments, and (3) requested to immediately notify us by e-mail that you mistakenly received this message (countycounsel@ buttecounty. net), fax (530) 538- 6891, or telephone (530) 538-7621. Thank you. Durling, Carl From: MacKenzie, Robert Sent: Thursday, January 24, 2002 5:01 PM To: Durling, Carl Subject: First Amendment/ Centerfolds Please call me regarding the aboveisn't it possible to characterize the application that was transmitted to your ,department in November by Mark Boyles as a,transfer application, instead of a renewal application? Tf —so ----"now that Tom -Buford-has-senta-warning"tetter-to,Mr–Mullnd`Mr:Bo he-investigation-by-your,departrty6ritiRto alleged violations of the Ordinance has been completed and your department should process the application. You only have 30 days from the date of the letter that Tom sent the two gentlemen to complete your processing of the application(15-114(b)). I think, lif;the aapplcation you gotTfrom_ M_r"'. Boyles is complete then it probably complies with 15-116(b). If you still have his check; you -can cash'his ccheck and then deny his request for a transfer of the permit pursuant to 15-115(a), because the structure is still not in compliance with the interior design requirements of the Ordinance, because Mr. Boyles either hasn't completed the modifications to the building, or hasn't gotten a final inspection by Mike Vieira. You'd better check with Mike on that. If you don't still have his check, then a different course of action is probably warranted. CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents or messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering this e-mail to the intended recipient, then you are (1) notified that any disclosure, copying, distribution, saving, reading or use of this information is strictly prohibited, (2) requested to discard and delete this e-mail and any attachments, and (3) requested to immediately notify us by e-mail that you mistakenly received this message (countycounsel@buttecounty.net), fax (530) 538- Durling, Carl From: Mackenzie, Scott Sent: Friday, December 21, 2001 2:40 PM WISHING YOU A VERY MERRY CHRISTMAS AND HAPPY NEW YEAR MAY GOD BLESS AND WATCH OVER YOU SHERIFF SCOTT MACKENZIE AND STAFF Durling, Carl From: MacKenzie, Robert Sent: Monday, December 17, 2001 10:57 AM To: Durling, Carl Subject: RE: Valdez re modeling studio Thanks. -----Original Message ----- From: Durling, Carl Sent: Monday, December 17, 2001 10:57 AM To: MacKenzie, Robert Subject: RE: Valdez re modeling studio Nope, I don't read the paper. Keeps me uninformed and happy. Good luck on whatever it is. Carl -----Original Message ----- From: MacKenzie, Robert Sent: Monday, December 17, 2001 10:56 AM To: Durling, Carl Subject: RE: Valdez re modeling studio Thanks, I appreciate it. Things are just hectic up here. I'm sure you've been seeing some articles in the paper 11 about it. -----Original Message ----- From: Durling, Carl Sent: Monday, December 17, 2001 10:52 AM To: MacKenzie, Robert Cc: Meleka, M.A. Subject: RE: Valdez re modeling studio Sounds good to me. I'll see what I can come up with, go over it with Meleka, and then have you check it. Carl -----Original Message ----- From: MacKenzie, Robert Sent: Monday, December 17, 2001 10:50 AM To: Durling, Carl Subject: RE: Valdez re modeling studio You don't need to wait for me to modify the application if you know what it needs. I'm not sure why I agreed to take that on in the first place, but I shouldn't have done so. Usually your office does the applications. Probably the reason it isn't right in the first place is because I did it, not someone from your department. You guys know what your procedures are and what you need better than I do. I would be happy to review any amendments to the application for legal issues. So, if you want to take the first cut at it and have me review it, that's fine. Unfortunately, I have had emergency assignments for the last three days in a row and so every thing that was on the schedule to be completed for next week just got put back three days. My first priority is to do the letter for Tom to Mr. Mull on the First Amend ment/Centerfolds. -----Original Message -- From: Durling, Carl Sent: Monday, December 17, 2001 10:21 AM To: MacKenzie, Robert Subject: Valdez re modeling studio I'm getting persistent calls and personal contacts from and by Daniel Valdez re his request for an application for a Modeling Studio. He is the one we discussed and whom I informed that we are modifying the application. Do you have a status for the application? Can you give him a call? His name is Daniel Valdez, 680-1384. He will be calling me or coming in tomorrow or Wed. Thanks, Carl Durling Durling, Carl From: MacKenzie, Robert Sent: Monday, December 17, 2001 10:56 AM To: Durling, Carl Subject: RE: Valdez re modeling studio Thanks, I appreciate it. Things are just hectic up here. I'm sure you've been seeing some articles in the paper about it. -----Original Message ---- From: Durling, Carl Sent: Monday, December 17, 2001 10:52 AM To: MacKenzie, Robert Cc: Meleka, M.A. Subject: RE: Valdez re modeling studio Sounds good to me. I'll see what I can come up with, go over it with Meleka, and then have you check it. Carl -----Original Message ----- From: MacKenzie, Robert Sent: Monday, December 17, 2001 10:50 AM To: Durling, Carl Subject: RE: Valdez re modeling studio 12 You don't need to wait for me to modify the application if you know what it needs. I'm not sure why I agreed to take that on in the first place, but I shouldn't have done so. Usually your office does the applications. Probably the reason it isn't right in the first place is because I did it, not someone from your department. You guys know what your procedures are and what you need better than I do. I would be happy to review any amendments to the application for legal issues. So, if you want to take the first cut at it and have me review it, that's fine. Unfortunately, I have had emergency assignments for the last three days in a row and so every thing that was on the schedule to be completed for next week just got put back three days. My first priority is to do the letter for Tom to Mr. Mull on the First Amend me nt/Centerfolds. -----Original Message ----- From: Durling, Carl Sent: Monday, December 17, 2001 10:21 AM To: MacKenzie, Robert Subject: Valdez re modeling studio I'm getting persistent calls and personal contacts from and by Daniel Valdez re his request for an application for a Modeling Studio. He is the one we discussed and whom I informed that we are modifying the application. Do you have a status for the application? Can you give him a call? His name is Daniel Valdez, 680-1384. He will be calling me or coming in tomorrow or Wed. Thanks, Carl Durling Durling, Carl From: MacKenzie, Robert Sent: Monday, December 17, 2001 10:50 AM To: Durling, Carl Subject: RE: Valdez re modeling studio You don't need to wait for me to modify the application if you know what it needs. I'm not sure why I agreed to take that on in the first place, but I shouldn't have done so. Usually your office does the applications. Probably the reason it isn't right in the first place is because I did it, not someone from your department. You guys know what your procedures are and what you need better than I do. I would be happy to review any amendments to the application for legal issues. So, if you want to take the first cut at it and have me review it, that's fine. Unfortunately, I have had emergency assignments for the last three days in a row and so every thing that was on the schedule to be completed for next week just got put back three days. My first priority is to do the letter for Tom to Mr. Mull on the First Amendment/Centerfolds. ----Original Message --- From: Durling, Carl Sent: Monday, December 17, 2001 10:21 AM To: MacKenzie, Robert Subject: Valdez re modeling studio I'm getting persistent calls and personal contacts from and by Daniel Valdez re his request for an application for a Modeling Studio. He is the one we discussed and whom I informed that we are modifying the application. Do you have a status for the application? Can you give him a call? His name is Daniel Valdez, 680-1384. He will be calling me or coming in tomorrow or Wed. Thanks, Carl Durling 13 Durling, Carl From: MacKenzie, Robert Sent: Tuesday, December 11, 2001 2:41 PM To: Durling, Carl Subject: RE: Adult You're welcome. I'll be in touch. ----Original Message ----- From: Durling, Carl Sent: Tuesday, December 11, 2001 2:41 PM To: MacKenzie, Robert Subject: RE: Adult Thanks. Carl -----Original Message ----- From: MacKenzie, Robert Sent: Tuesday, December 11, 20012:16 PM To: Durling, Carl Subject: RE: Adult Thanks. I have.been�working ontEirst.Amendment-, but,l;m=not,finished.ilhis�mu h I know however- We cant process thejr permit_for renewal, because they've eff� tr�T r ed -ownership: Mr. Boyles is now all officers �of-the corp -,Before, �+Mr: Mull was all officers of the corp. hus, we need to demand -t� ransfe of ownership application. It is not a renewal. Prior to getting into their transfer application, however, I need to finish the %drning'le`fter'I'm doing for Buford and he needs to send the letter to Mull.. -----Original Message ---- From: Durling, Carl Sent: Tuesday, December 11, 2001 1:50 PM To: MacKenzie, Robert Cc: Meleka, M.A. Subject: Adult The two young men came in to see if we have made a determination as to how to handle their application for "Modeling Studio." You were going to look into modifying the application form, and I informed the young men that once this process is complete I would call them. The lead young man's name is Daniel Valdez, 4907 Baggett Rd, Oroville. Phone is 680-1384. Just keeping you posted. Carl Durling Durling, Carl From: MacKenzie, Robert Sent: Tuesday, December 11, 2001 2:16 PM To: Durling, Carl Subject: RE: Adult Thanks. I have been working on First Amendment, but I'm not finished. This much I know, however. We can't process their permit for renewal, because they've effectively transferred ownership. Mr. Boyles is now all officers of the corp. Before, Mr. Mull was all officers of the corp. Thus, we need to demand a transfer of ownership application. It is not a renewal. Prior to getting into their transfer application, however, I need to finish the warning letter I'm doing for Buford and he needs to send the letter to Mull. ----Original Message ---- From: Durling, Carl Sent: Tuesday, December 11, 2001 1:50 PM To: MacKenzie, Robert Cc: Meleka, M.A. Subject: Adult 14 The two young men came in to see if we have made a determination as to how to handle their application for "Modeling Studio." You were going to look into modifying the application form, and I informed the young men that once this process is complete I would call them. The lead young man's name is Daniel Valdez, 4907 Baggett Rd, Oroville. Phone is 680-1384. Just keeping you posted. Carl Durling Durling, Carl From: MacKenzie, Robert Sent: Monday, December 03, 2001 3:59 PM To: Durling, Carl Subject: RE: OK, Wed. at 10, there. —Original Message --- From: Durling, Carl Sent: Monday, December 03, 2001 3:11 PM To: MacKenzie, Robert Cc: Meleka, M.A. Subject: RE: Here if it is ok with you. Carl -----Original Message ----- From: MacKenzie, Robert Sent: Monday, December 03, 2001 1:54 PM To: Durling, Carl Subject: RE: That's fine. Here or there? ----Original Message ----- From: Durling, Carl Sent: Monday, December 03, 2001 1:47 PM To: MacKenzie, Robert Cc: Meleka, M.A. Subject: RE: -----Original Message ----- From: MacKenzie, Robert Sent: Monday, December 03, 2001 11:06 AM To: Durling, Carl Subject: RE: Can we meet on Wed. about 10AM? [Durling, Carl] Wed is ok with me. I would want Meleka there also. I think we should discuss this. With regard to your question regarding performers and 15-117, however, I interpret that section to refer to individual performers (dancers) and we have required all performers to apply for performer permits pursuant to that section and many have, and have been issued individual performer permits by Sheriffs Office. I do not believe that the business operator must submit an application under that section. [Durling, Carl] Your interpetation is ok with me, but I just read it differently in that the Operator has to also obtain a permit. With regard to your question regarding 15 copies, what is the purpose of requiring that many copies? 15 [Durling, Carl] I have no idea why the 15 copy requirment was made a part of the application. A use permit requires 35 copies, a tentative parcel map requires 22 copies, etc. Assuming that is a standard request for all applicants of certain types of permits, It should be set forth in a department policy. [Durling, Carl] No policy that I know of, especially for Adult Business application. If it is set forth, then a provision in the adult ordinance is probably not necessary. As you will see below, however, I have been in direct contact with Mr. Mull regarding his renewal application. [Durling, Carl] Mark Boyles is the signer of the application. I'm not sure who is Mr. Mull and his relationship to the application I didn't make this request and so I don't think your department should do it now. [Durling, Carl] The application was forwarded to Meleka then to me by Gloria Miller of your office. I wasn't aware that 15 copies is a standard request and I'd like to be informed about the policy so I'll ask next time, if it is appropriate. Attached is a copy of my last letter to Mr. Mull. Perhaps it will help in interpreting what the ordinance requires of him. << File: MULL7.WPD >> [Durling, Carl] I can't open your file since my compute does not have word perfect. Carl Durling ---Original Message ----- From: Durling, Carl Sent: Thursday, November 29, 2001 1:43 PM To: MacKenzie, Robert Cc: Meleka, M.A. Subject: I was asked by Meleka to process the Adult Business Regulatory Permit application submitted by Mark Boyles of Three Kings. There are three issues I need advice on: 1. Item 8 of the application requiresFno-letter,,wll�� acknowledgment by the Applic ant". What form must this acknowledgment be in? He submitte­lwould expect is reasonable to require. 2. Item 10 of the application requires 15 copies of the plans. He quotes Section 5 (15 in my copy of the Ordinance) -113 (b) (6) & (7). This section refers to "A drawing" and "A sketch", both in the singular tense. He has written this Section on the application and has only submitted one copy of each drawing. Meleka feels we can require him to submit 15.copies, but I find no basis in the Ordinance to demand it. 3. His application refers to nude dancing, which seems to me to be "performer" oriented. Section 15-117 of the Ordinance requires he submit an application to the County Sheriffs Department for approval before he can conduct the "performer" part of his business. Do we wait until after he has obtained the Sheriffs permit before we proceed? If the Sheriff denies the application it seems that would affect our application for the business use. Finally, who is it that prepared the application form and what basis was used to format the application requirements? It seems to me that the application requirements should match the Ordinance provisions. Please advise as soon as you can. Would like to discuss with you. Carl Durling 16 Durling, Carl From: MacKenzie, Robert Sent: Monday, December 03, 2001 2:05 PM To: Durling, Carl Subject: RE: Here is the last letter to Mull in Word. Mull is allegedly still the owner of the club. Boyle and Mull have some sort of stock arrangement where, according to Mull, Boyle owns part of the stock of the corporation which Mull runs, which owns the club. It was in response to the attached letter that Mull told me he would submit a renewal application. Lets talk W1 MULUMOC about 15-117 at the meeting Wed. I am really interested in your interpretation. -----Original Message ---- From: Durling, Carl Sent: Monday, December 03, 2001 1:47 PM To: MacKenzie, Robert Cc: Meleka, M.A. Subject: RE: -----Original Message ----- From: MacKenzie, Robert Sent: Monday, December 03, 2001 11:06 AM To: Durling, Carl Subject: RE: Can we meet on Wed. about 10AM? [Durling, Carl] Wed is ok with me. I would want Meleka there also. I think we should discuss this. With regard to your question regarding performers and 15-117, however, I interpret that section to refer to individual performers (dancers) and we have required all performers to apply for performer permits pursuant to that section and many have, and have been issued individual performer permits by Sheriffs Office. I do not believe that the business operator must submit an application under that section. [Durling, Carl] Your interpetation is ok with me, but I just read it differently in that the Operator has to also obtain a permit. With regard to your question regarding 15 copies, what is the purpose of requiring that many copies? [Durling, Carl] I have no idea why the 15 copy requirment was made a part of the application. A use permit requires 35 copies, a tentative parcel map requires 22 copies, etc. Assuming that is a standard request for all applicants of certain types of permits, It should be set forth in a department policy. [Durling, Carl] No policy that I know of, especially for Adult Business application. If it is set forth, then a provision in the adult ordinance is probably not necessary. As you will see below, however, I have been in direct contact with Mr. Mull regarding his renewal application. [Durling, Carl] Mark Boyles is the signer of the application. I'm not sure who is Mr. Mull and his relationship to the application I didn't make this request and so I don't think your department should do it now. 17 [Durling, Carl] The application was forwarded to Meleka then to me by Gloria Miller of your office. I wasn't aware that 15. copies is a standard request and I'd like to be informed about the policy so I'll ask next time, if it is appropriate. Attached is a copy of my last letter to Mr. Mull. Perhaps it will help in interpreting what the ordinance requires of him. << File: MULL7.WPD >> [Durling, Carl] I can't open your file since my compute does not have word perfect. Carl Durling ----Original Message -- From: Durling,.Carl Sent: Thursday, November 29, 2001 1:43 PM To: MacKenzie, Robert Cc: Meleka, M.A. Subject: I was asked by Meleka to process the Adult Business Regulatory Permit application submitted by Mark Boyles of Three Kings. There are three issues I need advice on: 1. Item 8 of the application requires "An acknowledgement by the Applicant". What form must this acknowledgment be in? He submitted no letter, which is what I would expect is reasonable to require. 2. Item 10 of the application requires 15 copies of the plans. He quotes Section 5 (15 in my copy of the Ordinance) -113 (b) (6) & (7). This section refers to "A drawing" and "A sketch", both in the singular tense. He has written this Section on the application and has only submitted one copy of each drawing. Meleka feels we can require him to submit 15 copies, but I find no basis in the Ordinance to demand it. 3. His application refers to nude dancing, which seems to me to be "performer" oriented. Section 15-117 of the Ordinance requires he submit an application to the County Sheriffs Department for approval before he can conduct the "performer" part of his business. Do we wait until after he has obtained the Sheriffs permit before we proceed? If the Sheriff denies the application it seems that would affect our application for the business use. Finally, who is it that prepared the application form and what basis was used to format the application requirements? It seems to me that the application requirements should match the Ordinance provisions. Please advise as soon as you can. Would like to discuss with you. Carl Durling Durling, Carl From: MacKenzie, Robert Sent: Monday, December 03, 2001 1:54 PM To: Durling, Carl Subject: RE: That's fine. Here or there? —Original Message -- From: Durling, Carl Sent: Monday, December 03, 2001 1:47 PM To: MacKenzie, Robert Cc: Meleka, M.A. Subject: RE: -----Original Message ----- From: MacKenzie, Robert Sent: Monday, December 03, 2001 11:06 AM 18 To: Durling, Carl Subject: RE: Can we meet on Wed. about 10AM? [Durling, Carl] Wed is ok with me. I would want Meleka there also. I think we should discuss this. With regard to your question regarding performers and 15-117, however, I interpret that section to refer to individual performers (dancers) and we have required all performers to apply for performer permits pursuant to that section and many have, and have been issued individual performer permits by Sheriffs Office. I do not believe that the business operator must submit an application under that section. [Durling, Carl] Your interpetation is ok with me, but I just read it differently in that the Operator has to also obtain a permit. With regard to your question regarding 15 copies, what is the purpose of requiring that many copies? [Durling, Carl] I have no idea why the 15 copy requirment was made a part of the application. A use permit requires 35 copies, a tentative parcel map requires 22 copies, etc. Assuming that is a standard request for all applicants of certain types of permits, It should be set forth in a department policy. [Durling, Carl] No policy that I know of, especially for Adult Business application. If it is set forth, then a provision in the adult ordinance is probably not necessary. As you will see below, however, I have been in direct contact with Mr. Mull regarding his renewal application. [Durling, Carl] Mark Boyles is the signer of the application. I'm not sure who is Mr. Mull and his relationship to the application I didn't make this request and so I don't think your department should do it now. [Durling, Carl] The application was forwarded to Meleka then to me by Gloria Miller of your office. I wasn't aware that 15 copies is a standard request and I'd like to be informed about the policy so I'll ask next time, if it is appropriate. Attached is a copy of my last letter to Mr. Mull. Perhaps it will help in interpreting what the ordinance requires of him. << File: MULL7.WPD >> [Durling, Carl] I can't open your file since my compute does not have word perfect. Carl Durling —Original Message --- From: Durling, Carl Sent: Thursday, November 29, 2001 1:43 PM To: MacKenzie, Robert Cc: Meleka, M.A. Subject: I was asked by Meleka to process the Adult Business Regulatory Permit application submitted by Mark Boyles of Three Kings. There are three issues I need advice on: 1. Item 8 of the application requires "An acknowledgement by the Applicant". What form must this acknowledgment be in? He submitted no letter, which is what I would expect is reasonable to require. 2. Item 10 of the application requires 15 copies of the plans. He quotes Section 5 (15 in my copy of the Ordinance) -113 (b) (6) & (7). This section refers to "A drawing" and "A sketch", both in the singular tense. He has written this Section on the application and has only submitted one copy of each drawing. Meleka feels we can require him to submit 15 copies, but I find no basis in the Ordinance to demand it. 19 .. J C , ,., 3. His application refers to nude dancing, which seems to me to be "performer" oriented. Section 15-117 of the Ordinance requires he submit an application to the County Sheriffs Department for approval before he can conduct the "performer" part of his business. Do we wait until after he has obtained the Sheriffs permit before we proceed? If the Sheriff denies the application it seems that would affect our application for the business use. Finally, who is it that prepared the application form and what basis was used to format the application requirements? It seems to me that the application requirements should match the Ordinance provisions. Please advise as soon as you can. Would like to discuss with you. Carl Durling Durling, Carl From: MacKenzie, Robert Sent: Monday, December 03, 2001 11:06 AM To: Durling, Carl Subject: RE: Can we meet on Wed. about 10AM? I think we should discuss this. With regard to your question regarding performers and 15-117, however, I interpret that section to refer to individual performers (dancers) and we have required all performers to apply for performer permits pursuant to that section and many have, and have been issued individual performer permits by Sheriffs Office. I do not believe that the business operator must submit an application under that section. With regard to your question regarding 15 copies, what is the purpose of requiring that many copies? Assuming that is a standard request for all applicants of certain types of permits, It should be set forth in a department policy. If it is set forth, then a provision in the adult ordinance is probably not necessary. As you will see below, however, I have been in direct contact with Mr. Mull regarding his renewal application. I didn't make this request and so I don't think your department should do it now. I wasn't aware that 15 copies is a standard request and I'd like to be informed about the policy so I'll ask next time, if it is appropriate. Attached is a copy of my last letter to Mr. Mull. Perhaps it will help in MU LL7. WPD interpreting what the ordinance requires of him. --Original Message— From: Durling, Carl Sent: Thursday, November 29, 2001 1:43 PM To: MacKenzie, Robert Cc: Meleka, M.A. Subject: I was asked by Meleka to process the Adult Business Regulatory Permit application submitted by Mark Boyles of Three Kings. There are three issues I need advice on: 1. Item 8 of the application requires "An acknowledgement by the Applicant". What form must this acknowledgment be in? He submitted no letter, which is what I would expect is reasonable to require. 