Simi Valley Municipal Code Art. 4 Miscellaneous Provisions

All applicants and permittees shall permit the Chief of Police, a representative of the Health Department of the County of Ventura, and the representative of the Fire Protection District to conduct unscheduled inspections of the premises of the sexually oriented business for the purpose of insuring compliance with the law and the development and performance standards applicable to sexually oriented businesses, at any time it is occupied or opened for business. If any operator, applicant, or permittee of a sexually oriented business or his or her agent or employee refuses to permit such lawful inspection of the premises at any time it is occupied or open for business, the business shall be subject to suspension or revocation of the sexually oriented business regulatory permit.

(§ 2, Ord. 932, eff. July 30, 1998)

The provisions of this chapter regulating sexually oriented businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the City Council of the City of Simi Valley.

(§ 2, Ord. 932, eff. July 30, 1998)

Every permittee of a sexually oriented business which provides live entertainment in an adult cabaret or an adult theater shall not allow any person to perform such entertainment who is not in possession of a valid, unrevoked sexually oriented business performer permit. Any such violation shall subject the business to a possible suspension or revocation of the sexually oriented business regulatory permit.

(§ 2, Ord. 932, eff. July 30, 1998)

No person, corporation, partnership or member thereof or any other entity may obtain a sexually oriented business permit for a business once its permit has been revoked.

(§ 2, Ord. 932, eff. July 30, 1998)

The City and its departments, agencies, officers, officials, agents and employees charged with enforcement of State and local law shall be immune from prosecution, both civil and criminal, for all reasonable, good faith trespasses upon the premises of a sexually oriented business while acting within the scope of authority conferred by this chapter.

(§ 2, Ord. 932, eff. July 30, 1998)

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases were declared unconstitutional, invalid, or ineffective.

(§ 2, Ord. 932, eff. July 30, 1998)

The City Council finds that this chapter is enacted in order to mitigate the threat posed to the public peace, health, or safety by sexually oriented businesses. In this regard, the findings set forth in Section 1 of the ordinance codified in this chapter are incorporated herein by reference. This chapter provides for the amendment of existing regulations applicable to sexually oriented businesses and provides for zoning regulations which are specifically applicable to sexually oriented business uses. Such uses are already allowed under the City's existing zoning regulations. Therefore, it can be seen with certainty that there is no possibility that this chapter may have a significant adverse effect on the environment, and therefore the adoption of said ordinance is exempt from CEQA pursuant to Section 15061 (b) (3) of the CEQA guidelines.

(§ 2, Ord. 932, eff. July 30, 1998)