HomeMy WebLinkAbout3445
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ORDINANCE NO. 345 ~
AN URGENCY INTERIM 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 impose an interim
prohibition against, and regulation of, certain adult businesses within the unincorporated areas of the
County, during the period necessary for the Board of Supervisors, Planning Commission, and County
staff to evaluate, consider and adopt permanent regulations. This ordinance is adopted pursuant to
California Constitution article 11, section 7, Butte County Charter, article I, section 1, Government Code
section 65858, and other applicable law.
SECTION 2. FINDINGS. The Board of Supervisors finds and determines as follows (the definitions
added by section 5 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 foIiowing studies concerning the adverse secondary side effects of Adult Businesses in other
cities: Garden Grove, California (1991); Tucson, Arizona (1990); Seattle, Washington (1989); Austin,
Texas (1986}; Oklahoma County, Oklahoma (1985); Indianapolis, Indiana {1984); Houston, Texas
(1983); Beaumont, Texas (1982); Minneapolis, Minnesota {1980); Phoenix, Arizona {1979}; Whittier,
California (1978); Amarillo, Texas {1977); Cleveland, Ohio (1977); Los Angeles, California (1977}.
administrative offices. 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
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more specifcally finds that these studies provide 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
I located.
3. The proximity and concentration of Adult Businesses adjacent to residential,
~ recreational, religious, educational and other Adult Business uses can cause other businesses and
I residences to move elsewhere.
~. 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 cities establish convincing evidence that Adult Businesses which are not regulated
as to permissible locations often have a deleterious effect an nearby businesses in residential areas,
causing, among other adverse secondary effects, an increase in crime and a decrease in property values.
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
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 under certain circumstances or located in direct proximity to sensitive uses such as parks,
schools, churches, 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 and thereby prevent
such adverse secondary side effects.
not unreasonably restrict the
establishment or operation of constitutionally protected Adult Oriented Businesses in Butte County, and
a sufficient reasonable number of appropriate locations for Adult Oriented Businesses are provided by
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this ordinance.
D. Tn 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 Amendments of the United States and California Constitutions, 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: Young v. American Mini Theaters,
Inc., 427 U.S. 50 {1976) {Reh. denied 429 U.S. 873); Renton v. Playtime Theaters, 475 U.S. 41 {1986)
(Reh. denied 475 U.S. 1132); FW/PBS, Inc. v. Dallas, 493 U.S. 215 (1990); Barnes v. Glenn Theater,
501 U.S. 560 {1991}; United States Court of Appeals 9`~ Circuit decisions, including but not limited to:
~Kev, Inc. v. Kitsap County, 793 F.2d lOS3 (9'~ Cir. 1986) Tapanga Press, et al. v. County of Los
Angeles, 989 F.2d 1524 {1993); several California cases, including but not limited to: Smith v. County
of Los Angeles, 24 Cal.App.4th 990 (1994); County of National County v. Weiner, 3 Ca1.4th 832 { 1993);
People v. Superior Court (Lucero} 49 Cal.3d 14 (1989}; and County of Vallejo v. Adult Books, et al.,
167 Ca1.App.3d 1169 (1985}; and other federal cases including Lakeland Lounge v. County of
Jacksonville (S'~ Cir. 1992) 973 F.2d 1255, Hang On, Inc. v. Arlington {~' Cir. 1995} 65 F.3d 1248,
Mitchell v. Commission on Adult Entertainment (3'~ Cir. 1993) 10 F.3d 123, International Eateries v.
Broward County {11~' Cir. 1991} 941 F.2d 1157, and Star Satellite v. County of Biloxi (5~' Cir. 1986)
779 F.2d 1074.
E. 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.
F. The Board recognizes the possible harmful effects on children and minors exposed to the
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.
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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 welfaze 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.
G. Nothing in this ordinance is intended to authorize, legalize, or permit the establishment,
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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.
H. While the Board desires to protect the rights conferred by the United States and California
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. .
I. Enclosed or concealed booths and dimly-lit 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, and that
adequate lighting be provided 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 thereof by law enforcement personnel.