2. Item 10 of the application requires 15 copies of the plans. He quotes Section 5 (15 in my copy of the Ordinance) - 113 (b) (6) & (7). This section refers to "A drawing" and "A sketch", both in the singular tense. He has written this Section on the application and has only submitted one copy of each drawing. Meleka feels we can require him to submit 15 copies, but I find no basis in the Ordinance to demand it. 3. His application refers to nude dancing, which seems to me to be "performer" oriented. Section 15-117 of the Ordinance requires he submit an application to the County Sheriffs Department for approval before he can conduct the "performer' part of his business. Do we wait until after he has obtained the Sheriffs permit before we proceed? If the Sheriff denies the application it seems that would affect our application for the business use. Finally, who is it that prepared the application form and what basis was used to format the application requirements? It seems to me that the application requirements should match the Ordinance provisions. 20 Please advise as soon as you can. Would like to discuss with you. Carl Durling 21 Durling, Carl From: Durling, Carl Sent: Thursday, April 04, 2002 7:23 AM To: Meleka, M.A. Subject: FW: Centerfold We should discuss this then with Fred. Carl -----Original Message ----- From: MacKenzie, Robert Sent: Wednesday, April 03, 2002 11:21 AM To: Durling, Carl Subject: RE: Centerfold I was hoping that you would discuss this situation with Meleka and Fred, so they can decide what the approach will be. Then they can decide how they want me to be involved. I don't want to be the lead on this. My role has sort of evolved into the lead role, but the Director of DDS is the decision maker under the ordinance. -----Original Message ----- From: Durling, Carl Sent: Wednesday, April 03, 2002 11:03 AM To: MacKenzie, Robert Subject: RE: Centerfold That is fine with me, but you should be asking Fred Davis or Meleka. Carl -----Original Message ---- From: MacKenzie, Robert Sent: Wednesday, April 03, 2002 10:21 AM To: Durling, Carl Subject: RE: Centerfold Well, I don't think we need to do anything right now. We need to give them some time and keep documenting violations. I didn't give him a specific deadline, but I think we could wait about a month. What do you think? -----Original Message ----- From: Durling, Carl Sent: Tuesday, April 02, 2002 3:44 PM To: MacKenzie, Robert Subject: RE: Centerfold Yep! Good luck with them. You know where it is heading. Let me know if I can help. Carl -----Original Message ----- From: MacKenzie, Robert Sent: Tuesday, April 02, 2002 3:43 PM To: Durling, Carl. Subject: RE: Centerfold Thanks. Did you get your hard copy of the letter that went out to Boyles last week? -----Original Message ----- From: Durling, Carl Sent: Tuesday, April 02, 2002 1:37 PM To: MacKenzie, Robert Subject: Centerfold Rob: Centerfold is advertising in Chico News and Review, page 33 of current issue, including "Video/Toy Store Open 10am-2am". Thought you might be interested. Carl D. Page, l 391nAl? oa B 1 D f• .o • 00 0`XX�t i1BUY IDEAS RENT BUY �OtE003� ILOVE GA71NES - RENT TC. TOYS •MAGAZINES •LOTIONS -ETC. �L L®PENS 7 DAYS EIOAM�N 2AM--. OPEN 7 DAYS LOAM _- 2AW, a AMATEUR 1 e MONDAY .-1' dI -1 tiOt O�X vlDiOS RENPIUY -� 6000 XXX VIDEOS RENT•BUY­•P MAGAIES • LOTIONS • ETC. �•l LOVE TOYS • MAGAZINES • LOTIONS ETC. OPEN 7 DAYS LOAM - 2AM.. y M LOVE TOYS*_- OPEN 7 DAYS LOAM - 2AM �- Page, l 391nAl? oa 0 k OPEN 7OPER 7 OAY�^� Title: Date: Description: Title: Date: Description: Page 2 Title: Date: Description: ■ Complete items 1, jWd 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mark Boyles 15430-C Highway 99 Chico, CA 95973 g 'yy J I A. Received by (Please �learly) B. Date of Delivery S' C�CZ- K t; 46 -OZ C. Signature X _ ❑ Agent ❑ Addressee. D.. s delivery address different from item 1? e If YES, enter delivery address below: ❑ No 3. Service Type Certified Mail ❑'Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Copy from service label) . 2099 7�W M14 ji;( 0-)�76 PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952 UNITED STATES POSyTA•L SERVIC , LE Ffirst Class=Mai��„� �9 Postage..&_Fees Paid pm • Sender: Please printery na , address, and ZIP+4 in -this box' COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Center Drive Oroville, CA 9596;-3397 i vl1l!liltflllP!!il!!l�f�tf[!llElil!!��!!�lit�itlt!!laiErtEll ai SENDER: -a ■complete items 1 aW for additional services. in •Complete.items 3,,4a, and 4b. U) ■ Print your name and address on the reverse of this form so that we can return this card to you. > ■Attach this form to the•iront of the mailpiece, or on the back if space does not permit. d •Write'Retum Receipt Requested' on the mailpiece below the article number. t ■The Return Receipt will show to whom the article was delivered and the date c delivered. O I alO*h to receive the folio services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number Mark Boyles 15430-C Highway 99 Chico CA 95973 Registered ❑ Certified is c ❑ Express Mail ❑ Insured c a ❑ Return Receipt for Merchandise ❑ COD = A H5. R eived By: (Pri t, Name 8. Addressee's Address (Only, W � Q ii and fee is paid) cc r� T 6 -Signature: w(= dresse ! �9� j} i ill MillI 1 1 1 1 it y PS Form 38V1, December 1994 Domestic Ret' �TIOI ass � UNITED STATES POSERVICE first CI�ai )M ` `� Ostage ees atd .0 � "SPS _ Permit-Na__ • Print your name Pees, and ZIP Code-in-tk�is_box-� lit 11ii1111t'tltttiijtl1414ifIII) tfjtltIttlltttltt!tit1tltijIII August 12, 2002 Mr. Mark Boyles Three Kings, Inc. Dba Centerfolds 15430 Highway 99, North Chico, CA 95973 RE: Building Inspection APN: 047-100-146 Dear Mr. Boyles, 0 Department of Development Services Building Division 7 County Center Drive Oroville, CA 95965 (530) 538-7541 (530) 538-2140 FAX The Conditional Adult Business Regulatory Permit bearing your signature on 6/20/02 requires compliance with building requirements by August 17, 2002. We are requesting access for inspection of the building at 15430 Highway 99, North in Chico, California. The purpose of the inspection is to confirm compliance with health and fire -life safety requirements of the California Building Standards Code. It is not our intent to disturb your business activities making this inspection, therefore, we will be at 15430 Highway 99, North at 10:00 AM on Monday, August 19, 2002 to make the inspection unless we here from you with an alternate inspection date/time. Sincerely, Mic ael C. Vieira, C.B.O. Manager, Building Division Building Official Cc: Stephen Clark, Centerfolds Manager Rob MacKenzie, Deputy County Counsel Yvonne Christopher, Development Services Director Carl-Dur-ling,_Planning • 10 OFFICE_ OF COUNTY COUNSEL COUNTY OF BUTTE BRUCE S. ALPERT COUNTYCOUNSEL Mr. Mark Boyles Three Kings, Inc. Dba Centerfolds 15430 Highway 99, North Chico, CA 95973 25 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3380 PHONE (530) 538-7621 FAX (530) 538-6891 counrycounsel@buttecounty.net July 17, 2002 Re: Your Attached Conditional Adult Business Regulatory Permit Dear Mr. Boyles: ASSISTANT COUNTY COUNSEL DAVID M. McCLAIN CHIEF DEPUTY COUNTY COUNSEL ROBERT W. MACKENZIE DEPUTY COUNTY COUNSEL FELIX WANNENMACHER ELIZABETH McGIE ROGER S. WILSON D C E V E J U L 18 2002 BUTTE COUNTY PLANNING DIVISION Thank you for signing and returning the Conditional Adult Business Regulatory Permit that Department of Development Services (DDS) sent you on May 28, 2002. After I received a copy of the permit you had signed and amended, I reviewed the Adult Business Ordinance. The Ordinance does not require that you consent to the conditions imposed by the Permit. I also contacted DDS and was informed that DDS agrees that the Ordinance does not require that the applicant agree to the conditions of a Permit. Therefore, I have advised DDS to redact the amendments you made to the Permit conditions and DDS has done so. The attached Permit is a copy of the permit you sent back which shows the redactions. You are hereby placed on notice that the conditions in the Permit attached to this letter are binding on you, your employees and the performers and patrons at the club, without your consent to those conditions. As I have previously indicated, The duration of the Permit is three (3) years, beginning on October 15, 2001 and ending on October 14, 2004 (please see Condition #7). Please contact the Building Division immediately and request an inspection of the facility, so that you can* ultimately obtain a Certificate of Occupancy, as I have requested in my last several letters to you. You do not have a choice concerning whether or not to remodel the facility, because you must do so in order to bring the facility into compliance with the structural and operational requirements of the Adult Business Ordinance, as I have previously explained. Please also immediately cease operating an Adult Book Store (selling adult videos, etc..), because you do not have a permit to engage in such activities, which are outside the scope of the attached Permit, as I have also previously informed you. 1 Mark Boyles July 17, 2002 Page 2 If you, your employees and/or the performers and patrons at the club continue to violate County requirements and prohibitions, you may be subject to disciplinary action which could result in suspension or revocation of the attached Conditional Adult Business Regulatory Permit. Thank you very much for your courtesy and anticipated cooperation in this matter. If you have any questions, or wish to discuss this matter further, please do not hesitate to call me. Very truly yours, Bruce S. Alpert, Butte County Counsel By _ Isen Robert W. MacKenzi Chief Deputy County Counsel cc: Fred Davis, Interim Development Services Director Michael Vieira, Development Services Carl Durling, Development Services GAROB\boy1es4. wpd C CONDITIONAL ADULT BUSINESS REGULATORY PERMIT (Renewal) For Adult Cabaret Only Pursuant to Chapter 15 of Butte County Code TO: Mark Boyles FROM: Fred Davis, Interim Director, Development Services DATE: May 28, 2002 File #ADM 02-1 PURPOSE: Conditional. Adult Business Regulatory Permit (Renewal) for Mark Boyles 66 APN# 047-100-146 for an Adult Business located at east side of Hwy. 99 about 3,000 feet south of Hamilton Nord Cana Hwy, on property zoned Unclassified. PERMIT REQUIREMENTS: Approval of the renewal of this Conditional Adult Business Regulatory Permit is contingent upon fulfillment of the following requirements: 1. Comply with provisions of Butte County Ordinance 3619, AN ORDINANCE PROHIBITING AND REGULATING CERTAIN ADULT BUSINESSES. 2. Comply with the provisions and requirements contained in the May 18, 2001 letter (Copy attached) from the Department of Development Services, Building Division written to Ron Bunch from Glenn Gibbons, Plans Examiner. 3.. Comply with any further provisions and requiremerits-articulated in the letter to George W. M. Mull dated January 17, 2002 (Copy attached) from Tom Buford, Interim Director of Development Services. 4. Required to obtain approval by the Fire Department (538-7994) prior to opening for business. 5. All work required under Items #2 #3 and #4 above is to be completed by August 17, 2002. 6. The permit may be suspended or revoked if any of the terms or conditions of the Permit are violated or if any acts or omissions of the permittee in connection with the use authorized by said Permit constitute'a public nuisance. 7. Term of Permit, only upon signature by Permittee, is from 15 October 2001 through 14 October 2004. 4eirrmatteePigennatureWr Date M. A. Meleka Date THREE KINGS INC. Principal Planner A CALIFORNIA CORPORATION BY: MARK BOYLES, ITS PRESIpENT Butte (lounty L A N D O F N A T U R A L WE A L T H A N D BEAUTY DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 May 28, 2002 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 Mark Boyles 15430-C Highway 99 Chico, CA 95973 CERTIFIED MAIL Re: Conditional Adult Business Regulatory Permit (Renewal), APN 047-100-146 (ADM 02-16) N. Mr. Boyles: ' Enclosed are three originals of your Conditional Adult Business Regulatory Permit (Renewal) No. ADM 02-16. All three originals have been signed by this Department. Please sign all. three originals and return two of them to this division within 30 calendar days from the receipt of this letter Please be aware that failure to return the signed permits within 30 days will result in the Administrative Permit becoming invalid. Re-application to this Department would not be allowed because you w6--i-111d have exceeded the time lirrits of i:lte original application. The Conditional Adult Business Regulatory Permit (Renewal) is deemed granted when the Permit and copy have been signed by the applicant, with the counter signature of the Director of Development Services, and the conditions of the permit have been satisfied. Following compliance with the conditions specified on the face of the permit, a stamp dated original permit will be sent to you by Certified mail confirming we received the two originals within the 30 days time period. This permit will then be your official permit. Should you have any questions regarding this matter, please contact this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Fred Davis Interim Development Services Director B4A.M Mka Enc. Postmark Here' 5 i 3rly) (p be completed by mailer) - /S--------------- `�'--------- --------------- - Do • �r 0 Postage $ ru � Certified Fee cc { -0 Return Receipt Fee (Endorsement Required) I3 C3 Restricted Delivery Fee (Endorsement Required) 0 C3 Total postage & Fees $ m Recipient's N me (Pleas Print C �Q� t�- §treet, Apt• o.; or PO Box No. z NTS 0 -City tate, ZIP+4 Postmark Here' 5 i 3rly) (p be completed by mailer) - /S--------------- `�'--------- --------------- - CONDITIONAL ADULT BUSINESS REGULATORY PERMIT (Renewal) For Adult Cabaret Only Pursuant to Chapter 15 of Butte County Code TO: Mark Boyles FROM: Fred Davis, Interim Director, Development Services DATE: May 28, 2002 File #ADM 02-16 PURPOSE: Conditional Adult Business Regulatory Permit (Renewal) for Mark Boyles on APN# 047-100-146 for an Adult Business located at east side of Hwy. 99 about 3,000 feet south of Hamilton Nord Cana Hwy, on property zoned Unclassified. PERMIT REQUIREMENTS: Approval of the renewal of this Conditional Adult Business Regulatory Permit is contingent upon fulfillment of the following requirements: 1. Comply with provisions of Butte County Ordinance 3619, AN ORDINANCE PROHIBITING AND REGULATING CERTAIN ADULT BUSINESSES. 2. Comply with the provisions and requirements contained in the May 18, 2001 letter (Copy attached) from the Department of Development Services, Building Division written to Ron Bunch from Glenn Gibbons, Plans Examiner. 3. Comply with any further provisions and requirements articulated in the letter to George W. M. Mull dated January 17, 2002 (Copy attached) from Tom Buford, Interim Director of Development Services. 4. Required to obtain approval by the Fire Department (538-7994) prior to opening for business 5. All work required under Items #2 #3 and #4 above is to be completed by August 17, 2002. 6. The permit may be suspended or revoked if any of the terms or conditions of the Permit are violated or if any acts or omissions of the permittee in connection with the use authorized by said Permit constitute a public nuisance. 7. Term of Permit, only upon signature by Permittee, is from 15 October 2001 through 14 October 2004. Permittee Signature Date M. A. Meleka Date Principal Planner Applicant's Copy CONDITIONAL ADULT BUSINESS REGULATORY PERMIT (Renewal) For Adult Cabaret Only Pursuant to Chapter 15 of Butte County Code TO: - Mark Boyles FROM: Fred Davis, Interim Director, Development Services DATE: May 28, 2002 File #ADM 02-16 PURPOSE: Conditional Adult Business Regulatory Permit (Renewal) for Mark Boyles on APN# 047-100-146 for an Adult Business located at east side of Hwy. 99 about 3,000 feet south of Hamilton Nord Cana Hwy, on property zoned Unclassified. PERMIT REQUIREMENTS: Approval of the renewal of this Conditional Adult Business Regulatory Permit is contingent upon fulfillment of the following requirements: Comply with provisions of Butte County Ordinance 3619, AN ORDINANCE PROHIBITING AND REGULATING CERTAIN ADULT BUSINESSES. 2. Comply with the provisions and requirements contained in the May 18, 2001 letter (Copy attached) from the Department of Development Services, Building Division written to Ron Bunch from Glenn Gibbons, Plans Examiner. 3. Comply with any further provisions and requirements articulated in the letter to George W. M. Mull dated January 17, 2002 (Copy attached) from Tom Buford, Interim Director of Development Services. 4. Required to obtain approval by the Fire Department (538-7994) prior to opening for business 5. All work required under Items #2 #3 and #4 above is to be completed by August 17, 2002. 6. The permit may be suspended or revoked if any of the terms or conditions of the Permit are violated or if any acts or omissions of the permittee in connection with the use authorized by said Permit constitute a public nuisance. 7. Term of Permit, only upon signature by Permittee, is from 15 October 2001 through 14 October 2004. Permittee Signature Date M. A. Meleka Date Principal Planner CONDITIONAL ADULT BUSINESS REGULATORY PERMIT (Renewal) For Adult Cabaret Only Pursuant to Chapter 15 of Butte County Code TO: Mark Boyles FROM: Fred Davis, Interim Director, Development Services DATE: May 28, 2002 File #ADM 02-16 PURPOSE: Conditional Adult Business Regulatory Permit (Renewal) for Mark Boyles on APN# 047-100-146 for an Adult Business located at east side of Hwy. 99 about 3,000 feet south of Hamilton Nord Cana Hwy, on property zoned Unclassified. PERMIT REQUIREMENTS: Approval of the renewal of this Conditional Adult Business Regulatory Permit is contingent upon fulfillment of the following requirements: Comply with provisions of Butte County Ordinance 3619, AN ORDINANCE PROHIBITING AND REGULATING CERTAIN ADULT BUSINESSES. 2. Comply with the provisions and requirements contained in the May 18, 2001 letter (Copy attached) from the Department of Development Services, Building Division written to Ron Bunch from Glenn Gibbons, Plans Examiner. 3. Comply with any further provisions and requirements articulated in the letter to George W. M. Mull dated January 17, 2002 (Copy attached) from Tom Buford, Interim Director of Development Services. 4. Required to obtain approval by the Fire Department (538-7994) prior to opening for business. 5. All work required under Items #2 #3 and #4 above is to be completed by August 17, 2002. 6. The permit may be suspended or revoked if any of the terms or conditions of the Permit are violated or if any acts or omissions of the permittee in connection with the use authorized by said Permit constitute a public nuisance. 7. Term of Permit, only upon signature by Permittee, is from 15 October 2001 through 14 October 2004. Permittee Signature Date M. A. Meleka Date Principal Planner May 18, 2001 Ron Bunch 9 Laguna Court Chico, CA. 95928 Boyles, Mark Assessor Parcel Number Building Permit Number 4 ---- *Department of Devekophent Services Building D®vbt®n 7 County Center Drive OmvWe:. CA 95%5 (530) 539-7541 (530) 538-2140 FAX 047-100-146 01-1106 This office reviewed building plans for the permit application referenced above. The plan examiner's comments are listed in PART - I below. Please respond in writing to each comment in PART - I by completing and returning the enclosed PIAN REV'JEW RESPONSE FORM. Indicate which detail, specification, or calculation shows the requested information. Additional response information is included on the response form. Your complete and clear response will expedite the re -check and approval of this project. PART — I Provide additional information and/or make revisions to plans, specifications and calculations as follows - 1. A California licensed architect or registered engineer must prepare the building plans. Please be sure to include on the resubmittal the engineer's "wet" stamp, signature, registration number and expiration date on all sheets of plans depicting the designed elements and cover sheets of calculations. The drawings must include a complete plot plan with the location and occupancy classification for all buildings on this parcel. 2. Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and all relevant laws, ordinances, rules and regulations. (Uniform Building Code section 106.3.3). 3. Provide clarification regarding minimum7 feet height for the platform area and the means of egress from this area. "Except as specified elsewhere in this chapter, the means of egress system shall have a clear height of not less than 7 feet measured vertically from the walking surface to the lowest projection from the ceiling or overhead structure (Uniform Building Code section 1003.2.4)." 1 of 3 4. Classification of the building is the critical first step in the effective use of the Uniform Building Code. To an even greater degree, the proper determination of occupancy and type of construction is the basis for all other code determinations. Provide a complete code analysis for the entire building and include the mixed occupancy ratio. This analysis must include the basic allowable floor area and the proposed floor area. Allowable area increase's, occupant load, and exiting requirements. Provide a detailed description of intended use for each room in the building. 5. Occupant loads shall be determined in accordance with the requirements of Uniform Building Code Chapter 10. In determining the occupant load, all portions of a building shall be presumed to occupied at the same time (Uniform Building Code section 1003.2.2.2.1). 6. Any room that is used for an assembly, dining, drinking or similar purpose where fixed seats are not installed shall have the capacity of the room posted in a conspicuous place on an approved sign near the main exit or exit -access doorway from the room (Uniform Building Code section 1007.2.6). 7. Fire -resistive walls and partitions shall be designed to have fire -resistance ratings set forth in Uniform Building Code Table 7-B. Please indicate the required one-hour fire -resistive construction design for the new hall/corridor. 8. Where exit signs are required by Chapter 10, additional approved low-level exit signs which are internally or externally illuminated photoluminescent or self -luminous, shall be provided in all interior rated exit corridors of Group A Occupancies. The bottom of the sign shall not be less than 6 inches or more than 8 inches above the floor level and shall indicate the path of exit travel. For exit and exit -access doors, the sign shall be on the door or adjacent to the door with closest edge of the sign or marker within 4 inches of the door frame. (California Building Code section 1007.2.8). 9. Minimum Plumbing Facilities: The total occupant load shall be determined by minimum exiting requirements. The minimum number of fixtures shall be calculated at fifty (50) percent male and fifty (50) percent female based on the total occupant load (Uniform Plumbing Code Table 4-1). 10. The width of the level area on the side to which the door swings shall extend 24 inches past the strike edge of the door for exterior doors and 18 inches past the strike edge for interior doors (California Building Code section 1133B.2.4.3). The doors at the office area do not appear to comply with this requirement. 11. Full access to the disabled must be provided for the specific area of remodel, repair or addition. Additionally, 20% of the cost of the project must be invested in access features for the existing area of the building. Provide verification of how this will be accomplished. 12. In other than dwelling units, a means of egress shall not pass through kitchens, storerooms, closets or spaces used for similar purposes (Uniform Building Code section 1004.2.2). The office rooms cannot exit through the storage areas. 13. Plan review will continue upon receipt of the above items. Additional comments may be generated from your response above where plan documents were incomplete, inconsistent, or not adequate to depict code compliance. PART - D[ The items identified below must be submitted prior to permit issuance. These items were noted at time of permit application on the PERMIT APPLICATION DATA SHEET. 2 of 3 1. Balance of Building Permit Em will be determined when the above items have been receided aril reviewed. - 2. Sanitation and plot plan approval is required from the Butte County Environmental Health Department. 