La Palma Municipal Code Div. 9 Adult Oriented Business Permit

Footnotes:

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State Law reference— Local authority to regulate the time, place, and manner of operation of sexually oriented businesses, Government Code § 65850.4, Penal Code §§ 318.5, 318.6.

(a) The intent of this division is to regulate adult oriented businesses which, because of their very nature, are believed to have many recognized significant secondary effects on the community which include, but are not limited to: depreciated property values and increased vacancies in residential areas in the vicinity of the adult oriented businesses; higher crime rates, noise, debris, or vandalism in the vicinity of adult oriented businesses; and blighting conditions such as low level maintenance of commercial premises and parking lots which thereby have a deleterious effect upon adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the neighborhoods in the vicinity of the adult oriented businesses. It is neither the intent nor effect of this section to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent, nor effect of this section to restrict or deny access by adults to sexually oriented materials or merchandise protected by the first amendment, or to deny access by the distributors or exhibitors of adult oriented business to their intended market.

(b) Nothing in this section is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any City ordinance or any statute of the State of California regarding public nuisances, unlawful exposure, sexual conduct, lewdness, or obscene or harmful matter or the exhibition or public display thereof.

(Ord. No. 2015-01, § 3, 5-5-2015)

(a) The property owner, or authorized agent of the property owner, is eligible to request an adult oriented business permit. A single adult oriented business permit shall suffice for the operation of any single adult oriented business on any particular site or in any particular structure within the City.

(b) The following information is required at the time an adult oriented business permit application is submitted to the Community Development Director:

(1) A completed adult oriented business permit application signed by the property owner or authorized representative.

(2) A nonrefundable deposit and/or fee as set forth by resolution of the City Council.

(3) A letter of justification describing the proposed project and explaining how it will comply with the findings/requirements contained in this chapter.

(4) All other information is required by the City adult oriented business permit information sheet.

(Ord. No. 2015-01, § 3, 5-5-2015)

(a) Determination of completeness. The City Manager shall determine whether the application contains all of the information required by the provisions of this section. If it is determined that the application is not complete, the applicant shall be notified in writing within ten business days of the date of receipt of the application that the application is not complete and the reasons therefor, including any additional information necessary to render the application complete. The applicant shall have 30 calendar days to submit additional information to render the application complete. Failure to do so within the 30-day period shall render the application null and void. Within five business days following the receipt of an amended application or supplemental information, the City Manager shall again determine whether the application is complete in accordance with the procedures set forth above. Evaluation and notification shall occur as provided above until such time as the application is found to be complete. Once the application is found to be complete, the applicant shall be notified within five business days of that fact. All notices required by this chapter shall be deemed given upon the date they are either deposited in the United States mail, or the date upon which personal service of such notice is provided.

(b) Issuance of permit. The City Manager shall issue an adult oriented business permit within 15 calendar days of receipt of a completed application if he or she finds that the application fully complies with the findings/locational and operational requirements contained in Section 44-197. The applicant shall be notified within five business days of the date the City Manager issues the adult oriented business permit in the manner provided above. The decision of the City Manager to issue or deny a permit shall be final. If the City Manager does not issue or deny the permit within 15 calendar days of the date the application is complete pursuant to this chapter, the application shall be deemed issued by operation of law.

(c) Prompt judicial review. Any applicant whose permit has been denied pursuant to this chapter shall be afforded prompt judicial review of that decision as provided by law.

(Ord. No. 2015-01, § 3, 5-5-2015)

No adult oriented business permit may be sold, transferred, or assigned by any permittee or by operation of law, to any other person, group, partnership, corporation, or any other entity. Any such sale, transfer, or assignment or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of the permit and the permit shall be thereafter null and void. An adult oriented business permit held by a corporation or partnership is subject to the same rules of transferability as contained above. Any change in the nature or composition of the adult oriented business from one element of an adult oriented business to another element of an adult oriented business shall also render the permit null and void. An adult oriented business permit shall only be valid for the exact location specified on the permit.