7. Recently, business operators have expressed interest in commencing Adult Businesses in the
County, and serious questions have been raised about the constitutionality of the County's existing Adult
Business ordinance. Immediate litigation has been threatened against the County to challenge its
ordinance.
K. The County has not reviewed its Adult Business zoning
~ years, and finds that it is appropriate to carefully reevaluate its Adult Business ordinance in light of
~ current constitutional requirements and limitations, and current and evolving County land uses and other
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I circumstances.
L. By this urgency, interim ordinance, the County intends to address the alleged constitutional
defects, maintain the status qua, and provide for short term regulation of Adult Businesses, while
allowing the County an opportunity to carefully consider and adopt permanent regulations.
M. Following the adoption of this interim ordinance, the Board of Supervisors intends to direct
its staff and Planning Commission to forthwith proceed with the evaluation of a permanent Adult
Business ordinance, consistent with constitutional requirements and limitations as well as the current
conditions in the County. In the permanent regulations, the County intends to consider more extensive
regulation of Adult Businesses, possibly including, but not limited to, regulation of the exposure of the
genitals, buttocks and female breasts (as contemplated by Assembly Bill No. 725; 1998 Stats. ch. 294),
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.
N. Based upon the foregoing, the Board finds as follows: (1) because of the issues raised by
Three Kings and the related threat of immediate litigation, there is a current and immediate threat to the
public health, safety and welfare; (2} if litigation is pursued and if a court issues a temporary restraining
order or preliminary injunction prohibiting the County from enforcing its current Adult Business
ordinance, then, by the mere issuance of building permits, certificates of occupancy and business
licenses, an Adult Business could continence operation without any regulation targeting the adverse
secondary effects; (3} this could result in the largely unregulated commencement and operation of Adult
Businesses which could lead to the adverse secondary impacts discussed above; (4) immediate changes
in the County Adult Business ordinance are necessary and appropriate in order to promptly address the
alleged constitutional defects and avoid unnecessary litigation; (5) pending the evaluation, consideration
necessary and appropriate to
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regulations in order to avoid the unregulated commencement and operation of Adult Businesses which
could lead to the adverse impacts discussed above; and (5} this interim ordinance is necessary in order
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to protect the public safety, health and welfare of the County and its residents, b~ providing for short
term regulations while allowing time for a mare careful reevaluation of the County's ordinance.
SECTION 3. REPEAL OF EXISTING ORDINANCE. Butte County Code sections 24-250 - 24-
250.20, inclusive, are hereby repealed.
SECTION 4. PROHIBITION OF CERTAIN USES. Pending the evaluation and adoption of a
permanent AdulC Business ordinance, the establishment and operation of Adult Businesses within the i
unincorporated area of Butte County are hereby prohibited, except as permitted pursuant to the interim
regulations in section 5. No County building permit, certif Cate of occupancy or business License for an
Adult Business shall be issued by the County during the term of this ordinance, except for uses as
~ permitted in section 5.
SECTION S. ADOPTION OF INTERIM RESTRICTIONS. During the term of this interim
~ ordinance, Adult Businesses shall be subject to the following interim regulations and restrictions:
1. Definitions. The definitions set forth below shall apply to this ordinance.
A. "Establish" an Adult Business means and includes any of the following:
(1) The opening or commencement of any Adult Business as a new business;
(2) The conversion of an existing business, whether or not an Adult Business, to any ',
~ Adult Business;
(3) The addition of any of the Adult Businesses to any other existing Adult Business; or '~~
{4) The relocation of any Adult Business.
B. "Church" means a building or structure that is used primarily for religious warship and related I~
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C. "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
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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, 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. .
D. "Adult Business" means any one of the following:
{1} Adult arcade. The term "adult arcade" is an establishment where, for any form of
consideration, one or more still or motion picture projectors, or similar machines, for viewing by five
or fewer persons each, are used to show films, computer generated images, motion pictures, video
cassettes, slides or other photographic reproductions 30% or more of the number of which are
distinguished or characterized by an emphasis upon the depiction ar description of Specified Sexual
Activities or Specified Anatomical Areas.