3. Contact the Butte County Planning Division to obtain approval for Use and Parking. If you wish to discuss any requirements in EART o L you may contact me at (530) 538-7541 between the wars of 1:00 p.m. and 4:00 p.m., Monday through Friday. The attached checklist must accompany corrected items. Sincerely, Glenn Gibbons Plans Examinee 3 of 3 L7 Mr. George W. M. Mull Attorney at Law 1012 38' Street Sacramento, CA 95816 Fax: 916 456 0120 BEAUTY 7 COUNTY CENTER DRIVE OROVILLF- CALIFORNIA 85955-3397 January 17, 2002 TELEPHONE: (530) 538-7801 FAX: (530)538-7785 Re: First Amendment Gentlemen's Club, AKA Centerfolds - Warning Letter Re: Violations; Request for Transfer Application Dear Mr. Mull: An investigation concerning a substantial number of issues regarding your compliance with Butte County's Adult Business Ordinance (Butte County Code Sections 15-110 et seq.) and your Adult Business Regulatory Permit, at the above named Adult Business has been submitted to me as required by Butte County Code Section 15-124. This warning letter informs you that there have been numerous violations of the County's Adult Business Ordinance observed within the above named Adult Business, requests your cooperation in eliminating the occurrence of such violations immediately and also informs you of the consequences for failure to do so. Pursuant to the discretion accorded to the Director of Development Services under Section 15- 118(x), I have determined not to proceed with permit suspension/revocation proceedings at this time. Future violations of the Adult Business Ordinance/Adult Business Regulatory Permit may result in suspension/revocation proceedings. PERFORMANCE -RELATED VIOLATIONS OF THE ORDINANCE In September, 2000, the Butte County Sheriffs Department and District Attorney began an investigation of the First Amendment Club. Interviews of individuals associated with the Club were conducted and two plain clothes Sheriffs detectives entered the Club on several occasions and conducted video surveillance of activities within the Club during its business hours on January 27, February 3 and February 10, 2001. The observations made by the deputies, confirmed by video tapes taken at the Club, indicate that entertainers wearing only g-strings, or in some cases wearing no clothing, danced on a stage surrounded.by patrons seated at the edges of the stage, having physical contact with patrons and accepting money (tips) directly from patrons. The 1 Mr. George W. M. Mull Re. First Amendment Club January 17, 2002 Page 2 investigation supports the following findings: I. There was no 10 -foot separation observed between adult performers and patrons, as required by Section 15-120(l)(1) of the Ordinance; 2. There was no physical barrier between the adult performers and the patrons of the club as required by Section 15-120(i)(2) and Section 15-120(k)(2) of the Ordinance; 3. There was physical contact between the adult performers and the patrons of the club, which is prohibited by Section 15-120(i)(1) of the Ordinance; 4. There was direct tipping of the adult performers by patrons, which is prohibited by Section 15-120(i)(3) of the Ordinance; 5. No reasonable effort was made by management to prevent the above conduct between patrons and the adult performers, as required by Section 15-118(c)(2)(iv) and Section 15- 118(c)(2)(vi) of the Ordinance. On January 27, 2001, Manager Steven Clark was observed aiding and assisting in the above conduct by performers, by announcing a raffle event in which the "winner" of the raffle event would be allowed to sit on stage and participate in live performances and have physical contact with performers. As you know, the investigation culminated in the execution of a search warrant on the club on March 10, 2001, and the eventual filing of prostitution charges against several of the adult performers depicted on the video tapes and also pimping and pandering charges against Steven Clark, who can be observed on the video tapes. The following is a list of the performers who were observed to have violated the prohibition against touching patrons and accepting tips directly from patrons on the evenings indicated: January 27, 2001 Shannon Staudinger, AKA Paisley Jennifer Johnson, AKA Cleopatra Andrea Spessard, AKA Jade Trina Taylor, AKA Mercedes Tufue Tuatoo, AKA Asia Lisa Smiley, AKA Gemini February 3, 2001 Laura Biddle, AKA Yemini E Mr. George W. M. Mull Re: First Amendment Club January /7, 2002 Page 3 Jennifer Johnson, AKA Cleopatra Tanya Romesha, AKA Jordan Trina Taylor, AKA Mercedes Tufue Tuatoo, AKA Asia Andrea Spessard, AKA Jade February 10, 2001 Andrea Spessard, AKA Jade Ashley Lisa Smiley, AKA Gemini Trina Taylor, AKA Mercedes Zoey Jennifer Johnson, AKA Cleopatra It appears that only two of the performers listed above who were violating the ordinance while performing at the club subsequently applied for Adult Performer permits with the Sheriffs Office. Further, the club has been advertising performances by specific Adult Performers via weekly Chico newspaper advertisements, for the last seven months. None of the Performers advertised have ever submitted an application with the Sheriffs Office for an Adult Performer Permit. Allowing an Adult Performer who has not applied for an Adult Performer Permit to perform at the club is a violation of both Sections 15-117(a) and 15-118(c)(2)(vi).. Please immediately cease all advertising of performances by unlicensed Adult Performers. Please also immediately arrange for each of the Adult Performers currently working and those performers whom you anticipate will soon be working at the First Amendment Gentlemen's Club to submit a complete application for an Adult Performer Permit to the Sheriffs Office. In addition, please immediately instruct your staff at the club not to allow performances by unlicensed Adult Performers. Finally, the investigative reports also set forth interviews which reveal that the Club has within it a "VIP Room," wherein private "lap dances" are conducted, sometimes as a prize won pursuant to a drawing. This is a violation of Section 15-120(g), in that the VIP Room is not "open to view by the management at all times." Advertisements in the weekly Chico newspaper have advertised "VIP dances" for at least seven months. Please immediately cease all advertising of "VIP dance" performances and immediately instruct your staff to immediately discontinue such performances at the Club. INTERIOR DESIGN VIOLATIONS You have pledged to bring the interior of the Club into compliance with the operational 3 Mr. George W. M. Mull Re: First Amendment Club January 17. 2002 Page 4 requirements of the Ordinance, including but not limited to elevating the stage or stages used at the club, installing a physical barrier between the stage and the seating for patrons, and arranging the seating for patrons 10 feet away from the stage. Butte County Building Official Michael Vieira has informed me that he toured the facility with Manager Steven Clark some time ago and that Mr. Clark had shown hien two stages in the main room. The center stage was not separated from patron seating by a barrier or space. There was also a stage in a corner, which appeared to be separated from patron seating. Mr. Clark told Mr. Vieira that the center stage would only be used when performers are clothed and that the comer stage would be used when Specified Anatomical Areas were displayed by performers. Of course, the center stage is where the violations observed by the officers and depicted on the videotape took place. To my knowledge, Steven Clark is still the Manager of the Club. Mr. Vieira has informed me that, although the process of bringing the interior of your business into compliance with the stricter interior design requirements specified in the permanent ordinance was started, that process has not been completed. Mr. Vieira has further informed me specifically, that: 1. You were issued a temporary certificate of occupancy on 10/20/98, contingent on making changes to the interior of the building; 2. Since that time, however, you have changed the way the building is used, by changing both the layout within portions of the building which were being used when the temporary certificate was issued and also using portions of the building that were not being used when the temporary certificate was issued; I A written list of corrections to the interior of the building, issued by Mr. Vieira after his inspection 2/15/01 has not been fully complied with; 4. Although Mark Boyles applied for building and demolition permits on 5/14/01 to bring the building into compliance with the new ordinance by elevating the stages, etc., a list of plan corrections required to accomplish this was issued on 5/18/01, the remodel permit has not been issued, and the work necessary to bring the building into compliance has apparently never been completed, inspected and approved. 4 Mr. George W. M. Mull Re: First Amendment Club January 17, 2002 - Page S VIOLATIONS OF ADULT BUSINESS REGULATORY PERMIT The Adult Business Regulatory Permit issued to you on October 16, 1998, indicated, in Condition #5, that: The permittee is advised of the following: this permit was issued by the County pursuant to an interim adult business ordinance; over the next few months to a year, the County intends to carefully evaluate, consider and adopt a permanent adult business ordinance, consistent with applicable constitutional requirements and limitations as well as the current conditions in the County; the permanent regulations may include more extensive regulation of adult businesses, possibly including but not limited to regulation of the entertainers, interior lighting requirements, spacing between patrons and entertainers, interior design standards for live entertainment facilities (e.g. stage and railing requirements, interior lighting requirements, spacing between patrons and entertainers, dressing rooms, separate entertainer entrance/exit, restrictions against physical contact between entertainers and patrons, and restrictions against direct payment or gratuity from patron to entertainer); and, to the extent allowed by law, the county intends to apply any additional or more stringent regulations to pre-existing adult businesses, including the cabaret business for which this permit is issued. As you have previously been informed, Condition #5 of the Adult Business Regulatory Permit issued to you on October 15, 1998 notified you that the County intended, to the extent allowed by law, to apply additional or more stringent regulations provided for in the permanent ordinance to your business. Of course, as acknowledged above, a process has been started, but not completed, which will hopefully result in bringing your facility into compliance with the stricter interior design requirements specified in the permanent ordinance. Pursuant to the above, both the performance violations and the interior design violations set forth above constitute violations of Condition /f5 of your Adult Business Regulatory Permit. As you are also aware, Condition #I I of your Adult Business Regulatory Permit specifies that your club is authorized to operate as an Adult Cabaret only.' It appears that you have been Further, although Section 15-110 of the Ordinance defines various other types of adult businesses, both Sections 15- 111 and 15-113 prohibit the operation of any of the various types of Adult Businesses defined in Section 5-110 without a permit. Section 15-1100) indicates that adding one of the defined types of Adult Businesses to another duly permitted Adult Business is the functional equivalent of establishing a new Adult Business. Adult video sales constitute the establishment of an Adult Bookstore without obtaining an Adult Business Regulatory Permit, in violation of Sections 15-111 and 15-113. W Mr. George bf! M. Mull Re: first Mnen&nent Club January 17. 2002 Page 6 violating both Condition #11 of the Adult Business Regulatory Permit and Section 15-113 for over six months now by selling adult videos. Please immediately instruct your staff at the club to immediately cease both advertising of and sales of adult videos. The Club is also violating Condition #14 of its permit, as well as Butte County Code Section 15- 120(k) by failing to have two uniformed security guards on duty at all times. Please also note that the persons so employed must devote their efforts exclusively to security purposes, and may not be employed for other purposes, such as selling or taking admission fees or tickets. Based on the above discussion, you should mediately immediately do the following: I. Contact staff/independent contractors at the above named club and obtain compliance with all provisions of the Adult Business Ordinance, including but not limited to provisions requiring separation between Adult Performers and patrons, provisions prohibiting physical contact between Adult Performers and patrons, provisions prohibiting direct tipping by patrons of Adult Performers and provisions requiring that only licensed Adult Performers engage or participate in live performances. 2. Complete renovations to the building sufficient to bring the building into compliance with the interior design requirements specified in the permanent ordinance and request an inspection by the Building Division. I Stop selling adult videos on the premises, as well as all other activities being conducted which are outside the scope of the Adult Cabaret business category originally authorized by your Adult Business Regulatory Permit. 4. Cease all advertising of activities prohibited by the Ordinance and/or your Adult Business Regulatory Permit, including but not limited to "VIP dances," performances by unlicensed Adult Performers and adult video sales. 5. Employ two uniformed security guards exclusively for security purposes. 0 s Mr. George W. M. Mandl First Amotdn mt C7ub Jan wy 17.2002 Page 7 Thank you for your courtesy and your anticipated dare cooperation in this matter. of you have any questions or wish to discuss this matter further, please do not hesitate to call me. Tot# Buford Director of Development Services cc: Mark Boyle Rob MacKenzie, Deputy County Counsel MW18 7 • ev tF • o o • s • cou�� BRUCE S. ALPERT COUNTYCOUNSEL OFFICE OF COUNTY COUNSEL COUNTY OF BUTTE 25 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3380 PHONE (530) 538-7621 FAX (530) 538-6891 counrycounsel@buttecounty.net May 22, 2002 Mr. Mark Boyles �tiSv' Three Kings ,Inc . Dba Centerfolds 1, 15430 Highway 99, North Chico, CA 95973 Re: Your Letter of April 17, 200 Dear Mr. Boyles: ASSISTANT COUNTY COUNSEL DAVID M. MCCLAIN CHIEF DEPUTY COUNTY COUNSEL ROBERT W. MACKENZIE DEPUTY COUNTY COUNSEL FELIX WANNENMACHER ELIZABETH McGIE ROGER S. WILSON Rowe To: \•Igr.f B 0- FA- LL In ^ Frofn%ir. I i~ BLITTt P%, . Thank you for your above referenced letter. If George Mull represents Three Kings, Inc. in this matter or if you wish me to address all future: communications concerning this matter to Mr. Mull, I will do so. It is important that you inform me if you wish me to communicate only with Mr. Mullin the future. Your assertion in the above referenced letter that "nothing is being `transferred'" does not comport with evidence from several sources indicating that the ownership and operation of the club has been transferred from George Mull to you. Mr. Mull told me during a phone conversation last spring that he was selling the club to You. Various members of your staff at the club referred to you as the "new owner" during the undercover investigation conducted by the Butte County Sheriff's Office last year. Finally, your filing with the. Secretary of State last fall indicates that you have taken over the operation of the corporation from Mr. Mull (you are indicated as all officers and the sole director of the corporation, positions which were all formerly occupied by Mr. Mull). Thus, while I do not understand your objection to the "Transfer of Ownership" indication on the top of the Conditional Adult Business Regulatory Permit sent to you in 1 ! �i1 Mr. Mark Boyles May 22, 2002 Page 2 February, if you insist on perpetuating a fiction, it seems counterproductive to argue over it. The Department of Development- Services (DDS) will send you a new Conditional Adult Business Regulatory Permit, indicating that the Permit is being renewed rather than transferred, which must be signed and returned within 30 days of the day it is sent in order to become valid. The duration of the Permit's term, if it becomes valid, will be three (3) years, beginning on October 15, 2001 and ending on October 14, 2004. The new Permit will indicate the above duration on its face. Your above referenced letter makes two assertions regarding the Certificate of Occupancy issue I raised in my last letter to you. Both miss the point. Until you request an inspection of the facility from the Building Division, and until such inspection is completed, and until the Building Division issues a Certificate of Occupancy for the facility, the entire facility is not in compliance with County requirements. Thus, it is absolutely essential that you contact the Building Division immediately and request an inspection of the facility, so that you can ultimately obtain a Certificate of Occupancy. Thank you very much for your courtesy and anticipated cooperation in this matter. If you have any questions, or wish to discuss this matter further, please do not hesitate to call me. Very truly yours, Bruce S. Alpert, Butte County Counsel By--- Robert y Robert W. MacK@frz-ie Chief Deputy County Counsel c Davis, Interim Development Services Director Michael Vieira, Development Services Carl Durling, Development Services �n G: \ROB\boyles3. wpd D E C V ':( 2 3Z- ' BUTTE COUNTY 2 vi &NNING DIVISII • 0\i TE • • o � e e • BRUCE S. ALPERT COUNTY COUNSEL 0 U OFFICE OF COUNTY COUNSEL COUNTY OF BUTTE 25 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3380 PHONE (530) 538-7621 FAX (530) 538-6891 countycounsel0buttecounty. net May 22, 2002 Mr. Mark Boyles Three Kings, Inc. Dba Centerfolds 15430 Highway 99, North Chico, CA 95973 Re: Your Letter of April 17, 2002 Dear Mr. Boyles: ASSISTANT COUNTY COUNSEL DAVID M. McCLAIN CHIEF DEPUTY COUNTY COUNSEL ROBERT W. MACKENZIE DEPUTY COUNTY COUNSEL FELIX WANNENMACHER ELIZABETH WGIE ROGER S. WILSON Rp LCMAY 0 EOV-E 2 2002 40 BUTTE COUNTY PLANNING DIVISION Thank you for your above referenced letter. If George Mull represents Three Kings, Inc. in this matter or if you wish me to address all future communications concerning this matter to Mr. Mull, I will do so. It is important that you inform me if you wish me to communicate only with Mr. Mull in the future. Your assertion in the above referenced letter that "nothing is being transferred," does not comport with evidence from several sources indicating that the ownership and operation -of the club has been transferred from George Mull to you. Mr. Mull told me during a phone conversation last spring that he was selling the club to you. Various members of your staff at the club referred to you as the "new owner" during the undercover investigation conducted by the Butte County Sheriff's Office last year. Finally, your filing with the Secretary of State last fall indicates that you have taken over the operation of the corporation from Mr. Mull (you are indicated as all officers and the sole director of the corporation, positions which were all formerly occupied by Mr. Mull). Thus, while I do not understand your objection to the "Transfer of Ownership" indication on the top of. the Conditional Adult Business Regulatory Permit sent to you in 01 Mr. Mark Boyles May 22,-2002 - - -. Page 2 February, if you insist on perpetuating a fiction, it seems counterproductive to argue over it. The Department of Development Services (DDS) will send you a new Conditional Adult Business Regulatory Permit, indicating that the Permit is being renewed rather than transferred, which must be signed and returned within 30 days of the day it is sent in order to become valid. The duration of the Permit's term, if it becomes valid, will be three (3) years, beginning on October 15, 2001 and ending on October 14, 2004. The new Permit will indicate the above duration on its face. Your above referenced letter makes two assertions regarding the Certificate of Occupancy issue I raised in my last letter to you. Both miss the point. Until you request an inspection of the facility from the Building Division, and until such inspection is completed, and until the Building Division issues a Certificate of Occupancy for the facility, the entire facility is not in compliance with County requirements. Thus, it is absolutely essential that you contact the Building Division immediately and request an inspection of the facility, so that you can ultimately obtain a Certificate of Occupancy. Thank you very much for your courtesy and anticipated cooperation in this matter. If you have any questions, or wish to discuss this matter further, please do not hesitate to call me. Very truly yours, Bruce S. Alpert, Butte County Counsel / By Robert W. MacK zie Chief Deputy County Counsel cc: Fred Davis, Interim Development Services Director Michael Vieira, Development Services 1rl Durling, Development Services Q \ ROWboylesl wpd 2 pECEE E MAY 2 3 2002 BUTTE COUNTY I PLANNING DIVISION t • e • s OVNt'� BRUCE S. ALPERT COUNTY COUNSEL C E V E OFFICE OF COUNTY COUNSE COUNTY OF BUTTE-- MAR'2 9- 2M 25 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3380 PHONE (530) 538-7621 BUTTE COUNTY FAX (530) 538-6891 PLANNING DIVISION countycounsel®buttecounty.net ASSISTANT COUNTY COUNSEL DAVID M. McCLAIN Mr. Mark Boyles Three -Kings, Inc. Dba Centerfolds 15430 Highway 99, North Chico, CA 95973 CHIEF DEPUTY COUNTY COUNSEL ROBERT W. MACKENZIE DEPUTY COUNTY COUNSEL FELIX WANNENMACHER = ELIZABETH McGIE ROGER S. WILSON March 28, 2002 Re: Your Letter of March 6, 2002 Dear Mr. Boyles: rl.D DA I ® Route To: 13 A Pp D FA D CS Fr m: Du. +`t 0 3/2sia� Thank you for your above referenced letter. Unfortunately, your failure to sign and return within 30 days the Conditional Adult Business Regulatory Permit sent to you on February 15, 2002, has rendered said permit invalid. If you have continued to operate the business since March 17, 2002, such operation is unlawful, as it has occurred without a current, valid Adult Business Permit issued by the Department of Development Services (DDS). Your above referenced letter indicated that you "do not have the authority or interest to sign any documents personally." It is difficult for me to believe that you, as the president and the designated agent for service of process of Three Kings, Inc. (I have your filing with the California Secretary of State) do not have the authority to sign documents on behalf of the corporation. Fortunately, however, it is not necessary for us to debate this point. The County's Adult Business Ordinance, specifically Butte County Code Section 15-113(b)(2), requires you or another officer Mr. Mark Boyles March 28, 2002 Page 2 of the corporation (The building permit application you previously submitted indicates you are all officers of the corporation, as I have previously pointed out.), to sign and return the above referenced permit, unless an individual with a 10% or greater ownership interest in the corporation signs and returns the permit. Further, I neglected to mention in my letter of February 15, 2002 (I apologize for this oversight.), that Butte County Code Section 15-113(b)(3) requires that, if you intend to operate the adult business under a name other than your own, you must file the fictitious name of the adult business with DDS and show proof of registration of that fictitious name. Please include the information required by Section 15-113(b)(3) along with the signed permit when you return it. To summarize, please either sign and return the above -referenced Conditional Permit or arrange for an individual other than yourself with a 10% or greater ownership interest in the business to sign and return the Conditional Permit, along with the information concerning the business entity requested above, immediately. Your letter also indicates that: "The construction permit we applied for required too much effort. So, we used the existing layout and simply added new furniture,carpet, and paint which did not require a permit." I attached a warning letter addressed to George Mull from Tom Buford, interim DDS Director, dated January 17, 2002, to my letter to you of February 15, 2002. On pages 3 and 4 that letter informed George Mull (and you) that in order to bring the adult business into compliance with the operational requirements of the Ordinance, he was required to elevate the stage or stages used at the club, install a physical barrier between the stage and the seating for patrons, and arrange seating for patrons 10 feet away from the stage. Section 15-120 of the ordinance requires a stage to be elevated 18" above the floor, a 10' separation between adult performers and patrons, and a physical barrier between adult performers and patrons. The letter indicated that the above was not a complete list of all the physical interior remodeling necessary to achieve compliance with the ordinance. Thus, regardless of whether it is your opinion that the construction permit you previously applied Mr. Mark Boyles March 28, 2002 Page 3 for requires "too much effort," such effort is required by the Ordinance. It is necessary for you to comply with the operational requirements of the Ordinance in order to obtain a Certificate of Occupancy from the Building Division of DDS. The business has been operated without the benefit of a Certificate of Occupancy for over four years now, ever since the Temporary Certificate of Occupancy issued to Three Kings, Inc. expired on November 19, 1998. I have attached that Temporary Certificate and two other documents for your information. It is absolutely essential that you complete the interior remodeling necessary to achieve compliance with the ordinance and obtain a Certificate of Occupancy. To summarize: Please sign, or arrange for a stockholder whom owns over 10% of the corporation's stock to sign the above -referenced Conditional Permit, and return it immediately, along with the information concerning the business entity requested above. Further, please complete all remodeling necessary to bring the facility into compliance with the structural and operational requirements of the ordinance as soon as possible, and obtain a Certificate of Occupancy. .Thank you very much for your courtesy and anticipated cooperation in this matter. If you have any questions, or wish to discuss this matter further, please do not hesitate to call me. Very truly yours, Bruce S. Alpert, Butte Coun. oun Robert W. MacKenzie Chief Deputy Coun Counsel cc Davis, Interim Development Services Director Michael Vieira, Development Services Carl Durling, Development Services GAROBIWyl.l.nd „L 11:ia rna a10 445 4018 BARTKIEWICZ: HRONICK, & 0 002 O 9 Of 10 DOCUMENTS ”** THIS DATA IS FOR INFORMATION PURPOSES ONLY. CERTIFICATION CAN ONLY -BE OBTAINED THROUGH THE OFFICE OF THE CALIFORNIA SECRETARY OF STATE. *** CALIFORNIA SECRETARY OF STATE, CORPORATE RECORD. NAME: THREE KINGS, INC_ TYPE OF CORPORATION: ARTICLES OF INCORPORATION (DOMESTIC) CORPORATE STATUS: ACTM DATE OF INCORPORATXON/QUALXFICATION: 05/21/1998 MAILING ADDRESS: 15430 HWY 99 N CHICO, CA 95973 STATE OF INCORPORATION: CALIFORNIA REGISTERED'AGENT: MARK DOYLES REGISTERED OFFICE: 15430 HWY 99 N CHICO, CA 95973 PRESIDENT: MARK BOYLES 15430 HWY 99 N CHICO, CA 95973 STATEMENT OF OFFICERS FILE NUMBER: 6BB882 STATEMENT OF OFFICERS FILE DATES: 11/13/2001 CORPORATE NUMBER: 2.09093 CALL LEXIS DOCUMENT SERVICES FOR ALL YOUR CORPORATE NEEDS. 