Guadalupe Municipal Code Art. 1 General Provisions

It is the purpose of this chapter to regulate adult oriented businesses in order to promote the health, safety and general welfare of the citizens of the City. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to adult oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.

The City Council finds and determines as follows: On September 10, 1998, the Ninth Circuit issued its opinion in Baby Tam & Co., Inc. v. City of Las Vegas, 154 F. 3d 1097 (1998), holding that adult use business licensing chapters are required to provide for prompt hearing and prompt judicial review for persons whose license or permit applications had been denied. On January 14, 2000, the Ninth Circuit issued its opinion in Baby Tam & Co., Inc. v. City of Las Vegas, No. 99-16809, making further holdings in this regard. The City Council finds that the time allowances in this chapter are the shortest fixed periods compatible with the balancing between sound planning and land use and protection of First Amendment freedoms. The City Council finds that these time frames are reasonable, in that the City is granting or denying an adult use permit within 7 days of the filing of a completed application for such permit. After this filing of an appeal of a decision to grant, conditionally grant, or deny an application, the City Council conducts a public hearing on such appeal and renders a written decision. The City Council takes notice that California Code of Civil Procedure Section 1094.8 was adopted in direct response to Baby Tam I and sets forth an expedited review process for review of permits with any first amendment protections.

(Ord. 2015-439 §1)

For the purpose of this chapter the words and phrases shall have the meanings respectively ascribed to them by Title 18 of the Guadalupe Municipal Code which is adopted concurrently with this section and included herein as though fully set forth at this point by this reference. Additional words and phrases used in this chapter shall have the following meanings:

"Adult oriented business operator" or "operator"

means a person who supervises, manages, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an adult oriented business or the conduct of activities occurring on the premises thereof.

"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 other operator, manager, employee or agent of an adult oriented business.

"Bar"

means any commercial establishment licensed by the State Department of Alcoholic Beverage Control to serve any alcoholic beverages on the premises.

"Figure model"

means any person who for pecuniary compensation, consideration, hire or reward serves as a live human model for the purposes of sexual stimulation of patrons, displays specified anatomical areas (see Title 18) to be observed, sketched, photographed, filmed, painted, sculpted or otherwise depicted by persons paying such compensation or consideration.

"Health officer"

means any duly authorized representative of the City of Guadalupe. "Permittee" means the person to whom an adult oriented business permit is issued.

"Person"

means any individual, partnership, copartnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.

"Police Chief"

means the Chief of Police of the City of Guadalupe or any duly authorized representative thereof.

(Ord. 2015-439 §1)

A. It is unlawful for any person to conduct or operate in the City of Guadalupe, the operation of an adult oriented business unless the person first obtains and continues to maintain in full force and effect a permit from the City of Guadalupe as herein required (adult oriented business regulatory permit).

B. It is unlawful for any persons to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult oriented business unless the person first obtains and continues in full force and effect a permit from the City of Guadalupe as herein required (adult oriented business performer permit).

C. The City's designee shall be the City Manager or any other officer or employee designated by the City Manager to deal with the provisions of this chapter.

(Ord. 2015-439 §1)