(2) Adult bookstore. The term "adult bookstore" is an establishment that has 30% or
more of its current stack in retail areas open to customers {excluding storage areas not open to
customers) in books, magazines, periodicals or other printed matter, or of photographs, films, motion
pictures, video cassettes, slides, tapes, records or other form of visual or audio representations which are
distinguished or characterized by an emphasis upon the depiction or description of Specified Sexual
Activities or Specified Anatomical Areas.
(3) Adult cabaret. The term "adult cabaret" means a nightclub, restaurant, or similar
business establishment that: (a) regularly features live performances that are distinguished ar
characterized by an emphasis on the exposure of Specified Anatomical Areas or Specified Sexual
Activities; (b) regularly features persons who appear nude or semi-nude; and/or {c) shows films,
computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions
30%a or more of the number of which are distinguished or characterized by an emphasis upon the
depiction or description of Specified Sexual Activities or Specified Anatomical Areas.
}Adult"hoteUmotel~ "The"teim""adult-hotellmotel"
~ or similar business establishment offering public accommodations for any form of consideration that,
(a) provides patrons with closed-circuit television transmissions, films, computer generated images,
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motion pictures, video cassettes, slides, or other photographic reproductions 30% or more of the number
of which are distinguished or characterized by an emphasis upon the depiction or description of
Specified Sexual Activities or Specif ed Anatomical Areas; and (b) 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. The term "adult motion picture theater" is a business
establishment where, for any farm of 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 are distinguished or characterized by an emphasis upon the depiction or description of
Specified Sexual Activities or Specified Anatomical Areas.
(6} Adult theater. The term "adult theater" means a theater, concert hall, auditorium, or
similar establishment that, for any form of 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. The term "modeling studio" means a business that provides, for
pecuniary compensation, monetary or other consideration, hire or reward, figure 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 Specified Sexual Activities.
E. "Adult Business Operator" or "Operator" means a person who supervises, manages, 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.
F. "Adult Material" means films, motion pictures, video cassettes, photographs, films, slides,
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
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Specified Anatomical Areas.
G. "Applicant" means a person who is required to file an application for a permit under this
chapter, including an individual owner, managing partner, officer of a corporation, or any other Operator, ',
manager, employee, or agent of an Adult Business.
H. "Distinguished or characterized by an emphasis upon" means and refers to the dominant or
essential theme of the object described by such phrase. For instance, when the phrase refers to films
"which are distinguished or characterized by an emphasis upon" the depiction or description of specified
sexual activities or specified anatomical areas, the films so described are those whose dominant or
predominant character and theme are the depiction of the enumerated sexual activities or anatomical
areas. See Pringle v. County of Covina, 115 Cal.App.3d 151 {19$1).
I. "Operate an Adult Business" means the supervising, managing, inspecting, directing,
organizing, controlling or in any way being responsible for ar in charge of the conduct of activities of
an Adult Business or activities within an Adult Business.
J. "Permittee" means the person to whom an Adult Business Regulatory Permit is issued.
K. "Person" means any individual, partnership, copartnership, firm, association, joint stock
company, corporation, or combination of the above in whatever form or character.
L. "Regularly features" with respect to an adult theater or adult cabaret means a regular and
substantial course of conduct. The fact that live performances that are distinguished ar characterized
by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on
two or more occasions within a 30 day period; three or more occasions within a d0 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.
M. "Specified Anatomical Areas" means and include any of the following: (1) Less than
completely and opaquely covered human (i) genitals or pubic region (ii) buttocks and (iii) female breast
a
top
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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.
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N. "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 ar 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 subdivision
(1) through {3} of this subsection.
O. "Director" shall mean the County Director of Development Services ar his ar her designee.
2. Minimum roximit re uirements. Notwithstanding any other County ordinance, no Adult Business
shall be established ar operated {a) in any zone in the County other than the C-1, C-2, C-C, and H-C
zones, or on a parcel in the U zone with a current {as of September 16, 1998) legally established
commercial land use within a building or structure, or (b) within certain distances of certain specified
land uses or zones as set forth below:
A. No such business shall be located within 750 feet of any other Adult Business (including
those located in both the unincorporated and incorporated areas of the County).