800-634-9738 Mar 28 02 02:30p 10-16-48 : 61J9 Xe To MAVGe ltTE I9w. 4 RESIDENTI DfuW lJ tz PMT; t4oTI FtEO o,1 VAplo TttAT ftV , '4tT1t• U4t- 9-Ev0e" DUE To FAtL.60 WATER TEST SAa0-tPLE -ADVISED NR. ,41 tj T*kT PERMIT NO. pC'9-ulj COU(Z N0T S6 lssUEp W IT40LATPERMIT EXPIRES _ Y ALID KEALTµ. -0EPT- CLeAroNG6 . QEJIt:lt p S C5LD6) W Ltu µR. OWNER Mul.t 4nocuTED OUT NE{X.SSA Ve Ra O$T4 itij CONTR. �,cP C,�IrLT o Occ-"PAIV'"L. Jot DR APNRe ASSESSOR PARCEL tE STAkp DNPLA MlA(L. >jS4 LSFT p(A�SW/ MR- LOCATIONw�, P i f47-10-14'6#'98-2248' THREE KINGS INC 15430 HWY.99, CHICO .. UNKNOWN NEW DANCE PLATFORM & WALLS to-2o.gb WAcTeZ 5AMP LEE APPracjEo . KEALr* CLIZ. CLE 1NS�ttTC-O. MSPEc.-i�p SITE. ArPPt16-a NEW +A.Ppizoves STAMPS To 30 �hY 'iL�-tP. G�o 10-2o-qb iz, Pt�1N t SsctEp 1506- . PMT. t sst�v 30 TG-ty Post-Itm Fax Note 7671 Date Page 'S e) P. c.E2r o oc� - ApTeZ (Ilf SP, 3 ot$ OF e'MTs To 7JQ From01 Q C-IG►IiS� (}q t r IsLeCT'. EQUIP sox CVyeas pa Co./Dept. Co. �kt1�jG A' 1 L -CWT A Phone 9 Phone k LIST If ltE/r(S "' W 0"L 1010 DKeific. 30 Fax a Fax a OAT TRIP- Oct,, l� ATE Ql-s p trEp t VrSE Lptyour Pecv;6 r-5 ACC.PARk�IJI. tpp g1VSw$M►T P�p.titS Ctz�vlsED J%Q 0 p E'oR C'Vag-'�D"L W0lr1CATlvtZ,& �tAt13 �iKTs. I�pfu�E--c G, ��a�G CHECKED Arzc t SRA BY � tS Ta✓ PES' PlEr4a NG Q ,5WR,? P FLOOD CERTIFICATE REQ. �R FIRE SPRINKLERS REQ. AVrzemo,jE-- CA,"ETRzOM SPECIAL INSPECTION ITEMS PwAus tr> ._ VERIFY HOS So to pet DDO 2 --- ® TAr*rA C- 1t*SS C%Rr"DOIL tNA(�- Temp. Power Pole � C*T14 Doo �1 D � _ To Irla All N !_[(Z Called PG&E Aunt V . Eisv g Eta M WhTE C4R.¢I Dopy-- IQ,(;MA- DF -S14" "'"J- (A'OM- TUtt LS A. PRePtOiGo Temp. Elec. Service w V,RCAT%'DjJ — t0RR400IL �0� &N d DO -0, W/ �Y Called PG&E tt IL) Temp. Gas Service ��IIDE lN�oR.1„r,/t�T1e� '+,1 Called PG&E Pwl'os&D PAO- GIS"V ? Ark W 1 LL 69E G04V E-K71D To D�C�,- D.1 BCCA- — (PSS JOB FINALED (Date) 6c S(AINA17C-P) Z2•q g Co1J F'MkE-9 RCC M St�Ac. INLr , Signature rear 28 02 02:30P P.2 �• %aqua-�-� io 74/�,, 114is 15 pra9ms w 5ev4jtMG tMTwRaot-4S . f-&� r5vlsjs� C4,AMENTLY . w/ jr"lL V DcJ 'To c0R4etDeiL. GBI4-4eADoc tS e SXtr. COUNTY OF BUT'T'E DEPARTMENT OF DEVELOPMENT SERVICES BUILDING DIVISION OROVILLE, CA 95965 (PHONE: 538-7541) TEMPORARY CERTIFICATE OF OCCUPANCY (VALID 30 DAYS AFTER DATE OF THIS CERTIFICATE) This building has been constructed and completed in accordance with the requirements of the Uniform Building Code under permit number m 98-2248 for the following: Use Classification: Adult Cabare Thr_ ee Kings Inc Address• .b m •• Group 1994 UB ) A-1 Occupancy; Type V -N Construction. It is hereby certified for the. occupancy described above and may be occupied. Mans r, Building Inspection Date: 20 October 1998 by i o POST IN A CONSPICUO S PLACE m o(NOTICE: - A new Certificate of Occupancy is required if the use or occupancy of this building changes. This Certificate of Occupancy shall be posted in a conspicuous place and is not to be removed by other than the Building Inspector.) N OFFICE OF COUNTY COUNSEL COUNTY OF BUTTE - - - v rE 25 COUNTY CENTER DRIVE MAR 2 g 2002 ', OROVELLE, CALIFORNIA 95965-3380 o PHONE (530) 538-7621 FAX (530) 538-6891 BUTTE COUNTY PLANNING DIVISION OV IN countycounsel@buttecounty.net ASSISTANT COUNTY COUNSEL DAVID M. McCLAIN BRUCE S. ALPERT CHIEF DEPUTY COUNTY COUNSEL COUNTY COUNSEL ROBERT W. MACKENZIE DEPUTY COUNTY COUNSEL FELIX WANNENMACHER ELIZABETH WGIE ROGER S. WILSON March 28, 2002 Mr. Mark Boyles Three Kings, Inc. Dba Centerfolds 15430 Highway 99, North Chico, CA 95973 Re: Your Letter of March 6, 2002 Dear Mr. Boyles: Thank you for your above referenced letter. Unfortunately, your failure to sign and return within 30 days the Conditional Adult Business Regulatory Permit sent to you on February 15, 2002, has rendered said permit invalid. If you have continued to operate the business since March 17, 2002, such operation is unlawful, as it has occurred without a current, valid Adult Business Permit issued by the Department of Development Services (DDS). Your above referenced letter indicated that you "do not have the authority or interest to sign any documents personally." It is difficult for me to believe that you, as the president and the designated agent for service of process of Three Kings, Inc. (I have your filing with the California Secretary of State) do not have the authority to sign documents on behalf of the corporation. Fortunately, however, it is not necessary for us to debate this point. The County's Adult Business Ordinance, specifically Butte County Code Section 15-113(b)(2), requires you or another officer E Mr. Mark Boyles March 28, 2002 Page 2 • of the corporation (The building permit application you previously submitted indicates you are all officers of the corporation, as I have previously pointed out.), to sign and return the above referenced permit, unless an individual with a 10% or greater ownership interest in the corporation signs and returns the permit. Further, I neglected to mention in my letter of February 15, 2002 (I apologize for this oversight.), that Butte County Code Section 15-113(b)(3) requires that, if you intend to operate the adult business under a name other than your own, you must file the fictitious name of the adult business with DDS and show proof of registration of that fictitious name. Please include the information required by Section 15-113(b)(3) along with the signed permit when you return it. To summarize, please either sign and return the above -referenced Conditional Permit or arrange for an individual other than yourself with a 10% or greater ownership interest in the business to sign and return the Conditional Permit, along with the information concerning the business entity requested above, immediately. Your letter also indicates that: "The construction permit we applied for required too much effort. So, we used the existing layout and simply added new furniture, -carpet, and paint which did not require a permit." I attached a warning letter addressed to George Mull from Tom Buford, interim DDS Director, dated January 17, 2002, to my letter to you of February 15, 2002. On pages 3 and 4 that letter informed George Mull (and you) that in order to bring the adult business into compliance with the operational requirements of the Ordinance, he was required to elevate the stage or stages used at the club, install a physical barrier between the stage and the seating for patrons, and arrange seating for patrons 10 feet away from the stage. Section 15-120 of the ordinance requires a stage to be elevated 18" above the floor, a 10' separation between adult performers and patrons, and a physical barrier between adult performers and patrons. The letter indicated that the above was not a complete list of all the physical interior remodeling necessary to achieve compliance with the ordinance. Thus, regardless of whether it is your opinion that the construction permit you previously applied • Mr. Mark Boyles March 28,_2002 Page 3 for requires "too much effort," such effort is required by the Ordinance. It is necessary for you to comply with the operational requirements of the Ordinance in order to obtain a Certificate of Occupancy from the Building Division of DDS. The business has been operated without the benefit of a Certificate of Occupancy for over four years now, ever since the Temporary Certificate of Occupancy issued to Three Kings, Inc. expired on November 19, 1998. I have attached that Temporary Certificate and two other documents for your information. It is absolutely essential that you complete the interior remodeling necessary to achieve compliance with the ordinance and obtain a Certificate of Occupancy. To summarize: Please sign, or arrange for a stockholder whom owns over 10% of the corporation's stock to sign the above -referenced Conditional Permit, and return it immediately, along with the information concerning the business entity requested above. Further, please complete all remodeling necessary to bring the facility into compliance with the structural and operational requirements of the ordinance as soon as possible, and obtain a Certificate of Occupancy. Thank you very much for your courtesy and anticipated in this matter. If you have any questions, or wish to matter further, please do not hesitate to call me. Very truly yours, Bruce S. Alpert, Butte CountviCouns cooperation discuss this J By Robert W. MacKenzie Chief Deputy Coun Counsel cc: Fred Davis, Interim Development Services Director Michael Vieira, Development Services Ll�;;�g, Development Services 0:IR081Co W."d -•, ••••- o�u aao auto BARTKIEWICZ, KRONICH.' & 0002 d 9 Of 10 DOCUMENTS *** THIS DATA IS FOR INFORMATION PURPOSES ONLY. CERTIFICATION CAN ONLY BE OBTAINED THROUGH THE OFFICE OF THE CALIFORNIA SECRETARY OF STATE. *** CALIFORNIA SECRETARY OF STATE, CORPORATE RECORD. NAME: THREE KINGS, INC_ TYPE OF CORPORATION: ARTICLES OF INCORPORATION (DOMESTIC) CORPORATE STATUS: ACTIVE DATE OF INCORPORATION/QUALIFICATION: 05/21/1998 MAILING ADDRESS: 15430 HWY 99 N CHICO, CA 95973 STATE OF INCORPORATION: CALIFORNIA REGISTERED -AGENT: MARK-BOYLES REGISTERED OFFICE: 15430 HWY 99 N CHICO, CA 95973 PRESIDENT: MARK BOYLES 15430 HWY 99 N CHICO, CA 95973 STATEMENT OF OFFICERS B'IL'E NUMBER: 689882 STATEMENT OF OFFICERS FILE DATE_ 11/13/2001 CORPORATE NUMBER: 2109093 CALL LEXIS DOCUMENT SERVICES FOR ALL YOUR CORPORATE NEEDS. 800-634-9738 Mar 28 02 02:30p i8 --FEAR We To MAKE lft- 1?Jw. # RESIDENTI DEUUI`rt -PMT; t4oT1 FLED 64 001c T*A-T ftV 11�t.Tl♦ ut. REutxro Oue To FAtt.Eo W14TER TEST SAMPLE a4VISE0 `r'hT P9JUIT COULD NOT RE ISSUED W IT"L(T Y Atl p REAL -14 tel✓ PT. GLe:Ar,4NG6 . WtjlG )ft WIN IdR. NtuI.0 nocuTfD OUT ITCIL4S hJEC.ESS • p.l 047-10-146 #98-2248 THREE KINGS INC. 15430 HWY 99, CHICO UNKNOWN NEW DANCE PLATFORM & WALLS PERMIT NO. i r /C - J � PERMIT EXPIRES OWNER _ ' --T � m aTl4Itj CONTR. — 7 _MP Cee o PA#JV STA�(p 0,4�� S �GGI,t W.ol � AP�RsI�a ASSESSOR PARCEL l(tA(L. L��T 9"S W/ HR• LOCATION 10-20.g8: Wk -MQ- SAMPLE APPRojeo , geALr* CLP.. CLE-{rJSfhTc-o. 'WSPEcTEp SITE. "Pu ED NEW 1Appi,,,j6$ ST,4"pS T10 3o 'DAY TEMP. FtgN l PSI; Ep F1t.D6. PMT. 15,; 30 var Te -X4 P,c,F/L'G a / pcL • AFTeZ (IIJSP, Post -It® Fax Note 7671 Date 3 o1g paoge SAC;( o) 017 L"MTs To 7J� From , I.IGH'!S� E}{�w�.r �tKT. EputP Co./Dept. Co. BOX Coye"' POeVAgG "46:0" r VL'fT A Phone # Phone # C.tiT �� ItEMS WOR�c• '00jDt4 2IM4 I Fax It RI -7 i Fax# DAY TE�MP. OCC,• RATEE I'JIi A I.Ep f� SE CPtY�uT Pecu; G•�tS Pi4a4e401, f►pp� g'0/St��MIT Pc,ptitS CIZEvISE�) hCtp . ^iT Ai 1.j 4 S�maA-GG ,s CHECKED �'T coM PtE7E PEa oUc t SRA BY Pu�Jz . GtaJU 0c, Q om, P FLOOD CERTIFICATE REQ. FIRE SPECIALRINSPECTSIONQITEMS � t2E1-toVE cP�RPET �M LvM,cs ---- POSEro eoR�lupo2 VERIFY f-' RAS STemp. Power Pole ~' C%CjU pops. W AtL IC Dava t 4aT< al;dw �DBR.-- � EU#41 N 4 -Ta Called PG&E Zot caR.R/DoR- �wp,(L, DES{GwRTtol,j, ( p�.� Ali S Temp. Elec. Service %tOplQCAj%04 _ GDt�Q. l PRaPoi6fl emP l S U,ce.Q rc�,SY 5N( A tt "Ova- Wl PLIC. M-Dvj Called PG&E b"' /nav `Dc- Temp. Gas Service l N �o R� 171 e1� P( s 6aa4 tAj% Called PG&E PW rbSEp 9-ke uSA�E . BA+z talo co�(vc-r-eo . ,2r'1 -C,6 LL ;&'gPautTr1'ED) (PtA,JS4tt, Z2q B C01O RM414E9 FtCtC MA1LS�iArc lNsr . JOB FINALED (Date) Signature Mar 28 02 02:30p P-2 i � o ,n,ks 15 pcze�osw �'R-lltNG �kT}}rzooMS - S�� � Y 000rL L t -{•p c�S q-0 CoR.0l9Bk__ Gef-eADoc tS e Ely. 1r. CT) COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES BUILDING DIVISION OROVILLE, CA 95965 (PHONE: 538-7541) TEMPORARY CERTIFICATE OF OCCUPANCY (VALID 30 DAYS AFTER DATE OF THIS CERTIFICATE) This building has been constructed and completed in accordance with the requirements of the Uniform Building Code under permit number 98-2248 for the following: Use Classification: Adult Cabare (Thre, e Kites Inc.) Address or Location: 15 av 99. ChkQc,4L Group 1994 UB Occupancy; Type V -N Construction. It is hereby certified for the occupancy described above and may be occupied. Mana r, Building Inspection Date: 20 October 1998 by i o POST IN A CONSPICUO S PLACE o(NOTICE: A new Certificate of Occupancy is required if the use or occupancy of this building changes. This Certificate of Occupancy shall be posted in a conspicuous place and is not to be removed by other than the Building Inspector.) N r —% Durling, Carl • From: MacKenzie, Robert Sent: Thursday, March 28, 2002 9:48 AM To: Durling, Carl Subject: FW: Draft letter to Boyles Contacts: shanahan dick Let me know what you think. You have WP? Scott Rutherford does. -----Original Message ----- From: MacKenzie, Robert Sent: Wednesday, March 27, 2002 4:21 PM To: 'shanahan, dick' Subject: Draft letter to Boyles Attached is the above. I made the decision not to require him to reapply, even though my last letter said he'd need to if he didn't sign and return the permit within 30 days. Please let me know whether you think the tone is too adversarial and/or unnecessarily harsh. Further, if you think I forgot to bring something up I needed to, let me know. I don't think there's a need to bring up the video sales or security guard issues again, as I've now told him to operate the club at all is illegal without the permit. Do you agree? Is it now again time to threaten any action or any potential actions, as I did last boyles2mpd letter? Maybe not. Maybe just ask for compliance now. Robert MacKenzie Butte County Counsel (530) 538-7621 ATTORNEY CLIENT/WORK PRODUCT PRIVILEGE CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents or messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering this e-mail to the intended recipient, then you are (1) notified that any disclosure, copying, distribution, saving, reading or use of this information is strictly prohibited, (2) requested to discard and delete this e-mail and any attachments, and (3) requested to immediately notify us by e-mail that you mistakenly received this message(countycounsel@buttecounty.net), fax (530) 538-6891, or telephone (530) 538-7621. Thank you. a� OUT TF o • • o e o • e eC'0010 BRUCE S. ALPERT COUNTY COUNSEL WANNENMACHER • CJ OFFICE OF COUNTY COUNSEL COUNTY OF BUTTE 25 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3380. PHONE (530) 538-7621 FAX (530) 538-6891 countycounsel@buttecounty.net March 27, 2002 Mr. Mark Boyles Three Kings, Inc. Dba Centerfolds 15430 Highway 99, North Chico, CA 95973 Re: Your Letter of March 6, 2002 Dear Mr. Boyles: ASSISTANT COUNTY COUNSEL DAVID M. McCLAIN CHIEF DEPUTY COUNTY COUNSEL ROBERT W. MACKENZIE DEPUTY COUNTY COUNSEL FELIX ELIZABETH McGIE ROGER S. WILSON Thank you for your above referenced letter. Unfortunately, your failure to sign and return within 30 days the Conditional Adult Business Regulatory Permit sent to you on February 15, 2002, has rendered said permit invalid. If you have continued to operate the business since March 17, 2002, such operation is unlawful, as it has occurred without a current, valid Adult Business Permit issued by the Department of Development Services (DDS). Your above referenced letter indicated that you "do not have the authority or interest to sign any documents personally." It is difficult for me to believe that you, as all officers and the designated agent for service of process of Three Kings, Inc. (I have attached documents you filed with the California Secretary of State) do not have the authority to sign documents on behalf of the corporation. Fortunately, however, it is not necessary for us to debate this point. The County's Adult Business Ordinance, specifically Butte County Code Section 15-113(b)(2), requires you, as all officers of the corporation, to sign and return the above referenced permit, unless an individual with a 100 or greater ownership interest in the corporation signs and returns the permit. Mr. Mark Boyles March 27, 2002 Page 2 Further, I neglected to mention in my letter of February 15, 2002 (I apologize for this oversight.), that Butte County Code Section 15-113(b)(3) requires that, if you intend to operate the adult business under a name other than your own, you must file the fictitious name of the adult business with DDS and show proof of registration of that fictitious name. Please include the information required by Section 15-113(b)(3) along with the signed permit when you return it. To summarize, please either sign and return the above -referenced Conditional Permit or arrange for an individual other than yourself with a 100 or greater ownership interest in the business to sign and return the Conditional Permit,. along with the information concerning the business entity requested above, immediately. Your letter also indicates that: "The construction permit we applied for required too much effort. So, we used the existing layout and simply added new furniture, carpet, and paint which did not require a permit." I attached a warning letter addressed to George Mull from Tom Buford; interim DDS Director, dated January 17, 2002, to my letter to you of February 15, 2002. On pages 3 and 4 that letter informed George Mull (and you) that in order to bring the adult business into compliance with the operational requirements of the ordinance, he was required to elevate the stage or stages used at the club, install a physical barrier between the stage and the seating for patrons, and arrange seating for patrons 10 feet away from the stage. Section 15-120 of the ordinance requires a stage to be elevated 18" above the floor, a 10' separation between adult performers and patrons, and a physical barrier between adult performers and patrons. The letter indicated that the above was not a complete list of all the physical interior remodeling necessary to achieve compliance with the ordinance. Thus, regardless of whether it is your opinion that the construction permit you previously applied for requires "too much effort," such effort is required by law. To summarize, you must reconfigure the interior of the facility in order to elevate the stage 18" above the floor and you must install a physical barrier between the stage and the seating area. Please sign, or arrange for a stockholder whom owns over 100 of the corporation's stock to sign the above -referenced Conditional Permit, and return it immediately, along with the information concerning the business entity requested above. Further, please complete all remodeling necessary to bring the facility into compliance with the structural and operational requirements of'the ordinance as soon as o� r Mr. Mark Boyles March 27, 2002 Page 3 possible, and obtain a building occupancy permit. Thank you very much for your courtesy and anticipated cooperation in this matter. If you have any questions, or wish to discuss this matter further, please do not hesitate to call me. Very truly yours, Bruce S. Alpert, Butte County Counsel By Robert W. MacKenzie Chief Deputy County Counsel cc: Fred Davis, Interim Development Services Director Michael Vieira, Development Services Carl Durling, Development Services G:LOMU�.O OFFICE OF COUNTY COUNSEL COUNTY OF BUTTE 25 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3380 PHONE (530) 538-7621 FAX (530) 538-6891 countycounsel@buftecounty.net ASSISTANT COUNTY COUNSEL DAVID M. McCLAIN BRUCE S. ALPERT COUNTY COUNSEL May22, 2002 Mark Boyles 15430-C Highway 99 Chico, CA 95973 CHIEF DEPUTY COUNTY COUNSEL ROBERT W. MACKENZIE DEPUTY COUNTY COUNSEL FELIX WANNENMACHER ELIZABETH McGIE ROGER S. WILSON Re: First Amendment Gentlemen_s Club, AKA Centerfolds. - Application Requesting Renewal of Adult Business Regulatory Permit Dear Mr. Boyles: I am writing to you for the following purposes: 1. To assist you with the above referenced application by informing you of the protocol set forth in Butte County _s Adult Business Ordinance (Butte County Code Sections 15-110 et seq.); 2. To inform you of the consequences of future violations of the Adult Business Ordinance/Adult Business Regulatory Permit by you or your staff; and 3. To inform you that you may not expand the current use on the property from an Adult Cabaret use to an Adult Cabaret and Adult Bookstore use; and 4. To request that you arrange, immediately, for the permanent closure of the adult video sales portion of the business. 1. Transferring the Adult Business When I discussed Mr. Mulls requested renewal of the above referenced permit with him last October, he failed to mention that Three Kings, Inc. would become solely owned and operated by you. .. • 0 Butte County Code Section 15-116(b) requires that, in order to transfer the operation of an Adult Business, the transferee must obtain a permit to do so from the Director of the Department of Development Services (DDS). Because you have indicated that you are now all officers of Three Kings, Inc. on the application for renewal which was submitted to DDS in November 2001, DDS is treating your application as an application for a transfer of ownership/operation of the above referenced Adult Business. At the time your application was received by DDS, an investigation concerning a substantial number of violations of the Adult Business Ordinance and Mr. Mulls Adult Business Regulatory Permit was pending. Butte County Code Section 15-116 does not allow a transfer of the ownership/operation of an Adult Business while an investigation of violations of the Adult Business Ordinance is pending. Because that investigation ended upon the transmission of Interim DDS Director Tom Buford_s warning letter to Mr. Mull (attached) on January 17, 2002, DDS is treating your application as having been received on January 17, 2002. Attached are the original and one copy of your Conditional Adult Business Regulatory Permit, effective for a period of three years from this date. Please sign and return both copies to DDS, Attn: Carl Durling, within 30 calendar days from the receipt of this letter. The Director of DDS will then validate them and the original will be returned to you for your records. Please be aware that failure to return the signed original and copy within 30 days will result in the Conditional Adult Business Regulatory Permit becoming invalid. Re-application to this Department would then be necessary to proceed with the project. The Conditional Adult Business Regulatory Permit is deemed granted when this permit has been signed by both the applicant and the Director of Development Services, and said permit is received by the applicant via Certified mail. Please carefully review the conditions to which the Permit subjects your business, including limitations on the time you have been allotted to obtain a Certificate of Occupancy from the Building Division. If you have any questions, contact Carl Durling, Associate Planner at DDS (530 538-7601). 2. Consequences of Future Violations of the Ordinance/Permit I have attached the above referenced warning letter, so you will be informed specifically which provisions of the adult ordinance and which conditions of Mr. Mulls Adult Business Regulatory Permit have previously been violated Any future violations of the Adult Business Ordinance/Adult Business Regulatory Permit by you or your 0 staff may necessitate the commencement of permit suspension/revocation proceedings. The attached warning letter indicated that engaging in retail sales of adult videos without a permit constitutes the unpermitted establishment of an Adult Bookstore, in violation of the ordinance. 3. It is Not Possible for you to Lawfully Expand the Current Use on the Property to Include an Adult Bookstore As indicated above, your application indicates that you desire to renew the Adult Cabaret use. Your application does not indicate that you seek to expand the present scope of the use from Adult Cabaret to Adult Cabaret and Bookstore, but it appears that this may be your intent, as a diagram you submitted in conjunction with your application indicates the word retail_ in an area of the diagram appearing to represent a portion of the interior of the Adult Business. As Neil McCabe, formerly of this office, informed Mr. Mull in writing on September 15, 2000, the expansion of the current Adult Cabaret use into a use which also includes an Adult Bookstore is not currently an allowed or permitted use under the County_s zoning regulations. This is because Adult Business uses are no longer allowed or permitted in the _U_ Zone (See Butte County Code Section 15-112). As you know, the above referenced Adult Business is on ISections 15-111 and 15-113 prohibit the operation of any of the various types of Adult Businesses defined in Section 5-110 without a permit. Section 15-110(j) indicates that adding one of the defined types of Adult Businesses to another duly permitted Adult Business constitutes the establishment of a new Adult Business. Engaging in Adult video sales without obtaining an Adult Business Regulatory Permit constitutes an unpermitted establishment of an Adult Bookstore, in violation of Sections 15- 111 and 15-113. 