(Ord. No. 2015-01, § 3, 5-5-2015)

(a) Revocation grounds. The City Manager may revoke an adult oriented business permit when he or she discovers that any of the following have occurred:

(1) Any of the findings/operational and locational requirements contained in Article II are violated. A permit shall not be revoked for a violation if the accused can show, by clear and convincing evidence, that he or she did not know, and could not have reasonably learned, that the person on the premises was under the required age.

(2) The application contains incorrect or false information.

(3) The applicant is convicted of any felony or misdemeanor which is classified as a sex or sex-related offense, including, Penal Code §§ 220, 261, 262, 264, 264.1, 265, 266 (including 266(a) through 266(k)), 267, 286.5, 288, 288(a), 289, 647, 647(b), 647(d), and 647.6 or any violation of the City's massage ordinance, or any violation of any other adult oriented business ordinance of any other City, County, or State.

(4) Any person who has been convicted of a sex-related offense including, those offenses listed in subsection (a)(3) as a result of his or her activity on the premises of the adult oriented business.

(5) Any person has engaged in any active obscenity on the premises; or

(6) Any person has engaged in any act of public nudity.

(b) Revocation notice. Upon determining that the grounds for permit revocation exist, the Community Development Director shall furnish written notice of the proposed revocation to the permittee. Such notice shall summarize the principal reasons for the proposed revocation, shall state that the permittee may appeal the decision within 15 calendar days of the posting or the postmark date on the notice. The notice shall be delivered both by posting the notice at the location of the adult oriented business and by sending the same, certified mail, return receipt requested and postage prepaid, to the permittee as the permittee's name and address appear on the permit. Not later than 15 calendar days after the latter of the mailing or posting of the notice, the permittee may file an appeal of the Community Development Director's determination with the City Clerk. The appeal shall state the specific basis for the appeal. If the appeal is filed within 15 calendar days of the mailing or posting of the notice referenced above, the appeal hearing shall be provided as contained in subsection (c).

(c) Hearing on appeal. Upon receipt of a written request for an appeal hearing, the City Manager shall provide the applicant with a list of five potential hearing officers. The applicant shall pick one of the names from the list to act as the hearing officer. The applicant shall have the opportunity, but not the obligation, to pay 50 percent of the cost of the hearing officer. Unless jointly agreed to by the City and the permittee, the hearing officer shall conduct the hearing within 45 days of receipt of the notice of appeal. Written notice of the time, date, and place of the hearing shall be provided to the appellant/permittee no later than 15 calendar days prior to the date of the hearing. At the hearing, the appellant/permittee and the City shall be given the opportunity to present relevant evidence and call witnesses. The hearing officer shall not be bound by the formal rules of evidence in conducting the hearing.

(d) Reapplication after revocation. No person, corporation, partnership, or member thereof or any other entity may obtain an adult oriented business permit for a business for a two-year period once its permit has been revoked.

(e) Maintenance of status quo. The status quo shall be maintained pending conclusion of the revocation hearing. If a judicial action is commenced challenging the revocation, the status quo shall be maintained until such time as a judicial decision is rendered from the court in which the action is filed.

(Ord. No. 2015-01, § 3, 5-5-2015)

(a) Every person, whether acting as an individual owner, employee of the owner, permittee, or operator or employee of the permittee, or whether acting as a mere helper for the owner, permittee, employer, or operator, or whether acting as a participant or worker in any way, who operates or conducts or who participates in the operation of an unpermitted adult oriented business, or who operates an adult oriented business without having within the establishment a valid adult oriented business permit issued by the City shall be guilty of a misdemeanor and shall be punished according to the general penalties described in Section 2-350 (Misdemeanor penalty). Each day the violation continues shall be regarded as a separate offense for which the full penalty may be imposed. Except as expressly provided in this subdivision or the Penal Code, no other violations of the provision of this section shall be criminally prosecuted.

(b) Any establishment operated, conducted, or maintained contrary to the provisions of this chapter is unlawful and a public nuisance, and the City Attorney may commence an action or actions, proceeding or proceedings, for the abatement, removal, and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such adult oriented business and restrain and enjoin any person from operating, conducting, or maintaining such an establishment contrary to the provisions of this chapter.

(Ord. No. 2015-01, § 3, 5-5-2015)