B. No such business shall be located within 750 feet from any existing residential zone, park,
Church, Bar, liquor store, or School (including those zones and uses located in both the unincorporated
and incorporated areas of the County). A residential zone for purposes of this ordinance shall mean any
zone that allows residential uses as a primary use and that allows a parcel size of smaller than five acres.
The distances set forth above shall be measured in a straight line from the nearest paint on the property
line of the Adult Business to the nearest point on the property line of the subject zone or use without
regard to intervening structures.
Adult Businesses shall be prohibited in any zone not expressly set forth above.
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A. It shall be unIawfuI for any person to engage in, conduct ar carry an, or to permit to be
engaged in, conducted or carried on, in or upon any premises in the County, the operation of an Adult
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Business unless the person first obtains and continues to maintain in full force and effect an Adult
Business Regulatory Permit from the County as required by this ordinance.
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, address, and 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, whether the partnership is general or Iimited, and
attach a copy of the partnership agreement, if any.
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 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 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
names and addresses of the owners and lessors of the Adult Business site.
{5} The address to which notice of action on the application is to be mailed.
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(5) A drawing prepared within 30 days prior to application depicting the building and
the property site to be occupied by the Adult Business, and: (i) the property line of any other Adult
Business within750 feet of the Adult Business for which a permit is requested; and {ii) the property lines
of any Church, School, park, or residential zone within 750 feet of the subject Adult Business.
(7} A sketch or diagram of the off~street parking areas, driveways, street access, ingress
and egress, and building ingress and egress of the Adult Business and also showing the location of the
lighting system required by this ordinance.
(8) A proposed floor plan of the interior of the business.
C. If the Dixector 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 Regulatory Permit.
E. Each Adult Business Regulatory 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 Che 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 peziod. Applications for renewal shall be acted on as provided
in this ordinance, or any successor Adult Business ordinance, for action upon initial applications for
permits. .
~. Investigation and action on application.
A. Upon receipt of a completed application and payment of the application fee, the Director shall
i immediately stamp the application as received and promptly investigate the information contained in the
t shall bei issued an Adult Business RegulatoryPermi
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B. Within 30 days of receipt of the completed application, the Director shall complete the
investigation, grant or deny the application in accordance with the provisions of this ordinance, and so
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notify the Applicant as follows:
{1) Zf the application is denied, the Director shall provide to the applicant a statement of
the reasons for denial.
(2) If the application is granted, the Director shall provide to the applicant an Adult
Business Regulatory Permit.
(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.
C. The Director shall grant the application and issue the Adult Business Regulatory Permit upon
findings that the proposed business meets the locational and other criteria, standards and requirements
of this ordinance. The Permittee shall post the permit conspicuously in the Adult Business premises.
D. If the Director grants the application or if the Director neither grants nor denies the
application within 30 days after submittal of a complete application, the applicant may begin operating
the Adult Business for which the permit was sought, subject to strict compliance with the permit
conditions, if any, and the development and performance standards and requirements of this ordinance.
E. The Director may conditionally approve an application subject to such conditions that are
necessary to bring the proposed use into conformity with valid requirements set forth in this ordinance,
other applicable County ordinances or regulations, or federal or state law. Conditions required by the
permit shall be completed before issuance of the certificate of occupancy or initiation of the use.
~ 5. Permit denial. The Director shall deny the application for any of the following reasons:
A. The proposed interior floor plan, building, structure, equipment, or location used by the
business for which an Adult Business Regulatory Permit is required do not comply with the requirements
and standards of the health, zoning, fire, building or safety Iaws of the County and the State of
California, or with the locational or development and performance standards and requirements of this
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B. The Applicant, his or her employee, agent, partner, director, officer, shareholder or manager
I has knowingly made any false, misleading or fraudulent statement of material fact in the applicarion for
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an Adult Business Regulatory Permit..