2 I adopting the Adult Business Ordinance, the Board of Supervisors of the County made a policy decision that Adult Businesses would only be allowed in two industrial zones in the county, the M-1 (light Industrial) Zone and the M-2 (Heavy Industrial) Zone. This policy decision is set forth in Section 15-112. The Adult Business Ordinance provides that adding one of the defined types of Adult Businesses to another duly permitted Adult Business constitutes the establishment of a new Adult Business (See Footnote 1). Thus, adding a new Adult Bookstore business to the Adult Cabaret business already established on the property would constitute establishing a new Adult Business in i 'k 0 property located within the _U_ Zone. 4. Please immediately close the adult video sales portion of the business permanently. A failure on your part to arrange for the immediate cessation of adult video sales on the premises of the above referenced Adult Business may necessitate the commencement of permit suspension/revocation proceedings. Thank you for your courtesy and your anticipated cooperation in this matter. If you have any questions or wish to discuss this matter further, please do not hesitate to call me. Very truly yours, Bruce S. Alpert, Butte County Counsel By Robert W. MacKenzie Chief Deputy County Counsel cc: Carl Durling the Unclassified Zone, in violation of Section 15-112. 04/24/02 09:02 FAX 590 598 8891 THIEF TONGS lot dba An= Phone (530) 3424999 Fax (530) 3540177 CELL (916) 812 -MARK (6275) BUTTE COUNTY COUNSEL 10001 • 15430 HWY 99 NORTH CHICO CALIF. 95973 Aprfl 17, 2002 Beate County Counsal APR 9 2002 MR ROBERT MACKENZIE CHIEF DEPUTY COUNTY COUNSEL 25 COUNTY CENTER DR. Otoville, California OROVILLE, CALIF. 95965-3380 DEAR MR MACKENZIE, I APOLOGIZE FOR ANY CONFUSION, I HAVE NO PROBLEM SIGNING DOCUMENTS AS A CORPORATE OFFICER. I'M CONFUSED, YOU'RE REQUESTING MY CORPORATE SIGNATURE ON.A "CONDITIONAL PERMIT", WHICH .I BELIEVE WE CAN WORK OUT. I RECEIVED A "CONDITIONAL PERMIT TRANSFER OF OWNERSHIP" (SEE ATTACHED). NOTHING IS BEING"TRANSFERRED". I'M HAPPY TO COOPERATE, PERHAPS I SIMPLY HAVE PARTIALLY THE WRONG FORM. THE PORTABLE STAGE (TABLE) ON THE FLOOR PLAN I SUBMITTED MEETS ALL THE COUNTY REQUIREMENTS. THE PHYSICAL BARRIER WILL, BE INSTALLED SHORTLY, WELL BEFORE AUGUST 17, 2002. REGARDING THE TEMPORARY C/O DATED 10-20-98. I UNDERSTAND FROM MR MULL THAT ALL THE CORRECTIONS WERE MADE DURING THE 30 DAY PERIOD. HOWEVER; WITH MY DEMO PERMIT, ALL THE AREAS OF ISSUE ARE GONE (CORRIDOR, BAR, OFFICE, ETC.). Sincerely, MARK BOYLES P. S. FEEL FREE TO CONTACT GEORGE MULL DIRECTLY AT ANY TMT- GEORGE IS SWILL A MAJOR STOCKHOLDER AND OUR LEGAL DIRECTOR 03/13/2002 12:15 916-858-0499 PAGE e.1 THEE WNGSIM IM COLDS 15430 HWY 99 NORTH CHIICO CALIF. 95973 Phone (530) 342-1999 , Fax(530)3540177 CELL (916) 812 -MARK (6275) March 06, 2002 MR. ROBERT MACKENZIE CHIEF DEPUTY COUNTY COUNSEL 25 COUNTY CENTER DR. ` OROVILLE, CALIF. 95965-3380 DEAR MR. MACKENZIE, THREE RINGS INC. HAS NOT CHANGED IT'S LEGAL STATUS. TIM CORPORATION HAS THREE MAJOR STOCKHOLDERS AND WLLL NEVER HAVE OVER 30 STOCKHOLDERS. THERE IS NO TRANSFER!, OF ANY LICENSE OR PERMIT TAKING PLACE, I DO NOT HAVE THE AUTHORITY OR INTEREST' TO SIGN ANY DOCUMENTS PERSONALLY. REGARDING THE BUILDING PERMITS: WE RECEIVED A DEMO PERMIT. WE COMPLE'T'ED ALL THE DEMO ON THE PERMIT THAT WE WANTED TO. THE CONSTRUCTION PERMIT WE APPLIED FOR REQUIRED TOO MUCH EFFOR.-r. SO, WE USED THE EXISTING LAYOUT AND SIMPLY ADDED NEW FURNITURE, CARPET, AND PAINT WHICH DID NOT REQUIRE A PERMIT. Sincerely, MARK BOYLES D EC EHE MAR. 14 2002 BUTTE COUNTY PLANNING DIVISION 03/13/2002 12:15 916-858-0499 PAGE • 61. . MONNGSM& dM tuns 15430 HWY. 99 NORTH CHICO CALIF- 95973 Phone (530) 342-1999 Fax(530)3540177 CELL (916) 812 -MARK (6275) March 06, 2002 MR ROBERT MACKENZIE CHIEF DEPUTY COUNTY COUNSEL 25 COUNTY CENTER DK OROVII,LE, CALIF. 95965-3380 DEAR M K MACKENZIE, THREE KINGS INC. HAS NOT CHANGED IT'S LEGAL STATUS. THE CORPORATION HAS THREE MAJOR STOCKHOLDERS AND WILL NEVER HAVE OVER 30 STOCKHOLDERS_ THERE IS NO,TRANSFER!, OF ANY LICENSE OR PERMIT TAKING PLACE. I DO NOT HAVE THE AUTHORITY OR INTEREST TO SIGN ANY DOCUMENTS PERSONALLY. REGARDING THE BUILDING PERMITS: WE RECEIVED A DEMO PERMIT. WE COMPLETED ALL THE DEMO ON THE PERMIT THAT WE WANTED TO. THE CONSTRUCTION PERMIT WE APPLIED FOR REQUIRED TOO MUCH EFFORT. SO, WE USED THE EXISTING LAYOUT AND SrvTLY ADDED NEW FURNITURE, CARPET, AND PAINT WHICH DID NOT REQUIRE A PERMIT. Sincerely, MARK BOYLES MAR 14 2002 Di BUTTE COUNTY PLANNING DIVISION 03/13/2002 12:15 916-858-0499 • NMNMGSIm IMC S F/m s R" ' - PAGE 01 15430 HWY 99 NORTH CHICO CALIF_ 95973 Phone (530) 342-1999 Fax (530) 3540177 /l CELL (916) 812 -MARK (6275) March 06, 2002 MR. ROBERT MACKENZIE CHIEF DEPU`T`Y COUNTY COUNSEL 25 COUNTY CENTER DR. OROVILLE, CALIF. 95965-3380 DEAR MR MACKENZIE, THREE KINGS INC. HAS NOT CHANGED IT'S LEGAL STATUS. THE CORPORATION HAS THREE MAJOR STOCKHOLDERS AND W[L.L NEVER HAVE OVER 30 STOCKHOLDERS. THERE IS NO TRANSFER!, OF ANY LICENSE OR PERMIT TAKING PLACE, I DO NOT HAVE THE AUTHORITY OR INTEREST TO SIGN ANY DOCUMENTS PERSONALLY. REGARDING THE BUILDING PERMITS: WE RECEIVED A DEMO PERMIT. WE COMPLETED ALL THE DEMO ON THE PERMIT THAT WE WAN'T'ED TO. THE CONSTRUCTION PERMIT WE APPLIED FOR REQUIRED TOO MUCH EFFORT. SO, WE USED THEE EXISTING LAYOUT AND SIMPLY ADDED NEW FURNITURE, CARPET, AND PAINT WHICH DID NOT REQUIRE A PERMIT. Sincerely, MARK BOYLES MAR 14 2002 BUTTE COUNTY PLANNING Mi/mir CONDITIONAL ADULT BUSINESS- REGULATORY PERMIT . REGULATORY For Adult Cabaret Only Pursuant to Chapter 15 of Butte County Code TO: Mark Boyles FROM: Fred Davis, Interim Director, Development Services DATE: February 15, 2002 �Q6N a"Y./��J File #ADM 02-16 PURPOSE: Conditional Adult Business Regulatory PermitAfor Mark Boyles on APN# 047-100- 146 for an Adult Business located at east side of Hwy. 99 about 3,000 feet south of Hamilton Nord Cana Hwy, on property zoned Unclassified. PERMIT REQUIREMENTS: Approval of this Adult Business Regulatory Permit is contingent upon fulfillment of the following requirements: 1. Comply with provisions of Butte County Ordinance 3619, AN ORDINANCE PROHIBITING . AND REGULATING CERTAIN ADULT BUSINESSES. Comply with the provisions and requirements contained in the May 18, 2001 letter (Copy attached) from the Department of Development Services, Building Division written to Ron Bunch from Glenn Gibbons, Plans Examiner. Comply with any further provisions and requirements articulated in the letter to George W. M. Mull dated January 17, 2002 (Copy attached) from Tom Buford, Interim Director of Development Services. Required to obtain approval by the Fire Department (538-7994) prior to opening for business. 5. All work required under Items #2 #3 and #4 above is to be completed by August 17, 2002. 6. The permit may be suspended or revoked if any of the terms or conditions of the Permit are violated or if any acts or omissions of the permittee in connection with the use authorized by said Permit constitute a public nuisance. 11 017 it/-Qw 1L yN �4'FWt.? �/ e�crz r t S G D�! S/B ( DULLI 101 y/o y M -o4 j A Permittee Signature Date A. Meleka Date Print Planner Applican Copy CONDITIONAL ADULT BUSWESS REGULATORY PERMIT Transfer of Ownership For Adult Cabaret Only Pursuant to Chapter 15 of Butte County Code TO: Mark Boyles FROM: Fred Davis, Interim Director, Development Services DATE: February 15, 2002 File #ADM 02-16 PURPOSE: Conditional Adak Business Regulatory Permit for Mark Boyles on APN# 047-100- 146 for a transfer of ownership of an Adult Business located at east side of Hwy. 99 about 3,000 feet south of Hamilton Nord Cana Hwy, on property zoned Unclassified. PERMIT REQUIREMENTS: Approval of this Adult Business Regulatory. Permit is contingent upon fulfillment of the following requirements: 1. Comply with provisions of Butte County Ordinance 3619, AN. ORDINANCE PROHIBITING AND REGULATING CERTAIN ADULT BUSINESSES. 2. Comply with the provisions and requirements contained in the May 18, 2001 letter (Copy attached) from the Department of Development Services, Building Division written to Ron Bunch from Glenn Gibbons, Plans Examiner. 3. Comply with any further provisions and requirements articulated in the letter to George W. M. Mull dated January 17, 2002 (Copy attached) from. Tom Buford, Interim Director of Development Services. 4. Required to obtain approval by the Fire Department (538-7994) prior to opening for business. 5. All work required under Items #2 #3 and #4 above is to be completed by August 17, 2002. 6. The permit may be suspended or revoked if any of the terms or conditions of the Permit are violated or if any acts or omissions of the permittee in connection with the use authorized by said Permit constitute a public nuisance. Permittee Signature Date M. A. Meleka Date Principal Planner CONDITIONAL ADULT.BUSINESS REGULATORY PERMIT Transfer of Ownership For Adult Cabaret Only Pursuant to Chapter 15 of Butte County Code TO: Mark Boyles FROM: Fred Davis, Interim Director, Development Services DATE: February 15, 2002 File #ADM 02-16 PURPOSE: Conditional Adult Business Regulatory Permit for Mark Boyles on APN# 047-100- 146 for a transfer of ownership of an Adult Business located at east side of Hwy. " about 3,000 feet south of Hamilton Nord Cana Hwy, on property zoned Unclassified. PERMIT REQUIREMENTS: Approval of this Adult Business Regulatory Permit is contingent upon fulfillment of the following requirements: 1. Comply with provisions of Butte County Ordinance 3619, AN ORDINANCE PROHIBITING AND REGULATING CERTAIN ADULT BUSINESSES. 2. Comply with the provisions and requirements contained in the May 18, 2001 letter (Copy attached) from the Department of Development Services, Building Division written to Ron Bunch from Glenn Gibbons, Plans Examiner. 3. Comply with any further provisions and requirements articulated in the letter to George W. M Mull dated January 17, 2002 (Copy attached) from Tom Buford, Interim Director of Development Services. 4. Required to obtain approval by the Fire Department (538-7994) prior to opening for business. 5. All work required under Items #2 #3 and #4 above is to be completed by August 17, 2002. 6. The permit may be suspended or revoked if any of the terms or conditions of the Permit are violated or if any acts or omissions of the permittee in connection with the use authorized by said Permit constitute a public nuisance. Permittee Signature Date M. A. Meleka Date Principal Planner May 18, 2001 Ron Bunch 9 Laguna Court Chico, CA 95928 r Department r - p ent of Develpment Services Building Division 7 County Center Drive - Oroville, CA 95%5 (530) 538-7541 (530) 538-2140 FAX Boyles, Mark Assessor Parcel Number: 047-100-146 Building Permit Number: 01-1106 This office reviewed building plans for the permit application referenced above. The plan examiner's comments are listed in PART - I below. Please respond in writing to each comment in PART - I by completing and returning the enclosed PLAN REVIEW RESPONSE FORM. Indicate which detail, specification, or calculation shows the requested information. Additional response information is included on the response form. Your complete and clear response will expedite the re -check and approval of this project. PART — I Provide additional information and/or make revisions to plans, specifications and calculations as follows: 1. A California licensed architect or registered engineer must prepare the building plans. Please be sure to include on the resubmittal the engineer's "wet" stamp, signature, registration number and expiration date on all sheets of plans depicting the designed elements and cover sheets of calculations. The drawings must include a complete -plot plan with the location and occupancy classification for all buildings on this parcel. 2. Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the location,. nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and all relevant laws, ordinances, rules and regulations. (Uniform Building Code section 106.3.3). 3. Provide clarification regarding minimum 7 feet height for the platform area and the means of egress from this area. "Except as specified elsewhere in this chapter, the means of egress system shall have a clear height of not less than 7 feet measured vertically from the walking surface to the lowest projection from the ceiling or overhead structure (Uniform Building Code section 1003.2.4)." 1 of 3 4. Classification of the building is the critical first step in the effective use of the Uniform Building Code. To an even greater degree, the proper determination of occupancy and type of construction is the basis for all other code determinations. Provide a complete code analysis for the entire building and include the mixed occupancy ratio. This analysis must include the basic allowable floor area and the proposed floor area. Allowable area increase's, occupant load, and exiting requirements. Provide a detailed description of intended use for each room in the building. 5. Occupant loads shall be determined in accordance with the requirements of Uniform Building Code Chapter 10. In determining the occupant load, all portions of a building shall be presumed to occupied at the same time (Uniform Building Code section 1003.2.2.2.1). 6. Any room that is used for an assembly, dining, drinking or similar purpose where fixed seats are not installed shall have the capacity of the room posted in a conspicuous place on an approved sign near the main exit or exit -access doorway from the room (Uniform Building Code section 1007.2.6). 7. Fire -resistive walls and partitions shall be designed to have fire -resistance ratings set forth in Uniform Building Code Table 7-B. Please indicate the required one-hour fire -resistive construction design for the new hall/corridor. 8. Where exit signs are required by Chapter 10, additional approved low-level exit signs which are internally or externally illuminated photoluminescent or self -luminous, shall be provided in all interior rated exit corridors of Group A Occupancies. The bottom of the sign shall not be less than 6 inches or more than 8 inches above the floor level and shall indicate the path of exit travel. For exit and exit -access doors, the sign shall be on the door or adjacent to the door with closest edge of the sign or marker within 4 inches of the door frame. (California Building Code section 1007.2.8). 9. Minimum Plumbing Facilities: The total occupant load shall be determined by minimum exiting requirements. The minimum number of fixtures shall be calculated at fifty (50) percent male and fifty (50) percent female based on the total occupant load (Uniform Plumbing Code Table 4-1). 10. The width of the level area on the side to which the door swings shall extend 24 inches past the strike edge of the door for exterior doors and 18 inches past the strike edge for interior doors (California Building Code section 1133B.2.4.3). The doors at the office area do not appear to comply with this requirement. 11. Full access to the disabled must be provided for the specific area of remodel, repair or addition. Additionally, 20% of the cost of the project must be invested in access features for the existing area of the building. Provide verification of how this will be accomplished. 12. In other than dwelling units, a means of egress shall not pass through kitchens, storerooms, closets or spaces used for similar purposes (Uniform Building Code section 1004.2.2). The office rooms cannot exit through the storage areas. 13. Plan review will continue upon receipt of the above items. Additional comments may be generated from your response above where plan documents were incomplete, inconsistent, or not adequate to depict code compliance. PART - II The items identified below must be submitted prior to permit issuance. These items were noted at time of permit application on the PERNIIT APPLICATION DATA SHEET. 2 of 3 1. Balance of Building Permit flees will be determined when the above items have been received and-rI iewed. - ... _ 2. Sanitation and plot plan approval is required from the Butte County Environmental Health Department. 3. Contact the Butte County Plarming Division to obtain approval for Use and Parking. If you wish to discuss any requirements in PART _ �, you may contact me at (530) 538-7541 between the hours of 1:00 p.m. and 4:00 p.m., Monday through Friday. The attached checklist must accompany corrected items. Sincerely, Glenn Gibbons Plans Examiner 0 I 3 of 3 utte Co i - _ LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEMOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE. CALIFORNIA 95965-3397 Jan17, 2002 TELEPHONE: (530) 538-7601 January FAX: (530) 538-7785 Mr. George W. M. Mull Attorney at Law 1012 38'° Street Sacramento, CA 95816 Fax: 916 456 0120 Re: First Amendment Gentlemen's Club, AKA Centerfolds - Warning Letter Re: Violations; Request for Transfer Application Dear Mr. Mull: An investigation concerning a substantial number of issues regarding your compliance with Butte County's Adult Business Ordinance (Butte County Code Sections 15-110 et seq.) and your Adult Business Regulatory Permit, at the above named Adult Business has been submitted to me as required by Butte, County Code Section 15-124. This warning letter informs you that there have been numerous violations of the County's Adult Business Ordinance observed within the above named Adult Business, requests your cooperation in eliminating the occurrence of such violations immediately and also informs you of the consequences for failure to do so. Pursuant to the discretion accorded to the Director of Development Services under Section 15- 118(a), I have determined not to proceed with permit suspension/revocation proceedings at this time. Future violations of the Adult Business Ordinance/Adult Business Regulatory Permit may result in suspension/revocation proceedings. PERFORMANCE -RELATED VIOLATIONS OF THE ORDINANCE In September, 2000, the. Butte County Sheriffs Department and District ,Attorney began an investigation of the First Amendment Club. Interviews of individuals associated with the Club were conducted and two plain clothes Sheriffs detectives entered the Club on several occasions and conducted video surveillance of activities within the Club during its business hours on January 27, February 3 and February 10, 2001. The observations made by the deputies, confirmed by video tapes taken at the Club, indicate that entertainers wearing only .g-strings, or in some cases wearing no clothing, danced on a stage surrounded by patrons seated at the edges of the stage, having physical contact with patrons and accepting money (tips) directly from patrons. The 1 Mr. George W. M. Mull Re: Fiat Amendment Club January 17, 2002 - - - Page 2 investigation supports the following findings: 1. There was no 10 -foot separation observed between adult performers and patrons, as required by Section 15-120(n(1) of the Ordinance; 2. There was no physical barrier between the adult performers and the patrons of the club as required by Section 15-120(i)(2) and Section 15-120(k)(2) of the Ordinance; 3. There was physical contact between the adult performers and the patrons of the club, which is prohibited by Section 15-120(1)(1) of the Ordinance; " 4. There was direct tipping of the adult performers by patrons, which is prohibited by Section 15-120(i)(3) of the Ordinance; 5. No reasonable effort was made by management to prevent the above conduct between patrons and the adult performers, as required by Section 15-118(c)(2)(iv) and Section 15- 118(c)(2)(vi) of the Ordinance. On January 27, 2001, Manager Steven Clark was observed aiding and assisting in the above conduct by performers, by announcing a raffle event in which the "winner" of the raffle event would be allowed to sit on stage and participate in live performances and have physical contact with performers. As you know, the investigation culminated in the execution of a search warrant on the club on March 10, 2001, and the eventual filing of prostitution charges against several of the adult performers depicted on the video tapes and also pimping and pandering charges against Steven Clark, who can be observed on the video tapes. The following is a list of the performers who were observed to have violated the prohibition against touching patrons and accepting tips directly from patrons on the evenings indicated: January 27, 2001 Shannon Staudinger, AKA Paisley . Jennifer Johnson, AKA Cleopatra Andrea Spessard, AKA Jade Trina Taylor, AKA Mercedes Tufue Tuatoo, AKA Asia Lisa Smiley, AKA Gemini February 3, 2001 Laura Biddle, AKA Yemini `a Mr. George W. M. Mull Re: First Amendment Club January 17, 2002 Page 3 Jennifer Johnson, AKA Cleopatra Tanya Romesha, AKA Jordan Trina Taylor, AKA Mercedes Tufue Tuatoo, AKA Asia Andrea Spessard, AKA Jade February 10, 2001 Andrea Spessard, AKA Jade Ashley Lisa Smiley, AKA Gemini Trina Taylor, AKA Mercedes Zoey Jennifer Johnson, AKA Cleopatra It appears that only two of the performers listed above who were violating the ordinance while performing at the club subsequently applied for Adult Performer permits with the Sheriff s Office. Further, the club has been advertising performances by specific Adult Performers via weekly Chico newspaper advertisements, for the last.seven months. None of the Performers advertised have ever submitted an application with the Sheriffs Office for an Adult Performer Permit. Allowing an Adult Performer who has not applied for an Adult Performer Permit to perform at the club is a violation of both Sections 15-117(x) and 15-118(c)(2)(vi). Please immediately cease all advertising of performances by unlicensed Adult Performers. Please also immediately arrange for each of the Adult Performers currently working and those performers whom you anticipate will soon be working at the First Amendment Gentlemen's Club to submit a complete application for an Adult Performer Permit to the Sheriffs Office. In addition, please immediately instruct your staff at the club not to allow performances by unlicensed Adult Performers. Finally, the investigative reports also set forth interviews which reveal that the Club has within it a "VIP Room," wherein private "lap dances" are conducted, sometimes as a prize won pursuant to a drawing. This is a violation of Section 15-120(g), in that the VIP Room is not "open to view by the management at all times." Advertisements in the weekly Chico newspaper have advertised "VIP dances" for at least seven months. Please immediately cease all advertising of "VIP dance" performances and immediately instruct your staff to immediately discontinue such performances at the Club. INTERIOR DESIGN VIOLATIONS You have pledged to bring the interior of the Club into compliance wi[h the operational 3 Mr. George W. M. Mull Re. First Amendment Club January 17, 2002 Page 4 requirements of the Ordinance, including but not limited to elevating the stage or stages used at the club, installing a physical barrier between the stage and the seating for patrons, and arranging the seating for patrons 10 feet away from the stage. Butte County Building Official Michael .Vieira has informed me that he toured the facility with Manager Steven Clark some time ago and that Mr. Clark had shown him two stages in the main room. The center stage was not separated from patron seating by a barrier or space. There was also a stage in a comer, which appeared to be separated from patron seating. Mr. Clark told Mr. Vieira that the center stage would only be used when performers are clothed and that the comer stage would be used when Specified Anatomical Areas were displayed by performers. Of course, the center stage is where the violations observed by the officers and depicted on the videotape took place. To my knowledge, Steven Clark is still the Manager of the Club. Mr. Vieira has informed me that, although the process of bringing the interior of your business into compliance with the stricter interior design requirements specified in the permanent ordinance was started, that process has not been completed. Mr. Vieira has further informed me specifically, that: 1. You were issued a temporary certificate of occupancy on 10/20/98, contingent on making changes to the interior of the building; 2. Since that time, however, you have changed the way the building is used, by changing both the layout within portions of the building which were being used when the temporary certificate was issued and also using portions of the building that were not being used when the temporary certificate was issued; 3. A written list of corrections to the interior of the building, issued by Mr. Vieira after his inspection 2/15/01 has not been fully complied with; 4. Although Mark Boyles applied for building and demolition permits on 5/14/01 to bring the building into compliance with the new ordinance by elevating the stages, etc., a list of plan corrections required to accomplish this was issued on 5/18/01, the remodel permit has not been issued, and the work necessary to bring the building into compliance has apparently never been completed, inspected and approved. 4 Mr. George W. M. Mull Re: First Amendment Club January 17, 2002 Page S VIOLATIONS OF ADULT BUSINESS REGULATORY PERMIT The Adult Business Regulatory Permit issued to you on October 16, 1998, indicated, in Condition #5, that: The permittee is advised of the following: this permit was issued by the County pursuant to an interim adult business ordinance; over the next few months to a year, the County intends to carefully evaluate, consider and adopt a permanent adult business ordinance, consistent with applicable constitutional requirements and limitations as well as the current conditions in the County; the permanent regulations may include more extensive regulation of adult businesses, possibly including but not limited to regulation of the entertainers,, interior lighting requirements, spacing between patrons and entertainers, interior design standards for live entertainment facilities (e.g. stage and railing requirements, interior lighting requirements, spacing between patrons and entertainers, dressing rooms, separate entertainer entrance/exit, restrictions against physical contact between entertainers and patrons, and restrictions against direct payment or gratuity from patron to entertainer); and, to the extent allowed by law, the county intends to apply any additional or more stringent regulations to pre-existing adult businesses, including the cabaret business for which this permit is issued. As you have previously been informed, Condition #5 of the Adult Business Regulatory Permit issued to you on October 15, 1998 notified you that the County intended, to the extent allowed by law, to apply additional or more stringent regulations provided for in the permanent ordinance to your business. Of course, as acknowledged above, a process has been started, but not completed, which will hopefully result in bringing your facility into compliance with the stricter interior design requirements specified in the permanent ordinance. Pursuant to the above, both the performance violations and the interior design violations set forth above constitute violations of Condition 115 of your Adult Business Regulatory Permit. As you are also aware, Condition 1/11 of your Adult Business Regulatory Permit specifies that your club is authorized to. operate as an Adult Cabaret only.' It appears that you have been Further, although Section 15-110 of the Ordinance defines various other types of adult businesses, both Sections 15- 111 and 15-113'prohibit the operation of any of the various types of Adult Businesses defined in Section 5-110 without a permit. Section 15-1100) indicates that adding one of the defined types of Adult Businesses to another duly permitted Adult Business is the functional equivalent of establishing a new Adult Business. Adult video sales constitute the establishment of an Adult Bookstore without obtaining an Adult Business Regulatory Permit, in violation of Sections 15-111 and 15-113. 5 Y . Mr. George W. M. Mull Re. First Amendment Club January 17. 2003 Page 6 violating both Condition #11 of the Adult Business Regulatory Permit and Section 15-113 for over six months now by selling adult videos. Please immediately instruct your staff at the club to immediately cease both advertising of and sales of adult videos. The Club is also violating Condition ##14 of its permit, as well as Butte County Code Section 15- 120(k) by failing to have two uniformed security guards on duty at all times. Please also note that the persons so employed must devote their efforts exclusively to security purposes, and may not be employed for other purposes, such as selling or taking admission fees or tickets. Based on the above discussion, you should immediately immediately do the following: 1. Contact staff/independent contractors at the above named club and obtain compliance with all provisions of the Adult Business Ordinance, including but not limited to provisions requiring separation between Adult Performers and patrons, provisions prohibiting physical contact between Adult Performers and patrons, provisions prohibiting direct tipping by patrons of Adult Performers and provisions requiring that only licensed Adult Performers engage or participate in live performances. 2. Complete renovations to the building sufficient to bring the building into compliance with the interior design requirements specified in the permanent ordinance and request an inspection by the Building Division. 3. Stop selling adult videos on the premises, as well as all other activities being conducted which are outside the scope of the Adult Cabaret business category originally authorized by your Adult Business Regulatory Permit. 4. Cease all advertising of activities prohibited by the Ordinance and/or your Adult Business Regulatory Permit, including but not limited to "VIP dances," performances by unlicensed Adult Performers and adult video sales. 5. Employ two uniformed security guards exclusively for security purposes. 6 Mr. George W. M. Mum Re. First Amemb rent Club January 17.2002 Page 7 Thank you for your courtesy and your anticipated immediate cooperation in this matter. If you have any questions or wish to discuss this matter further, please do not hesitate to call me. Buford N Director of Development Services cc: Mark Boyle Rob MacKenzie, Deputy County Counsel MWIS 7 %e y• 4 t i vOUTT f° OFFICE OF COUNTY COUNSEL • ° COUNTY OF BUTTE 25 COUNTY CENTER DRIVE ° OROVILLE, CALIFORNIA 95965-3380 PHONE (530) 538-7621 co�%N FAX (530) 538-6891 countycounsel@buttecounty.net ASSISTANT COUNTY COUNSEL DAVID M. McCLAIN BRUCE S. ALPERT CLEF DEPUTY COUNTY COUNSEL COUNTY COUNSEL ROBERT W. MACKENZIE DEPUTY COUNTY COUNSEL FELIX WANNENMACHER ..ELIZABETH McGIE ROGER S. WILSON February 15, 2002 VIA CERTIFIED MAIL Mr. Mark Boyles 15430-C Highway 99 Chico, CA 95973 Re: First Amendment Gentlemen's Club, AKA Centerfolds - Application Requesting Renewal o'f Adult Business Regulatory Permit Dear Mr. Boyles: I am writing to you for the following purposes: 1. To assist you with the above referenced application by informing you of the protocol set forth in Butte County's .Adult Business Ordinance (Butte County Code Sections 15-110 et seq.); 2. To inform you of the consequences of future violations of the Adult Business Ordinance/Adult Business Regulatory Permit by you or your staff; and 3. To inform you that you may not expand the current use on the property from an Adult Cabaret use to an Adult Cabaret and Adult Bookstore use; and 4. To request that you arrange, immediately, for the permanent closure of the adult video sales portion of the business. 1. Transferring the Adult Business When I discussed Mr. Mull's requested renewal of the above referenced permit with him last October, he failed to mention that Three Kings, Inc. would become solely owned and operated by you. Butte County Code Section 15-116(b) requires that, in order to l • • Mr. Mark Boyles/February 15, 2002- Re: 002Re: First Amendment _Gentlemen's Club Page 2 transfer the operation of an Adult Business, the transferee must obtain a permit to do so from the Director of the Department of Development Services (DDS). Because you have indicated that you are now all officers of Three Kings, Inc. on the application for renewal which was submitted to DDS in November 2001, DDS is treating your application as an application for a transfer, of ownership/operation of the above referenced Adult Business. At the time your application was received by DDS, an investigation concerning a substantial number of violations of the Adult Business Ordinance and Mr. Mull's Adult Business Regulatory Permit was pending. Butte County Code Section 15-116 does not allow a transfer of the ownership/operation of an Adult Business while an investigation of violations of the Adult Business Ordinance is pending. Because that investigation ended upon the transmission of Interim DDS Director Tom Buford's warning letter to Mr. Mull (attached) on January 17, 2002, DDS is treating your application as having been received on January 17, 2002. Attached are the original and one copy of your Conditional Adult Business Regulatory Permit, effective for a period of three years from this date. Please sign and return both copies to DDS, Attn: Carl Durling, within 30 calendar days from the receipt of this letter. The Director of DDS will then validate them and the original will be returned to you for your records. Please be aware that failure to return the signed original and copy within 30 days will result in the Conditional Adult Business Regulatory Permit becoming invalid. Re-application to this Department would then be necessary to proceed with the project. The Conditional Adult Business Regulatory Permit is deemed granted when this permit has been signed by both the applicant and the Director of Development Services, and said permit is received by the applicant via Certified mail. Please carefully review the conditions to which the Permit subjects your business, including limitations on the time you have been allotted to obtain a Certificate of Occupancy from the Building Division. If you have any questions, contact Carl Durling, Associate Planner at DDS (530 538-7601). 2. Consequences of Future Violations of the Ordinance/Permit I have attached the above referenced warning letter, so you will be informed specifically which provisions of the adult ordinance and which conditions of Mr. Mull's Adult Business Regulatory Permit have previously been violated. Any future violations of the Adult -Mr. Mark Boyles/February 15, 2002 j Re: First Amendment Gentlemen's Club Page 3 Business Ordinance/Adult Business Regulatory Permit by you or your staff may necessitate the commencement of permit suspension/revocation proceedings. The attached warning letter indicated that engaging in retail sales of adult videos without a permit constitutes the unpermitted establishment of an Adult Bookstore, in violation of the ordinance.' 3. It is Not Possible for you to Lawfully Expand the Current Use on the Property to Include an Adult Bookstore As indicated above, your application indicates that you desire to renew the Adult Cabaret use. Your application does not indicate that you seek to expand the present scope of the use from Adult Cabaret to Adult Cabaret and Bookstore,'but it appears that this may be your intent, as a diagram you submitted in conjunction with your application indicates the word "retail" in an area of the diagram appearing to represent a portion of the interior of the AdultlBusiness. As Neil McCabe, formerly of this office, informed Mr. Mull in writing on September 15, 2000, the expansion of the current Adult Cabaret use into a use which also includes an Adult Bookstore is not currently an allowed or permitted use under the County's zoning regulations. This is because Adult Business uses are no longer allowed or permitted in the "U" Zone (See Butte County Code Section 15-112).2 As you know, the above referenced Adult Business is on property located within the "U" Zone. Sections 15-111 and 15-113 prohibit the operation of any of the various types of Adult Businesses defined in Section 5-110 without a permit. Section 15-110(j) indicates that adding one of the defined types of Adult Businesses to another duly permitted Adult Business constitutes the establishment of a new Adult Business. Engaging in Adult video sales without obtaining an Adult Business Regulatory Permit constitutes an unpermitted establishment of an Adult Bookstore, in violation of Sections 15- 111 and 15-113. 2 I adopting the Adult Business Ordinance, the Board of Supervisors of the County made a policy decision that Adult Businesses would only be allowed in two industrial zones in the county, the M-1 (light Industrial) Zone and the M-2 (Heavy Industrial) Zone. This policy decision is set forth in Section 15-112. The Adult Business Ordinance provides that adding one of the defined types of Adult Businesses to another duly permitted Adult Business constitutes the establishment of a new Adult Business (See Footnote 1). Thus, adding a new Adult Bookstore business to the Adult Cabaret business already established on the property would constitute establishing a new Adult Business in the Unclassified Zone, in violation of Section 15-112. r` Mr. Mark Boyles/February 15, 2002 _. _Re: First.Amendment Gentlemen's Club. _ Page 4 4. Please immnediately close the adult video sales portion of the business permanently. A failure on your part to arrange for the immediate cessation of adult video sales on the premises of the above referenced Adult Business may necessitate the commencement of permit suspension/revocation proceedings. Thank you for your courtesy and your anticipated cooperation.in this matter. If you have any questions or wish to discuss this matter further, please do not hesitate to call me. i i c: Carl Durling o��noe�eon.ss.rvu cc: M.A. Meleka 11 Very truly yours, Br e S .,1 All Bu e C11 nt o sel By I mkAA/ / n, I Robert W. Chief Depu :Kenzie County Counsel OFFICE OF COUNTY COUNSEL COUNTY OF BUTTE 25 COUNTY CENTER DRIVE •OVTrE� OROVILLE, CALIFORNIA 95965-3380 • o PHONE (530) 538-7621 FAX (530) 538-6891 • o ° countycounsel@buttecounty.net �ouit" BRUCE S. ALPERT COUNTY COUNSEL WANNENMACHER February 12, 2002 Mark Boyles Sacramento, CA 95816 Fax: 916 456 0120 ASSISTANT COUNTY COUNSEL DAVID M. McCLAIN CHIEF DEPUTY COUNTY COUNSEL ROBERT W. MACKENZIE DEPUTY COUNTY COUNSEL FELIX ELIZABETH McGIE ROGER S. WILSON Re: First Amendment Gentlemen's Club, AKA Centerfolds - Application Requesting Renewal of Adult Business Regulatory Permit Transfer Application Dear Mr. Boyles: I am writing to you for the following purposes: 1. To assist you with the above referenced application by informing you of the protocol set forth in Butte County's Adult Business Ordinance (Butte County Code Sections 15-110 et seq.); 2. To inform you of the consequences of future violations of the Adult Business Ordinance/Adult Business Regulatory Permit by you or your staff; and 3. To inform you that you may not expand the current use on the property from an Adult Cabaret use to an Adult Cabaret and Adult Bookstore use; and 4. To request that you arrange, immediately, the permanent closure of the adult video sales portion of the business. 1. Transferring the Adult Business When I discussed Mr. Mull's requested renewal of the above referenced permit with -him last October, he failed to mention that Three Kings, Inc. would become solely owned and operated by you. Butte County Code Section 15-116(b) requires that, in order to transfer the operation of an Adult Business, the transferee must obtain a permit to do so from the Director of the Department of Development Services (DDS). Because you have indicated that you are now all officers of Three Kings, Inc. on the application for renewal which was submitted to DDS in November 2001, DDS is treating your application as an application for a transfer of ownership and operation of the above referenced Adult Business. At the time your application was received by DDS, an investigation concerning a substantial number of violations of.the Adult Business Ordinance and Mr. Mull's Adult Business Regulatory Permit was pending. Because that investigation ended upon the transmission of Interim DDS Director Tom Buford's warning letter to Mr. Mull (attached) on January 17, 2002, DDS is treating your application as having been received on January 17, 2002. Attached is a conditional Adult Business Regulatory Permit, effective for a period of three years from this date. Please review the conditions your business is subject to, including limitations on the time you have been allotted to obtain a Certificate of Occupancy from the Building Division, carefully. If you have any questions, contact Carl Durling, Associate Planner at DDS (530 538-7601) . 2. Consequences of Future Violations of the Ordinance/Permit I have attached the above referenced warning letter, so you will be informed specifically which provisions of the adult ordinance and which conditions of Mr. Mull's Adult Business Regulatory Permit have previously been violated. Any future violations of the Adult Business Ordinance/Adult Business Regulatory Permit by you or your staff may necessitate the commencement of permit suspension/revocation proceedings. The attached warning letter indicated that engaging in retail sales of adult videos without a permit constitutes the establishment of an Adult Bookstore, in violation of the ordinance.' 3. It is Not Possible for you to Expand the Current Use to Include an Adult Bookstore As indicated above, your application indicates that you desire to renew the Adult Cabaret use. Your application does nat indicate that you seek to expand the present scope of the use from Adult Cabaret to Adult Cabaret and Bookstore, but it appears that this may be your intent, as a diagram you submitted in conjunction with your application indicates the word "retail" in an area of the diagram appearing to represent a portion of the interior of the Adult Business. 'Sections 15-111 and 15-113 prohibit the operation of any of the various types of Adult Businesses defined in Section 5-110 without a permit. Section 15-110(j) indicates that adding one of the defined types of Adult Businesses to another duly permitted Adult Business constitutes the establishment of a new Adult Business. Engaging in Adult video sales without obtaining an Adult Business Regulatory Permit constitutes an unpermitted establishment of an Adult Bookstore, in violation of Sections 15- 111 and 15-113. As Neil McCabe, formerly of this office, informed Mr. Mull in writing on September 15, 2000, the expansion of the current Adult Cabaret use' into a use which also includes an Adult Bookstore is not currently an allowed or permitted use under the County's zoning regulations. This is because Adult Business uses are no longer allowed or permitted in the "U" Zone (See Butte County Code Section 15-112):.2 As you know, the above referenced Adult Business is on property located within the "U" Zone. 4. Please immediately close the adult video sales portion of the business permanently. Thank you for your courtesy and your anticipated cooperation in this matter. If you have any questions or wish to discuss this matter further, please do not hesitate to call me. Very truly yours, Bruce S. Alpert, Butte County Counsel By Robert W. MacKenzie, Chief Deputy County Counsel cc: Carl Durling G:%OBW�.� 2In adopting the Adult Business Ordinance, the Board of Supervisors of the County made a policy decision that Adult Businesses would only be allowed in two industrial zones in the county, the M-1 (light Industrial) Zone and the M-2 (Heavy Industrial) Zone. This policy decision is set forth in Section 15-112. The Adult Business Ordinance provides that adding one of the defined types of Adult Businesses to another duly permitted Adult Business constitutes the establishment of a new Adult Business (See Footnote 1). Thus, adding a new Adult Bookstore business to the Adult Cabaret business already established on the property would constitute establishing a new Adult Business in the Unclassified Zone, in violation of Section 15-112. May 18, 2001 Ron Bunch 9 Laguna Court Chico, CA. 9592.8 Department of Devel0ment Services Building Division 7 County Center Drive Oroville, CA 95965 (530) 538-7541 (530) 538-2140 FAX Boyles, Mark Assessor Parcel Number: 047-100-146 Building Permit Number: 01-1106 This office reviewed building plans for the permit application referenced above. The plan examiner's comments are listed in PART - I below. Please respond in writing to each comment in PART - I by completing and returning the enclosed PLAN REVIEW RESPONSE FORM. Indicate which detail, specification, or calculation shows the requested information. Additional response information is included on the response form. Your complete and clear response will expedite the re -check and approval of this project. PART — I Provide additional information and/or make revisions to plans, specifications and calculations as follows: 1. A California licensed architect or registered engineer must prepare the building plans. Please be sure to include on the resubmittal the engineer's "wet" stamp, signature, registration number and expiration date on all sheets of plans depicting the designed elements and cover sheets of calculations. The drawings must include a complete.plot plan with the location and occupancy classification for all buildings on this parcel. 2. Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and all relevant laws, ordinances, rules and regulations. (Uniform Building Code section 106.3.3). 3. Provide clarification regarding minimum 7 feet height for the platform area and the means of egress from this area. "Except as specified elsewhere in this chapter, the means of egress system shall have a clear height of not less than 7 feet measured vertically from the walking surface to the lowest projection from the ceiling or overhead structure (Uniform Building Code section 1003.2.4)." 1 of 3 4. Classification of the building is the critical first step in the effective use of the Uniform Building Code. To an even greater degree, the proper determination of occupancy and type of construction is the basis for all other code determinations. Provide a complete code analysis for the entire building and include the mixed occupancy ratio. This analysis must include the basic allowable floor area and the proposed floor area. Allowable area increase's, occupant load, and exiting requirements. Provide a detailed description of intended use for each room in the building. 5. Occupant loads shall be determined in accordance with the requirements of Uniform Building Code Chapter 10. In determining the occupant load, all portions of a building shall be presumed to occupied at the same time (Uniform Building Code section 1003.2.2.2.1). 6. Any room that is used for an assembly, dining, drinking or similar purpose where fixed seats are not installed shall have the capacity of the room posted in a conspicuous place on an approved sign near the main exit or exit -access doorway from the room (Uniform Building Code section 1007.2.6). 7. Fire -resistive walls and partitions shall be designed to have fire -resistance ratings set forth in Uniform Building Code Table 7-B. Please indicate the required one-hour fire -resistive construction design for the new hall/corridor. 8. Where exit signs are required by Chapter 10, additional approved low-level exit signs which are internally or externally illuminated photoluminescent or self -luminous, shall be provided in all interior rated exit corridors of Group A Occupancies. The bottom of the.sign shall not be less than 6 inches or more than 8 inches above the floor level and shall indicate the path of exit travel. For exit and exit -access doors, the sign shall be on the door or adjacent to the door with closest edge of the sign or marker within 4 inches of the door frame. (California Building Code section 1007.2.8). 9. Minimum Plumbing Facilities: The total occupant load shall be determined by minimum exiting requirements. The minimum number of fixtures shall be calculated at fifty (50) percent male and fifty (50) percent female based on the total occupant load (Uniform Plumbing Code Table 4-1). 10. The width -of the level area on the side to which the door swings shall extend 24 inches past the strike edge of the door for exterior doors and 18 inches past the strike edge for interior doors (California Building Code section 1133B.2.4.3). The doors at the office area do not appear to comply with this requirement. 11. Full access to the disabled must be provided for the specific area of remodel, repair or addition. Additionally, 20% of the cost of the project must be invested in access features for the existing area of the building. Provide verification of how this will be accomplished. 12. In other than dwelling units, a means of egress shall not pass through kitchens, storerooms, closets or spaces used for similar purposes (Uniform Building Code section 1004.2.2). The office rooms cannot exit through the storage areas. 13. Plan review will continue upon receipt of the above items. Additional comments may be generated from your response above where plan documents were incomplete, inconsistent, or not adequate to depict code compliance. PART - H The items identified below must be submitted prior to permit issuance. These items were noted at time of permit application on the PERMIT APPLICATION DATA SHEET. 2of3 1. Balance of Building Permit fees will be determined when the above items have been received and reviewed. 2. Sanitation and plot plan approval is required from the Butte County Environmental Health Department. 