C. An Applicant is under 18 years of age.
D. The required application fee has not been paid.
6. Transfer of Adult Business regulatory_permits.
A. A Permittee shall not operate an Adult Business under the authority of an Adult Business
Regulatory Permit at any place other than the address of the Adult Business stated in the application far
the Permit. Adult Business Regulatory 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 Regulatory 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 Regulatory 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 1$, and the Director determines in accordance
with this 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 ar indirectly in violation of this section is
hereby declared void, and the permit shall be deemed revoked.
7. Sus erasion or revocation of Adult Business Re ulato Permit . An Adult Business Regulatory ',
Permit may be suspended or revoked in accordance with the procedures and standards of this section.
A. On determining that grounds for permit suspension or revocation exist, the Director shall
~~ 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
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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.
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 maybe 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 PIanning Commission may appeal the decision pursuant to section 8.
C. A Permittee may be subject to suspension or revocation of its Permit for any of the following
causes arising from the acts or omissions of the Permittee, or an 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 knowingly allowed or permitted, and has 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
! masturbation.
ii. Use of the establishment as a place where unlawful solicitations for sexual
~ intercourse, sodomy, oral copulation, or masturbation openly occur.
iii. Any conduct constituting a criminal offense which requires registration under
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iv. The occurrence of acts of lewdness, assignation, or prostitution, including any
conduct constituting violations of Penal Code sections 315, 316, 318, or 647(b).
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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 3,11
through 313.4.
vi. Any conduct, act, omission or occurrence prohibited by this ordinance.
{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 9.
D. After holding the hearing in accordance with the provisions of this section, if the Director
finds and determines that there are grounds for disciplinary action, based upon the severity of the
violation, the Director shall impose one of the following:
{1) A warning;
{2) Suspension of the permit for a specified period nat 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.
8._ApPeal of Director decisions. After denial of an application for an Adult Business Regulatory Permit,
after denial of renewal of a permit, or after suspension or revocation of a permit, the aggrieved applicant
or permittee may appeal the administrative action to the Board of Supervisors by filing a notice of appeal
with the Clerk of Che 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. Tf
the denial, suspension or revocation is affirmed on review, the applicant or permittee may seek judicial
review of the Board's decision pursuant to Code of Civil Procedure section 1094.5. If the applicant or
permittee pursues litigation, the County and its attorneys shall petition the court and cooperate with the
to ensure a prompt
9. Business development and performance standards. The following applicable requirements shall be
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deemed conditions of all Adult Business Regulatory Permits, 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 fzre equipment shall be regulated, designed
and provided in accordance with the County Fire Marshall and building and fire safety regulations and
standards adopted by the County.
B. Na Adult Business shall be operated in any manner that permits the observation of any Adult
Material 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 area 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
illununation of one foot candle of light on the parking surface and/or walkways. The required lighting
level is established in order to provide sufficient iIlumination of the parking areas and walkways serving
'~ the Adult Business for the personal safety of patrons and employees and to reduce the incidence of
vandalism and criminal conduct.
D. The premises within which the Adult Business is located shall provide sufficient saund-
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
wane building.
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. Na 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 ~. ~ years
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.
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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 is less than 20 square feet maybe 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 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 or saliva in any such booths shall be evidence of improper maintenance and inadequate sanitary
controls.
I. 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 male patrons and employees, and female
patrons and employees. Male patrons and employees shall be prohibited from using the rest rooms} far
~ 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
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picture or video viewing, projection, recording or reproduction equipment
J. 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 one security guard
at all times while the business is open. If the occupancy limit of the premises is greater than 35 persons,
an additional security guard shall be on duty.
{2) Security guards for other Adult Businesses may be required if it is determined by the
Director or County Sheriff that their presence is necessary in order to prevent any of the conduct listed
in section 7{C)(2) of this ordinance from occurring on the premises.