3. Contact the Butte County Planning Division to obtain approval for Use and Parking. If you wish to discuss any requirements in PART - I, you may contact me at (530) 538-7541 between the hours of 1:00 p.m. and 4:00 p.m., Monday through Friday. The attached checklist must accompany corrected items. Sincerely, Glenn Gibbons Plans Examiner 3 of 3 • L A N D O F NATURAL WEALTH A N D BEAUTY PLANNING DIVISION a DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 Januar 17, 2002 TELEPHONE: (530) 538-7601 January FAX: (530) 538-7785 Mr. George W. M. Mull Attorney at Law 1012 38' Street Sacramento, CA 95816 Fax: 916 456 0120 Re: First Amendment Gentlemen's Club, AKA Centerfolds - Warning Letter Re: Violations; Request for Transfer Application Dear Mr. Mull: An investigation concerning a substantial number of issues regarding your compliance with Butte County's Adult Business Ordinance (Butte County Code Sections 15-110 et seq.) and your Adult Business Regulatory Permit, at the above named Adult Business has been submitted to me as required by Butte County Code Section 15-124. This warning letter informs you that there have been numerous violations of the County's Adult Business Ordinance observed within the above named Adult Business, requests your cooperation in eliminating the occurrence of such violations immediately and also informs you of the consequences for failure to do so. Pursuant to the discretion accorded to the Director of Development Services under Section 15- 118(a), I have determined not to proceed with permit suspension/revocation proceedings at this time. Future violations of the Adult Business Ordinance/Adult Business Regulatory Permit may result in suspension/revocation proceedings. PERFORMANCE -RELATED VIOLATIONS OF THE ORDINANCE In September, 2000, the Butte County Sheriff's Department and District Attorney began an investigation of the First Amendment Club. Interviews of individuals associated with the Club were conducted and two plain clothes Sheriff's detectives entered the Club on several occasions and conducted video surveillance of activities within the Club during its business hours on January 27, February 3 and February 10, 2001. The observations made by the deputies, confirmed by video tapes taken at the Club, indicate that entertainers wearing only g-strings, or in some cases wearing no clothing, danced on a stage surrounded by patrons seated at the edges of the stage, having physical contact with patrons and accepting money (tips) directly from patrons. The t • 0 Mr. George W. M. Mull Re: First Amendment Club January 17, 2002 Page 2 investigation supports the following findings: 1. There was no 10 -foot separation observed between adult performers and patrons, as required by Section 15-120(I)(1) of the Ordinance; 2. There was no physical barrier between the adult performers and the patrons of the club as required by Section 15-120(i)(2) and Section 15-120(k)(2) of the Ordinance; 3. There was physical contact between the adult performers and the patrons of the club, which is prohibited by Section 15-120(1)(1) of the Ordinance; 4. There was direct tipping of the adult performers by patrons, which is prohibited by Section 15-120(1)(3) of the Ordinance; 5. No reasonable effort was made by management to prevent the above conduct between _patrons and the: adult performers,. as required by. Section 15-118(c)(2)(iv) and Section 15- 118(c)(2)(vi) of the Ordinance. On January 27,100 1, . Manager Steven Clark was, observed aiding and assisting in the above . conduct by .performers, by � announcing a raffle event in which the ".winner" of the raffle event would be allowed to sit on stage -and participate inive performancesand have physical contact with performers. As you.know, the investigation.culminated in the execution of a search warrant on the club on March 10, 2001, and the eventual .filing of prostitution charges against several of .the adult performers depicted on the video tapes and also pimping and pandering charges against Steven�Clark, who can be observed on the video tapes. The following is a list of the performers who were observed to have violated the prohibition against touching patrons and accepting tips directly from patrons on the evenings indicated: January 27, 2001 Shannon Staudinger, AKA Paisley Jennifer Johnson, AKA Cleopatra Andrea Spessard, AKA Jade Trina Taylor, AKA Mercedes Tufue Tuatoo, AKA Asia Lisa Smiley, AKA Gemini February 3, 2001 Laura Biddle, AKA Yemini 2 • 0 Mr. George W. M. Mull Re: First Amendment Club January 17, 2002 Page 3 Jennifer Johnson, AKA Cleopatra Tanya Romesha, AKA Jordan Trina Taylor, AKA Mercedes Tufue Tuatoo, AKA Asia Andrea Spessard, AKA Jade February 10, 2001 Andrea Spessard, AKA Jade Ashley Lisa Smiley, AKA Gemini Trina Taylor, AKA Mercedes Zoey Jennifer Johnson, AKA Cleopatra It appears that only two of the performers listed above who were violating the ordinance while performing at the club subsequently .applied for Adult Performer permits with the Sheriffs Office. Further, the club has been advertising performances by specific Adult Performers via weekly Chico newspaper advertisements, for the last seven months. None of the Performers advertised have ever submitted an application with the Sheriff's. Office for an Adult Performer Permit. Allowing an Adult Performer who has not applied: for an Adult Performer Permit to perform at the club is a violation of both Sections 15-117(a) and 15-118(c)(2)(vi). Please immediately cease all advertising of performances by unlicensed Adult Performers. Please also immediately arrange for each of the Adult Performers currently working and those performers whom you anticipate will soon be working at the First Amendment Gentlemen's Club to submit a complete application for an Adult Performer Permit to the Sheriffs Office. In addition, please immediately instruct your staff at the club not to allow performances by unlicensed Adult Performers. Finally, the investigative reports also set forth interviews which reveal that the Club has within it a "VIP Room," wherein private "lap dances" are conducted, sometimes as a prize won pursuant to a drawing. This is a violation of Section 15-120(g), in that the VIP Room is not "open to view by the management at all times." Advertisements in the weekly Chico newspaper have advertised "VIP dances" for at least seven months. Please immediately cease all advertising of "VIP dance" performances and immediately instruct your staff to immediately discontinue such performances at the Club. INTERIOR DESIGN VIOLATIONS You have pledged to bring the interior of the Club into compliance with the operational 3 Mr. George W. M. Mull Re: First Amendment Club January 17, 2002 Page 4 requirements of the Ordinance, including but not limited to elevating the stage or stages used at the club, installing a physical barrier between the stage and the seating for patrons, and arranging the seating for patrons 10 feet away from the stage. Butte County Building Official Michael Vieira has informed me that he toured the facility with Manager Steven Clark some time ago and that Mr. Clark had shown him two stages in the main room. The center stage was not separated from patron seating by a barrier or space. There was also a stage in a corner, which appeared to be separated from patron seating. Mr. Clark told Mr. Vieira that the center stage would only be used when performers are clothed and that the corner stage would be used when Specified Anatomical Areas were displayed by performers. Of course, the center stage is where the violations observed by the officers and depicted on the videotape took place. To my knowledge, Steven Clark is still the Manager of the Club. Mr.. Vieira.has:informed me.that, although.the process of.bringing the.interior of your business -into compliance.with.the stricter interior design requirements specified.in the permanent. ordinance was.started, that process has not been completed. Mr. Vieira has -further informed me, specifically, that: 1. You were issued.a temporary certificate of -occupancy on .10/20/.98, contingent on making changes to the interior of the building; 2. Since that time, however, you have changed the way the building is used, by changing both the layout within portions of the building which were being used when the temporary certificate was issued and also using portions of the building that were not being used when the temporary certificate was issued; 3. A written list of corrections to the interior of the building, issued by Mr. Vieira after his inspection 2/15/01 has not been fully complied with; 4. Although Mark Boyles applied for building and demolition permits on 5/14/01 to bring the building into compliance with the new ordinance by elevating the stages, etc., a list of plan corrections required to accomplish this was issued on 5/18/01, the remodel permit has not been issued, and the work necessary to bring the building into compliance has apparently never been completed, inspected and approved. 4 Mr. George W. M. Mull Re: First Amendment Club January 17, 2002 Page S VIOLATIONS OF ADULT BUSINESS REGULATORY PERMIT The Adult Business Regulatory Permit issued to you on October 16, 1998, indicated, in Condition #5, that: The permittee is advised of the following: this permit was issued by the County pursuant to an interim adult business ordinance; over the next few months to a year, the County intends to carefully evaluate, consider and adopt a permanent adult business ordinance, consistent with applicable constitutional requirements and limitations as well as the current conditions in the County; the permanent regulations may include more extensive regulation of adult businesses, possibly including but not limited to regulation of the entertainers, interior lighting requirements, spacing between patrons and entertainers, interior design standards for live entertainment facilities (e.g. stage and railing requirements, interior lighting requirements, spacing between patrons and entertainers, dressing rooms, separate entertainer entrance/exit, restrictions against physical contact between entertainers and.patrons, and restrictions against direct payment or gratuity from patron to entertainer); and, to the extent allowed by law, the county intends to apply any additional or more stringent regulations to pre-existing adult businesses, including the cabaret business for which this permit is issued. As you have previously been informed, Condition #5 of the Adult Business Regulatory Permit issued to you on October 15, 1998 notified you that the County intended, to the extent allowed by law, to apply additional or more stringent regulations provided for in the permanent ordinance to your business. Of course, as acknowledged above, a process has been started, but not completed, which will hopefully result in bringing your facility into compliance with the stricter interior design requirements specified in the permanent ordinance. Pursuant to the above, both the performance violations and the interior design violations set forth above constitute violations of Condition #5 of your Adult Business Regulatory Permit. As you are also aware, Condition #11 of your Adult Business Regulatory Permit specifies that your club is authorized to operate as an Adult Cabaret only.' It appears that you have been Further, although Section 15-110 of the Ordinance defines various other types of adult businesses, both Sections 15- 111 and 15-113 prohibit the operation of any of the various types of Adult Businesses defined in Section 5-110 without a permit. Section 15-1106) indicates that adding one of the defined types of Adult Businesses to another duly permitted Adult Business is the functional equivalent of establishing a new Adult Business. Adult video sales constitute the establishment of an Adult Bookstore without obtaining an Adult Business Regulatory Permit, in violation of Sections 15-111 and 15-113. 5 Mr. George W. M. Mull Re: First Amendment Club January 17, 2002 Page 6 0 violating both Condition #11 of the Adult Business Regulatory Permit and Section 15-113 for over six months now by selling adult videos. Please immediately instruct your staff at the club to immediately cease both advertising of and sales of adult videos. The Club is also violating Condition #14 of its permit, as well as Butte County Code Section 15- 120(k) by failing to have two uniformed security guards on duty at all times. Please also note that the persons so employed must devote their efforts exclusively to security purposes, and may not be employed for other purposes, such as selling or taking admission fees or tickets. Based on the above discussion, you should immediately immediately do the following: 1. Contact staff/independent contractors at the above named club and obtain compliance with all provisions of the Adult Business Ordinance, including but r . _not.limited to provisions requiring separation between Adult Performers and patrons, provisions prohibiting physical contact between Adult Performers and patrons;- provisions prohibiting direct tipping by. patrons. of Adult Performers and provisions requiring that only. licensed. Adult Performers engage or participate in live performances. 2. Complete renovations to the building sufficient to bring the building into compliance with the interior design requirements specified in the permanent ordinance and request an inspection by the Building Division. 3. Stop selling adult videos on the premises, as well as all other activities being conducted which are outside the scope of the Adult Cabaret business category originally authorized by your Adult Business Regulatory Permit. 4. Cease all advertising of activities prohibited by the Ordinance and/or your Adult Business Regulatory Permit, including but not limited to "VIP dances," performances by unlicensed Adult Performers and adult video sales. 5. Employ two uniformed security guards exclusively for security purposes. C. Mr. George W. M. Mull Re: First Amendment Club January 17, 2002 Page 7 Thank you for your courtesy and your anticipated immediate cooperation in this matter. If you have any questions or wish to discuss this matter further, please do not hesitate to call me. Buford im Director of Development Services cc: Mark Boyle Rob MacKenzie, Deputy County Counsel =118 VA Durling, Carl From: MacKenzie, Robert Sent: Monday, January 28, 2002 12:05 PM To: Durling, Carl Subject: First Amendment Club 0 It also occurred to me that your dept. should send out warning letters to the two performers that have sent in applications to the Sheriffs Office to be licensed as adult performers that they also violated the ordinance by dancing Win ten feet of patrons, touching patrons and accepting tips from patrons. The two are: Tufue Tuatoo AKA "Asia" (1/27/01) and Andrea Spessard AKA "Jade" (1/27/01). The basics of the warning letter can be taken from the one I wrote for Tom to Mull and Boyles. I haven't yet received a response to the email I sent you last Friday on the application that Boyles filed with your dept. last Nov. CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents or messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering this e-mail to the intended recipient, then you are (1) notified that any disclosure, copying, distribution, saving, reading or use of this information is strictly prohibited, (2) requested to discard and delete this e-mail and any attachments, and (3) requested to immediately notify us by e-mail that you mistakenly received this message (countycounsel@buttecounty.net), fax (530) 538- 6891, or telephone (530) 538-7621. Thank you. Durling, Carl From: MacKenzie, Robert Sent: Thursday, January 24, 2002 5:01 PM To: Durling, Carl Subject: First Amendment/ Centerfolds Please call me regarding the above. Isn't it possible to characterize the application that was transmitted to your department in November by Mark Boyles as a transfer application, instead of a renewal application? If so, now that Tom Buford has sent a warning letter to Mr. Mull and Mr. Boyles, the investigation by your department into alleged violations of the Ordinance has been completed and your department should process the application. You only have 30 days from the date of the letter that Tom sent the two gentlemen to complete your processing of the application(15-114(b)). I think, if the application you got from Mr. Boyles Is complete, then it probably complies with 15-116(b). If you still have his check, you can cash his check and then deny his request for a transfer of the permit pursuant to 15-115(a), because the structure is still not in compliance with the interior design requirements of the Ordinance, because Mr. Boyles either hasn't completed the modifications to the building, or hasn't gotten a final inspection by Mike Vieira. You'd better check with Mike on that. If you don't still have his check, then a different course of action is probably warranted. CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents or messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering this e-mail to the intended recipient, then you are (1) notified that any disclosure, copying, distribution, saving, reading or use of this information is strictly prohibited, (2) requested to discard and delete this e-mail and any attachments, and (3) requested to immediately notify us by e-mail that you mistakenly received this message (countycounsel@buttecounty.net), fax (530) 538- 6891, or telephone (530) 538-7621. Thank you. •av rF• OFFICE OF COUNTY COUNSEL • • COUNTY OF BUTTE • • 25 COUNTY CENTER DRIVE COUP, OROVILLE, CALIFORNIA 95965-3380 PHONE (530) 538-7621 FAX (530) 538-6891 countycounsel@buttecounty.net BRUCE S. ALPERT COUNTY COUNSEL September 15, 2000 Mr. George W.M. Mull Attorney at Law 331 J Street, Suite 200 Sacramento, CA 95814 Dear Mr. Mull: ASSISTANT COUNTY COUNSEL NEIL H. MCCABE CLEF DEPUTY COUNTY COUNSEL DAVID M. MCCLAIN ROBERT W. MACKENZIE DEPUTY COUNTY COUNSEL FELIX WANNENMACHER This letter is a follow-up to our conference on August 29, 2000, pertaining to Butte County Ordinance 3619, An Ordinance Prohibiting and Regulating Certain Adult Businesses. You have been furnished copies of the Ordinance. Our conference was attended by: Bruce Alpert, County Counsel; Randy Wilson, Principal Planner; you; and me. We discussed various provisions of the ordinance and their effect, or possible effect on The First Amendment (the "business") and the persons performing there. We discussed a number of issues regarding the interpretation and implementation of the ordinance. The issues deemed pertinent at this time are discussed below. Among other things, Ordinance 3619 adopted a new Article IV of the Butte County Code ("BCC"), commencing at § 15-110. The BCC section numbers are referred to in the discussion below. I. Do the "separation" provisions of § 15-120 (I) (1) apply only during a performance? Yes. Discussion. You inquired about the proper interpretation of this Subsection, particularly as to a person who has completed a performance and has left the stage, put on some clothing, and entered the "patron" area of the business. Please note that subsection (1) provides that a Performer shall not "perform, entertain, dance and/or model" except in compliance with stage elevation and separation requirements. Thus, the elevation and separation requirements apply during the performance by a Performer depicting Specified Anatomical Areas. If no performance is occurring and the person is not depicting such anatomical areas, the elevation and separation requirements of subsection (1) would not apply. (Please note that the language of subsection (1) differs from the language of subsection (3), as discussed in item 2 below. ) 2. Do the "tip" prohibitions of §15-120 (I) (3) apply only during a performance? No. —1— Discussion. Your argument to the contrary, as we understand it, is based upon your reading of the definition of "Performer". - §15-110 (n) defines "Performer", in part, as "...an individual who performs, entertains, - dances and/or models at an Adult Business in any live entertainment depicting Specified Anatomical Areas...." You urged that a person would no longer be a "Performer" at the conclusion of the performance, especially if that person put on clothing so that no "Specified Anatomical Areas" were showing. In response, it must be noted that the definition in question refers to an individual who performs, not to an individual who is performing, and that §15-120 (1) (3) prohibits a Performer from soliciting or directly receiving any tip or gratuity "during, after, or before" a performance. Thus, reading these provisions together, it is clear that the tipping prohibitions apply not only during the performance but also'at times other than during the performance. Please note, though, that the prohibition is against "direct" tipping, and, as you have indicated, you have in the past and can in the future, devise procedures to allow "indirect" tipping. 3. Is prepayment for a special "table dance" prohibited as tipping? Not necessarily. Discussion. You have urged that Performers are not employees but instead are independent contractors. As such, you allow them to arrange with a patron for a special "table dance" and to set their own rates for such performances. Any such arrangement for a "pre -payment" would be prohibited if, under the particular fact, it constituted the payment and/or solicitation of a tip or gratuity. Also, please note that the stage, railing and separation requirements set forth in §15-120 *(I) (1) and (2) must be observed during table dance performances. 4. Could an adult book/video store be operated within the same building that the adult cabaret business is operating in now? No. Discussion. As you have pointed out, the current permit for the business, which was issued pursuant to Ordinance 3445, does not allow any business other than the one it was specifically issued for. In this regard, condition 11 of the permit provides: "This permit is for an adult cabaret only. No other type of adult business shall be conducted on the premises." The different types of adult businesses were listed and defined in Section 5, subsection 1 D of Ordinance 3445; adult cabarets and adult bookstores were among the different types listed. Therefore, expansion of the use to allow a book/video store would require a new or amended permit. Any application for such an expansion would be processed under the current code provisions adopted by Ordinance 3619. These provisions include the following: an Adult Business Permit shall allow only the operation of the adult business type or types described in the Permit; adult cabarets and adult bookstores are different types of adult businesses; the establishment of a new adult business is limited to the M-1 and M-2 zones; and "establish" includes the "addition of any type of Adult Business to any other type of existing Adult Business." See §§ 15-113 (f), 15-110 (a), 15-112 (a) , and 15-110 0)(3). The premises in question are located on land zoned "U" (Unclassified). The existing adult cabaret business was established under the provisions of Ordinance 3445, which allowed adult businesses on a parcel in the U zone with a current legally established commercial land use within a building. See Ordinance 3445, Section 5, subsection 2. The adult cabaret can continue to operate under the existing permit. However, a new adult business of a different type cannot be established at that location under the current zoning. 5. Could an adult book/video store be established on the same parcel of real property on which the adult cabaret business is now operating and within 1,000 feet of the cabaret? No. Discussion. You have pointed out that the method specified in § 15-112 (d) for measuring distances refers to the distance between property lines, not between adult businesses; therefore, you argued, adult businesses on the same parcel would not be governed by the proximity prohibition. -2- Your argument ignores the plain language of §15-112 (c), which states that no Adult Business shall be established "...within 1,000 feet of any other Adult Business...." We cannot interpret the ordinance in the manner you have suggested. To do so would lead to an absurd result contrary to the clear intent of the ordinance. Furthermore, it is arguable that for purposes of construing the ordinance, the cabaret should be regarded as being on a separate parcel from the remainder of the parcel since it is leased as a separate parcel now. Please note that pursuant to the Subdivision Map Act and Chapter 20 of the Butte County Code parcels may be created for the purpose of sale, lease, or financing. Government Code §66424; BCC §20-48. 6. May a person who has applied for an Adult Business Performer Permit perform in an Adult Business while the application is pending? Yes, provided the application was determined to be complete or it was determined to be incomplete but the time for completion has not expired. Discussion. § 15-117 0) provides that: "During the period of time between submittal of an application and the Sheriff s approval or denial of the application, the Applicant may begin performing in the capacity and at the location(s) for which the permit was sought." You have pointed out that some prospective Performers already have some ambivalence about being Performers. If they are allowed to try out the position, they might decide to continue. If they could not have such a try out, their ambivalence, coupled with a reluctance to go to the Sheriff s office in person, might deter them. Therefore, you suggested the following procedure to facilitate "try outs": you (or some other representative of the business) would submit an application on behalf of and for the convenience of a prospective new Performer; the application would not be complete, because it would not include the applicant's fingerprints, which would normally be obtained when an applicant applied in person; the Sheriff would review the application, would determine the application to be incomplete, and would grant the applicant an extension of time to complete the application; from the time of submission of the original application until the Sheriff granted or denied the application, the applicant could perform at your business. We are willing to accept this proposed procedure, because §15-117 does not expressly require the initial application to be submitted in person. We could argue that personal submittal is required because of the fingerprinting requirement of subsection (b)(10) and that the authorization of § 15-117 0) to perform in the interval between submittal and the Sheriff s approval or denial of the permit commences only when a complete application has been submitted. However, an applicant could not necessarily be expected to know how the fingerprinting requirement would be fulfilled, and it is not unreasonable to allow the process to begin by simply submitting the application form and awaiting further instructions as to the requirements to complete the application process. The ordinance contemplates that incomplete applications may be submitted and that, in such cases, the Sheriff would notify the applicant that the application has been completed improperly and would grant an extension of time to complete it properly. So long as the applicant does so within the period of the extension, it is reasonable to allow the applicant to continue to perform "in the capacity and at the location(s) for which the permit was sought." However, if the application is not completed within the period of the extension, the authorization to perform will expire. Each new Performer should submit an application for a permit before they work as a Performer. Existing Performers should submit their applications within a reasonable time; we did not discuss this. issue, but it is our position that a reasonable time would be within 30 days from the date of this letter. As we did discuss, the permit application form has been prepared and forwarded to the Sheriff s Department. 7. What is the timetable for completion of the remodeling of the existing business premises to comply with the requirements of § 15-120? A reasonable time. Discussion. As we discussed, it will be necessary for some remodeling to be done for the existing business to comply with the requirements of §15-120, particularly the "stage" and "separation" requirements of —3— subsection (1). You did not know exactly what these requirements would be until Ordinance 3619 was adopted; so, you. could not be expected to be in compliance instantly upon adoption of the ordinance. The - ordinance was adopted on July 25, 2000, and became effective 30 days after that date. The business is expected to comply with the requirements within a reasonable time. The question is, what is reasonable? You informed us that you were having discussions with prospective purchasers of the business and suggested that compliance within 30 days of the transfer of the business would be reasonable. We do not know how long it might take for a transfer to be completed or whether a transfer will in fact occur. Therefore, we cannot agree to your suggestion.) However, we could agree that compliance within 60 days from the date of this letter would be reasonable. That would allow a total of over 90 days from the date Ordinance 3619 was adopted. 8. What are the County requirements for transfer of the business? The existing permit must be amended. Discussion. The transferee must obtain an amendment to the Permit by filing an Adult Business Permit application, accompanied by a transfer fee, with the County Director of Development Services. See § 15-116. (Also see Section 5, subsection 6 of Ordinance 3445, which was in effect when the existing permit was issued.) Please feel free to communicate with me if you have any questions regarding the above or if you have further information or legal authorities which you would like to submit for our consideration. Very truly yours, BRUCE ALPERT Butte County Counsel By Neil H. McCabe Assistant County Counsel cc: Thomas Parilo, Director of Development Services C:%WINDO WS%TEMPMULL4. WPD -4- •evTr�.• • • .couNty. INTER -DEPARTMENTAL MEMORANDUM OFFICE OF BUTTE COUNTY COUNSEL TO: M.A. Meleka, Development Services FROM:. Gloria Miller, Legal Secretary SUBJECT: Three Kings, Inc. dba Centerfolds Application for Renewal of Adult Business Regulatory Permit DATE: November 21, 2001 Enclosed are the following documents: 1. Check for $300 application fee; 2. Application Packet Checklist 3. Application of Three Kings, Inc. for Renewal, etc. RD E C E ,a s ao PLANNING DIVISION G:\GLORIA\meleka.wpd enclosures 1 f ., GOA 047. 100 146 GOL ":F '.:YS fir A-4 0 ��-- . OFC t A-40 j r f KXX %. , r f "DRAFT" LEAD IN SHEET FILE NO: Alm DEI.. - l6 AP# Oy )'i��' //� APPLICANT: M kL2fL 00:2 c—'S, 1,5"Y.30 -G mv-Cu,, f?, c9i �c-X ,7S3;;73 OWNER: T E,e 13 r© GcJr1&\t kf '--Z- 0 �8aS A alk ©,,i ST-� �v,�.7-rr�T�� �� a 90 E.51) REPRESENTATIVE: APn�-rc+--,r PROPOSED REQUEST: (to be filled out by person taking in application) S a d 0 LT FINAL REQUEST: (to be filled out by project planner) SIZE:�f-c2a-s� SUPERVISORAL DISTRICT # 3 EXISTING ZONING: GENERAL PLAN DESIGNATION: v ASSIGNED PLANNER• C� c2 n S= p PLANNERS INITIALS Date Application Received (A -c (cam r ✓ 016 / Date Project Assigned • ADULT BUSINESS REGULATORY PERMIT APPLICATION PACKET CHECKLIST The following items are required to be submitted at the time of application: Applicant Planner I. 52� 11 A completed, p ed, signed, application form. If the anohcation is signed by an anent for the property owner, an agent authorization form must be submitted along with the application. If the Applicant is other than an individual, an officer of the business entity or an individual with a 10% or greater ownership interest in the business'entity shall sign the application. The application shall not be accepted unless signed by the owner or authorized agent, if the applicant is an individual, or authorized officer or owner, if the applicant is other than an individual. 2. LJ Information concerning Applicant a. ❑ ❑ If the Applicant is an individual, the individual shall state his or her legal name, including any aliases, address, and submit satisfactory written proof that he or she is at least 18 years of age. . b. ❑ ❑ If the Applicant is a partnership, the partners shall state the partnership's complete name, address, the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any. C. Rr 13 If the Applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers and directors, the name of the registered corporate agent, and the address of the registered office for service of / process. 3. LI IJ Fictitious Name Statementn and proof of registration of the fictitious name. If the Applicant intends to operate the Adult Business under a name other than that of the Applicant, the Applicant shall file the fictitious name of the Adult Business and show proof of registration of the fictitious name. A certified copy from the Butte County Recorder's Office of the Fictitious Name Statement shall be deemed proof of registration. IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 1 4. E A description of the e type of Adult Business for which the Permit is requested, the proposed address and County assessor parcel number(s) where the Adult Business will operate, and the names and addresses of the owners and, if applicable, lessors and lessees of the Adult Business site. 5. ILrJ LJ The address to which notice of action on the application is to be mailed. 6• ❑ ❑ Whether any proposed Operator has ever been convicted of. (I) any of the offenses set forth in Penal Code sections 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 2661, 647(a), 647(b) and 647(D) as those sections now exist or may hereafter be amended or renumbered; or (ii) the equivalent of the aforesaid offenses outside the State of California. 7. ❑ ❑ Whether any proposed Operator is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state or jurisdiction to engage in prostitution in such other state or jurisdiction. If a proposed Operator is or has ever been so licensed, registered or authorized, then the Applicant shall submit a statement giving the place of such registration, licensing or authorization, and the inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution. 8. LrJ LTJ An acJ.n�wl� by the Applicant that the principal Operator has received r. pp p p p a copy of, ��L� BSP Gr read, understands, and agrees to comply with all applicable requirements and limitations of pA-je. fo this Article. 3�(�,C/� 310-P127, ,a I-$ c J s r�% t sfr/e , !fc E✓.A �m spo.c-�c�s ✓�1 ;77 polo 6� 9. LTJ Payment of the currently required Application Fee of $300.00. 10. ❑ ❑ Fifteen (15) copies of plans which shall include a detailed site plan or plans drawn to scale, prepared within 30 days prior to application submittal, depicting the building and property site to be occupied by the Adult Business. All plans shall be drawn on uniform size sheets norg eater than 24" x 36". The finished plans shall be folded to 8 '/2" x 11 ". The detailed site plan or plans must inclu e: I^ CVVW?1iA"W Civ a. ❑ ❑ Name and address of Applicant, Engineer and/or person who prepared the plan b. ❑ ❑ Property lines and lot dimensions C. ❑ ❑ Assessor Parcel Number(s) and the street address. IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 2 d. ❑ • ❑ Proposed use and/or uses of the property. • e. ❑ ❑ Proposed landscaping plan, if applicable. f. LJ Dimensioned locations of existing and proposed improvements on thero e P p rtY (including, but not limited to, buildings, including floor plans depicting all uses of each proposed room and building ingress/egress of the Adult Business, all parking areas, street access and ingress/egress, wells, septic tanks and leach fields). g. The roe line of an other Adult Business within 1 000' of the r property rtY Y proposed Adult Business; and A j/A h. eET The property lines of any church, school, park, bar, liq r store or residential zone within 1,000' of the proposed Adult Business. � A i. ❑ ❑ Distances from any significant natural and constructed features of the property, such as streets, access roads, streams, major tree stands, storm drains, bodies of water, to the property lines. j. LSI ❑ Exterior lighting, showing the location ofthe lighting system(s) required by this article. k. ❑ ❑ North arrow and scale of drawing. All plans shall be drawn to an engineering scale with the preferred scale of 1 " = 20', with a north arrow preferably oriented to the top of sheet. I. � Ef`� All plans must be clear and legible. 11. . ❑ ❑ One copy of 8 '/2" x 11" transparency reduction of the detailed site plan. 12. ❑ ❑ A vicinity map showing closest major cross streets, zoning and existing land use. 13. ❑ ❑ Owner affidavit of authorization. Additional information may be required in order to clarify, amplify, correct or otherwise supplement the above submittal information or to complete any required environmental review documents, as deemed necessary by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner. IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 3 d Signature: plican epresentative Signature: Planning Receiving Application REVISED 12/1/00 CAW NDOWMTemporary Internet Files\Content.IES\GVQ9ULUL\A.DULTAPP.WPD Date: j 1 G-0 f Date: a J�4,✓� ©a - IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 4 EXHIBIT 6 PROPOSED FLOORPLAN OF THE INTERIOR OF THE BUSINESS Ll APPLICATION OF THREE KINGS, INC., DBA "THE FIRST AMENDMENT" FOR RENEWAL OF ITS BUTTE COUNTY ADULT BUSINESS REGULATORY PERMIT SUBMITTED TO THE DIRECTOR, BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES November 16, 2001 APPLICATION FOR RENEWAL OF ADULT BUSINESS REGULATORY PERMIT APPLICANT: Three Kings, Inc., a California corporation Date of Incorporation: May 21, 1998 Officers and Directors: Chief Executive Officer—Mark Boyles Secretary - Mark Boyles Chief Financial Officer- Mark Boyles Director (sole) = Registered Agent for Service of Process: Mark Boyles Mark Boyles 15430-C Highway 99 Chico, CA 95973 Certificate of Good Standing attached hereto as Exhibit 1. Certified Copy of Statement of Domestic Stock Corporation attached hereto as Exhibit 2. Fictitious Business Name Registration attached hereto as Exhibit 3. Description of Type of Adult Business: The Applicant will operate an Adult Cabaret, serving non-alcoholic beverages, and featuring live performances by dancers who appear nude on stage. Proposed Address: 15430-C Highway 99 Chico, CA 95973 (the former El Jalisco Restaurant) APN 047-100-146 Owner and Lessor of Site: Toribio Gutierrez 6825 Marconi Street Huntington Park, CA 90650 • Address to which Notice of Action on the Application is to be Mailed: Mark Boyles 15430-C Highway 99 Chico, CA 95973 Drawing Depicting Building and Property Site attached hereto as Exhibit 4. • Drawing was prepared on November 13, 2001. • There are no other Adult Businesses, Churches, Schools, Parks, Residential Zones, Bars or Liquor Stores within 750 feet of the subject Adult Business. Diagram of the Off -Street Parking Areas, Driveways, Street Access, Ingress and Egress, and Building Ingress and Egress, and the Lighting System attached hereto as Exhibit 5. • See Exhibit 6 for Detail of Building Ingress and Egress. Floorplan of Interior of the Business attached hereto as Exhibit 6. Submitted this 16th day of November, 2001 by Three Kings, Inc, a California corporation By: r �Marrljoyles, its Chief Executive Officer EXHIBIT 1 ob CERTIFICATE OF GOOD STANDING SECRETARY OF STATE CERTIFICATE OF STATUS DOMESTIC CORPORATION 0 I, BILL JONES, Secretary of State of the State of California, hereby certify: That on the 21st day of May, 1998, THREE KINGS, INC. became incorporated under the laws of the State of California by filing its Articles of Incorporation in this office; and That no record exists in this office of a certificate of dissolution of said corporation nor of a court order declaring dissolution thereof, nor of a merger or consolidation which terminated its existence; and That said corporation's corporate powers, rights and privileges are not suspended on the records of this office; and That according to the records of this office, the said corporation is authorized to exercise all its corporate powers, rights and privileges and is in good legal standing in the State of California; and That no information is available in this office on the financial condition, business activity or practices of this corporation. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this day of November 13, 2001. BILL JONES Secretary of State is IP -24 A (Rev. 1-96) OSP 99 21639 �0 II EXHIBIT 2 • CERTIFIED COPY OF STATEMENT OF DOMESTIC STOCK CORPORATION SECRETARY OF STATE I, BILL JONES, Secretary of State of the State of California, hereby certify: That the attached transcript of I page(s) was prepared by and in this office from the record on file, of which it purports to be a copy, and that it is full, true and correct. Sec/State Form CE -108 (rev. 6/98) IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this day of NOV..13 Secretary of State OSP 00 42413 R. Itate 01 of California X Bill Jones SACRAMEW0, CALIF STATEMENT BY DOMESTIC STOdK CORPORATION A 11PIRs"es.egemnT, 1. DO NOT RATE NAME AND NUMBER. SECFFEI, STATE C2109093 NOTICE DATE' 10/12/01 08452S THREE KINGS, INC. 15430 HWY 99 CHIC0,CA 95973 ZIP CODE 97 - ALIFORNIA, IF ANY CITY -3 ZIP CODE 4. MAILING ADDRESS CITY AND STATE CA ZIP CODE N G " 11 l FM F RI CITY AND STATE. ZIP CODE 7. CHIEF FINANCIAL OFFICER/ ADDRESS CITY AND STATE ZIP CODE ZIP CODE ZIP CODE 10. NAME ADDRESS CITY AND STATE E 11. NUMBER OF VACANCIES ON THE BOARD OF DIRECTORS', IF ANY: 12. CHECK THE APPROPRIATE PROVISION BELOW AND NAME THE AGENT FOR SERVICE OF PROCESS: AN INDIVIDUAL RESIDING IN CALIFORNIA. ORPORATION WHICH HAS FILED A CERTIFICATE PURSUANT TO SECTION 1505 OF THE CALIFORNIA CORPORA TIONS RY 13. ADDRESS OF THE AGENT FOR SERVICE OF PROCESS IN CALIFORNIA, IF AN INDIVIDUAL. CITY ZIP CODE 15,773 14. DESCRIBE THE TYPE OF BUSINESS OF THE CORPORATION C LU 15. 1 DECLARE THAT I HAVE EXAMINED THIS STATEMENT AND TO THE BEST OF MY KNOWL��D BELIEF, IT IS TRUE, CORRECT AND COMPLETE. [TYPEOR RINT NAME OF SIGNING OFFICER OR AGENT RI L IGNATURE TITLE DATE SO -200 N/C (REV.. 11/99) Approved by Secretary of State EXHIBIT 3 REGISTRATION OF FICTITIOUS BUSINESS NAME CANDACE J. GRUBBS COUNTY CLERK 25 COUNTY CENTER DRIVE OROVILLE, CA 95965 FBN Number: 2001-0000829 This statement was filed in the office of CANDACE J. GRUBBS, County Clerk of BUTTE County, r on June 1, 2001, By: Deputy FICTITIOUS BUSINESS NAME STATEMENT FIRST FILING - PUBLICATION REQUIRED WITHIN 30 DAYS Business Address Began Transacting Business : 5/10/2001 15430 HWY.99 Statement Expires On : 6/1/2006 CHICO, CA 95973 Business Is Conducted By : Corporation Phone : (530) 342-1999 Fictitious Business Name(s) : CENTERFOLDS Registrant Address(es): THREE KINGS INC. 15430 HWY 99 CHICO, CA 95973 NOTICE: This fictitious name statement expires five years from the date it was filed in the office of the County Clerk. Anew fictitious business name statement must be filed before that time. The filing of this statement does not of itself authorize the use in this state of a fictitious business name in violation of the rights of another under federal, state, or common law (See Section 14400, ET SEQ., Business and Professions Code). Signature Print Name Registrant other than an individual sign below: Signature Title Print Officer's Name I HEREBY CERTIFY THAT THIS COPY IS A CORRECT COPY OF THE ORIGINAL STATEMENT ON FILE IN MY OFFICE. BUTTE COUNTY CLERK By: O 6/1/2001 Deputy Page 1 Distribution: BANK EXHIBIT 4 • DRAWING DEPICTING BUILDING AND PROPERTY SITE • 't e . .1% EXHIBIT 5 e DIAGRAM OF THE OFF-STREET PARKING AREAS, DRIVEWAYS, STREET ACCESS, INGRESS AND EGRESS, AND THE LIGHTING SYSTEM '' 0 � '- - - | | \ | | | | ^\ ` g•-Od- X0003 3102 - - 110 2 DBA:THE-1ST=AMENDMENT 300 15430 HIGHWAY:99 N -C / 90-2267/1211 3812 Zl" /6 ' V 1 C~TCO, CA 95973-9489 DATE ORD E (�LT. CTLi� A I �QL►L G�1 i1� ' C . C}T1 DOLLARS 4^ f�°.w,.. - �:Hpur Banking 11-800WS BANKS DQA Toe &-r ..t v7` FOR I:L211226761:111534901,390P3?ii- L DATE RECEIPT NO. TOTAL RECEIVED PUBLIC WORKS A - - LAFCO ' PLANNING PUBLIC SALES ENV. HEALTH FIRE NOE/NOD F/G FEE OTHER APPLICANT RECEIVED FROM L �r t4Ulr 7- I OFFICIAL RECEIPT T/v COUNTY OF BUTTE �sT iQ iYtr1 �✓� 1ew7 7. STATE OF CALIFORNIA GC/NYL�p ���G OFFICE OF PLANNING RECEIPT 20203 ISSUED BY - 0 r Y TWFiEE KINGS _ - - - 110 2 DBA:THE-1ST=AMENDMENT 15430 HIGHWAY:99 N -C / 90-2267/1211 3812 Zl" /6 ' V 1 C~TCO, CA 95973-9489 DATE ORD E (�LT. CTLi� A I �QL►L G�1 i1� ' C . C}T1 DOLLARS 4^ f�°.w,.. - �:Hpur Banking 11-800WS BANKS FOR I:L211226761:111534901,390P3?ii- L 0 r ET- M Ln 0 ru Postage $ Y-xNo W0 rq 1 cp Certified Fee Postmark ,--p Return Receipt Fee Here (Endorsement Required) O Restricted Delivery Fee C3 (Endorsement Required) O O R Total Postage &Fees Is M Recipient's Nam 1 se Print Clearly) a completed by mailer) ���-i-K lit �eS O"- Sj eet, Apt. ----------------------------------- o.; or PO Box No. ---------- ---- - -------------------------- City, State, ZIP+4 -------------- LC C ok S fiJ PS Form :00 February 2000 See Reverse for Instructions CONDITIONAL ADULT BUSINESS REGULATORY PERMIT Transfer of Ownership For Adult Cabaret Only Pursuant to Chapter 15 of Butte County Code TO: Mark Boyles FROM: Fred Davis, Interim Director, Development Services DATE: February 15, 2002 File #ADM 02-16 PURPOSE: Conditional Adult Business Regulatory Permit for Mark Boyles on APN# 047-100- 146 for a transfer of ownership of an Adult Business located at east side of Hwy. 99 about. 3,000 feet south of Hamilton Nord Cana Hwy, on property zoned Unclassified. PERMIT REQUIREMENTS: Approval of this Adult Business Regulatory Permit is contingent upon fulfillment of the following requirements: 1. Comply with provisions of Butte County Ordinance 3619, AN ORDINANCE PROHIBITING AND REGULATING CERTAIN ADULT BUSINESSES. 2. Comply with the provisions and requirements contained in the May 18, 2001 letter (Copy attached) from the Department of Development Services, Building Division written to Ron Bunch from Glenn Gibbons, Plans Examiner. 3. Comply with any further provisions and requirements articulated in the letter to George W. M. Mull dated January 17, 2002 (Copy attached) from Tom Buford, Interim Director of Development Services. 4. Required to obtain approval by the Fire Department (538-7994) prior to opening for business 5. All work required under Items #2 #3 and #4 above is to be completed by August 17, 2002. 6. The permit may be suspended or revoked if any of the terms or conditions of the Permit are violated or if any acts or omissions of the permittee in connection with the use authorized by said Permit constitute a public nuisance. Permittee Signature Date fl/O"(C4 (I Pf. 2M 1 r wlt5 Scv % 7v 160yGes M. A. Meleka Date Principal Planner lv ?if 1-c--7Tc't 1=A0,-4 F"?i 0 47; 15-r Qe'9oz Applicant's Copy • • CONDITIONAL ADULT BUSINESS REGULATORY PERMIT Transfer of Ownership Pursuant to Chapter 15 of Butte County Code TO: Mark Boyles FROM: Fred DAvis, I terim Director, Development Services v DATE: Febru 1002 File #ADM 02-16 PURPOSE: Co ditional Adult Business Regulatory Permit for Mark Boyles on APN# 047-100- 146 for a transfer of ownership of an Adult Business located at east side of Hwy. 99 about 3,000 feet south of Hamilton Nord Cana Hwy, on property zoned Unclassified. PERMIT REQUIREMENTS: Approval of this Adult Business Regulatory Permit is contingent upon fulfillment of the following requirements: 1. Comply with provisions of Butte County Ordinance 3619, AN ORDINANCE PROHIBITIN AND REGULATING CERTAIN ADULT BUSINESSES. 2. Comply with the provisions and requirements contained in the May 18, 2001 ester from the Department of Development Services, Building Division written to Ron Bunch from Glenn Gibbons, Plans Examiner. 3. Comply with any further pro ' ions and requirements articulated in the letter to George W. M. Mull dated January 17, 2002 from Tom Buford, Interim Director of Development Services. �a uil t'GP� D 4. est btain approval by the Fire Department (538-7994) prior to opening for business. 5. All work required under Items #2 #3 and #4 above is to be completed by ugust 17, 200 6. The permit may be suspended or revoked if any of the terms or conditions of the Permit are violated or if any acts or omissions of the permittee in connection with the use authorized by said Permit constitute a public nuisance. Permittee Signature Date M. A. Meleka Date Principal Planner ADULT BUSINESS REGLATORY PERMIT Transfer of Ownership Pursuant to Chapter 15 of Butte County Code TO: Mark Boyles FROM: Tom Buford, Interim Director, Development Services DATE: January 30, 2002 PURPOSE: File#ADM 02-16 Administrative Permit for Mark Boyles on APN# 047-100-1461or a transfer of ownership of an Adult Business located at east side of Hwy. 99 about 3,000 feet south of Hamilton Nord Cana Hwy, on property zoned Unclassified. PERMIT REQUIREMENTS: Approval of this Administrative Permit is contingent upon fulfillment of the following requirements: 1. Comply with provisions of Butte County Ordinance 3619, AN ORDINANCE PROHIBITING AND REGULATING CERTAIN ADULT BUSINESSES. 2. Comply with the provisions and requirements contained in the May 18, 2001 letter from the Department of Development Services, Building Division written to Ron Bunch from Glenn Gibbons, Plans Examiner. Comply with any further provisions and requirements articulated in the letter to George W. M. Mull dated January 17, 2002 from Tom Buford, Interim Director of Development Services. 4. Must obtain ap roval by the Fire Department (538-7994) prior to opening for sales. The permit may be suspended or�evoked if any of the terms or conditions of the Permit are violated or if any acts or omissions of the permittee in connection with the use authorized by said Permit constitute a public nuisance. DETERMINATION: DED3ftj�2��- 5�3 - -y �-- qZ Wr-T A review of the business activities indicate that the requirements describe in Items #1, #2, #3, and #4 have not been completed or fulfilled. Therefore, this application is DENIED at this time. / 5-. «-�- 0Y c LV /Ott Permittee Signature Date M. A. Meleka Principal Planner Date ADMINISTRATIVE PERMIT for TEMPORARY MOBILE HOME TO: FIELD(applicant) ;0441C 15014,ffs 7 FROM: Tom Buford, Interim Director, Development Services DATE: DATE Vo 0.9 File#FIE D(file number) A,0M Oa � PURPOSE: Administrative Permit for FIELD(applicant) on APN# FIELD a for *au located at FIELD(site location), on property zonedFI D(zoning). PERMIT REQUIREMENTS: �/-�re/�n►S•C{�t '� �c•�,✓�%+R SN(� .4d� l4- b of�,��ss Permittee Signature Date K:\P�LANNIN`GI FRM r M. A. Meleka Principal Planner Date r ADULT BUSINESS A'*1156U4 C_ CK,,, Transfer of Ownership TO: Mark Boyles FROM: Tom Buford, Interim Director, Development Services DATE: January 30, 2002 File#ADM 02-16 PURPOSE: Administrative Permit for Mark Boyles on APN# 047-100-146 for a transfer of ownership of an Adult Business located at east side of Hwy. 99 about 3,000 4ex+ south of Hamilton Nord Cana Hwy, on property zoned Unclassified. PERMIT REQUIREMENTS: Approval of this Administrative Permit is contingent upon fulfillment of the following requirements: 1. Comply with provisions of Butte County Ordinance 3619, AN ORDINANCE PROHIBITING AND REGULATING CERTAIN ADULT BUSINESSES. 2. Comply with the provisions and requirements contained in the May 18, 2001 letter from the Department of Development Services, Building Division written to Ron Bunch from Glenn Gibbons, Plans Examiner. 3. Comply with any further provisions and requirements articulated in the letter to George W. M. Mull dated January 17, 2002 from Tom Buford, Interim Director of Development Services. 4. Must obtain approval by the Fire Department (538-7994) prior to opening for sales. 5. The permit may be revoked if any of the terms or conditions of the Permit are violated or if any acts or omissions of the permittee in connection with the use authorized by said Permit constitute a public nuisance. DETERMINATION: DENIED A review of the business activities indicate that the requirements of Items #l, #2, #3, and #4 have not been completed or fulfilled. Therefore, this application is DENIED at this time. Permittee Signature Date M. A. Meleka Date Principal Planner ADMINISTRATIVE PERMIT for ADULT BUSINESS Transfer of Ownership TO: Mark Boyles FROM: Tom Buford, Interim Director, Development Services DATE: January 30, 2002 File#ADM 02-16 PURPOSE: Administrative Permit for Mark Boyles on APN# 047-100-146 for a transfer of ownership of an Adult Business located at east side of Hwy. 99 about 3,000 ft. south of Hamilton Nord Cana Hwy, on property zoned Unclassified. PERMIT REQUIREMENTS: Approval of this Administrative Permit is contingent upon fulfillment of the following requirements: Comply with provisions of Butte County Ordinance 3619, AN ORDINANCE PROHIBITING AND REGULATING CERTAIN ADULT BUSINESSES.' 2. Comply with the provisions and requirements contained in the May 18, 2001 letter from the Department of Development Services, Building Division written to Ron Bunch from Glenn Gibbons, Plans Examiner. Comply with any further provisions and requirements articulated in the letter to George W. M. Mull dated January 17, 2002 from Tom Buford, Interim Director of Development Services. 4. Must obtain approval by the Fire Department (538-7994) prior to opening for sales. The permit may be revoked if any of the terms or conditions of the Permit are violated or if any acts or omissions of the permittee in connection with the use authorized by said Permit constitute a public nuisance. DETERMINATION: DENIED A review of the business activities indicate that the requirements of Items #1, #2, #3, and #4 have not been completed or fulfilled. Therefore, this application is DENIED at this time. Permittee Signature Date M. A. Meleka Principal Planner Date .. ...... 1T