(3) Security guards shall be charged with preventing violations of law and enforcing
compliance by patrons of the requirements of these regulations. Security guards 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 as a door person, ticket seller, ticket taker, admittance person, operator, or
sale occupant of the establishment while acting as a security guard.
10. Persons under the aae of 18 years prohibited. It shall be unlawful for any permittee, operator, or
other person in charge of any Adult Business to employ or utilize as an independent contractor any
person who is not at least 18 years of age. It shall be unlawful for any permittee, operator or other
person in charge of any Adult Business to permit to enter, or remain within the Adult Business, any
person who is not at least 18 years of age.
11. Inspection. An applicant or permittee shall permiC 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 anytime it is open for business. A person
who operates an Adult Business or his or her agent or employee is in violation of the provisions of this
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ordinance if he or she refuses to permit such lawful inspection of the premises at any time it is open for
business.
12. Relations nonexclusive. The provisions of this ordinance are not intended to be exclusive, and
compliance with this ordinance shall not excuse noncompliance with any other provision of the Butte
County Code or other ordinances or regulations pertaining to the operation of businesses as adopted by
the Board. The owner and operator of an Adult Business shall comply with all other applicable federal
and state laws and County ordinances and regulations.
13. Time limit for filing application far permit. All persons who currently operate a business defined
as an Adult Business under this ordinance must apply for and obtain an Adult Business Regulatory
Permit within 10 days of the effective date of this ordinance. Failure to do so and continued operation
of an Adult Business, or the continued live performances by Adult Business entertainers in an Adult
Business after such time without a permit, shall constitute a violation of this ordinance.
14. Amortization of nonconformin Adult Business uses. Any use of real property existing on
September lb, 1998 (the effective date of this ordinance), that does not conform to the provisions of this
ordinance, but which was constructed, operated, and maintained in compliance with all previous
ordinances, shall be regarded as a nonconforming use which maybe continued for five years after the
effective date of this ordinance. On or before such date, 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 lot or structure as an Adult Business 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
use.
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A. Time and manner of application. 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
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operated, or by the operator of the use. Such an application must be filed with the County Clerk at least
90 days prior to the time established far termination of such use.
B. Content of application; fees. The application shall be the same as the Adult Business
Regulatory Permit application and it shall state the grounds for requesting an extension of time. The
filing fee far such application shall be in the same amount as the administrative permit fee specified in
Butte County Code section 3-43, subsection 17.
C. Hearing procedure. The hearing and appeal procedure shall be the same as for a permit
revocatian/suspension proceeding. {See sections 7(B) and 8).
D. 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 aze required bylaw:
{1} The applicant has made a substantial investment in the property or structure on or in
which the nonconforming use is conducted; such property or structure cannot be readily converted to
another use; and such investment was made prior to September 16, 199$;
(2) The applicant will be unable to recoup its investment as of the date established for
termination of the use; and
{3) The applicant made good faith efforts to recoup the investment and to relocate the
I use to a location in conformance with this ordinance.
SECTION G. SEVERABILITY. The provisions of this ordinance are severable, and the invalidity,
unenforceability or unconstitutionality of any section, portion or part of this ordinance shall not affect
the validity of the remainder of the ordinance.
j~ SECTIDN 7. EFFECTIVE DATE. Pursuant to Government Cade section 65858 and as supported by ~
a
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c -e , s ety an
~~ this ordinance shall take effect immediately as an urgency measure.
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1 SECTION 8. EFFECTIVE PERIOD. This ordinance shall be of no further force and effect 45 days
2 from the date of its passage, unless the ordinance is extended pursuant to Government Code section
3 65858{a). The Board hereby calls a public hearing to be held an October 27, 1998 at 10:00 a .m. at the
4 Board of Supervisors chambers to consider an extension of this interim ordinance.
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6 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte on the 16'~ day
7 of September, 1998, by the following four-fifths vote:
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9 AYES: Supervisors Beeler, Dolan, Hoax, ,Tosiassen and Chair Davis
10 NOES: None '
11 ABSTAIN: None
12 ABSENT: None
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Attest:
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17 Jo Blacklock
Cl rk of the Board of Su rvisors
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