HomeMy WebLinkAboutAgenda Packet 03/27/2001 ®� AGENDA
i$is� g e
ATASCADERO CITY COUNCIL MEETING
TUESDAY,MARCH 27,2001
7:00 P.M.
City of Atascadero
6500 Palma Avenue, 4th Floor
Atascadero, California
REDEVELOPMENTAGENCY: 6:30 P.M.
REGULAR SESSION, 7:00 P.M.
PLEDGE OF ALLEGIANCE: Mayor Arrambide
ROLL CALL: Mayor Arrambide
Mayor Pro Tem Scalise
Council Member Clay
Council Member Johnson
Council Member Luna
APPROVAL OF AGENDA: Roll Call
PRESENTATIONS:
1. Proclamation declaring April 2001, "Month of the Child"
COMMUNITY:FORUM:
(This portion of the meeting is reserved for persons wanting to address the Council on any
matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to
five minutes. Please state your name and address for the record before making your
presentation. The Council may take action to direct the staff to place a matter of business on a
future agenda)
COUNCIL ANNOUNCEMENTS AND REPORTS:
(On their own initiative, Council Members may make a brief announcement or'aa brief report on
their own activities. Council Members may ask a question for clarification, make a referral to
staff or take action to have staff place a matter of business on a future agenda. The Council may
take action on items listed on the Agenda) •
A. CONSENT CALENDAR: Roll Call
(All items on the consent calendar are considered to be routine and non-controversial by,
City staff and will be approved by one motion if no member of the Council or public
wishes to comment or ask questions. If comment or discussion is desired by anyone, the
item will be removed from` the consent calendar and will be considered in the listed
sequence with an opportunity for any member of;the public; to address the Council
concerning the item before action is taken.)
1. City Council Minutes—March 13 2001
■ City Clerk recommendation: Council approve the City Council minutes of March 13,
2001 [City Clerk]
2. Proposed Amendments to Atascadero Municipal Code—Relating to the Regulation and
Location of Adult Oriented Businesses
■ Fiscal Impact: None
■ City Attorney recommendation: Council adopt, on second reading by title only, the
draft Ordinance adding Title 9 Chapter 16 to the Atascadero Municipal Code
pertaining to zoning regulations applicable to adult oriented businesses and
amending in full Title 5, Chapter 10 of the Atascadero Municipal Code relating to the
regulation of adult oriented businesses. [City Attorney]
B. PUBLIC HEARINGS: None
C. MANAGEMENT REPORTS: None
E. COMMITTEE REPORTS:
(The following represent standing committees. Informative status reports will be given,
as felt necessary):
Mayor Arrambide
L S.L.O.'Council of Governments(SLOCOG)/S.L.O. Regional Transit Authority(SLORTA)
2. Water Committees
3. County Mayor's Round Table
Mayor Pro Tem Scalise
1. Finance Committee
2. City/ Schools Committee
3. Economic Opportunity Commission(EOC)
4. Atascadero State Hospital Advisory Board
2
Council Member Luna
1. Finance Committee
2. Integrated Waste Management Authority (IWMA)
3. North County Homeless Coalition
Council Member Johnson
1. Economic Vitality Corporation, Board of Directors (EVC)
2. Local Agency Formation Commissions(LAFCO)
Council Member Clay
I Air Pollution Control District(APCD)
2. City/ Schools Committee
F. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
2. City Attorney
3. City Clerk
4. City Treasurer
G. ADJOURNMENT:
THE NEXT CITY COUNCIL MEETING WILL BE A STRATEGIC PLANNING
WORKSHOP SCHEDULED ON APRIL 7, 2001,AT 8:00 A.M.
Please note: Should anyone challenge-any proposed development entitlement listed on this
Agenda in court, that person may be limited to raising those issues addressed at the public
hearing described in this notice, or in written correspondence delivered to the City Council at or
prior to this public hearing.
I, Marcia McClure Torgerson, the City Clerk,of the City of Atascadero, declare under the
penalty of perjury that the foregoing agenda for the March 27, 2001 Regular,Session of the
Atascadero City Council was posted on March 21, 2001 at Atascadero City Hall, 6500 Palma
Ave., Atascadero, CA 93422 and was available for public review in the City Clerk's office at
that location.
Signed this 21s'day of March; 2001 at Atascadero, California.
Marcia McClure Torgerson,City Clerk
City of Atascadero
3
City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m.,
in the Council Chamber of City Hall. Matters are considered by the Council in the order of the printed
Agenda.
Copies of the staff reports or other documentation relating to each item of business referred to on the
Agenda are on file in the office of the City Clerk(Room 311) available for public inspection during City
Hall business hours. An agenda packet is also available for public review at the Atascadero Library,
6850 Morro Road. Contracts,-Resolutions and Ordinances will be allocated a number once they are
approved by the City Council. The minutes of this meeting will reflect these numbers.
In compliance with the Americans with Disabilities Act,if you need special assistance to participate in
a City meeting or other services offered by this City, please contact the City Manager's Office, (805)
461-5010,or the City Clerk's Office, (805)461-5074. Notification at least 48 hours prior to the meeting
or time when services are needed will assist the City staff in assuring that reasonable arrangements can
be made to provide accessibility to the meeting or service.
TO SPEAK ON AGENDA ITEMS
Members of the audience may speak on any item on the agenda. The Mayor will identify the subject,
staff will give their report, and the Council will ask questions of staff. The Mayor will announce when
the public comment period is open and will request anyone interested to address the Council regarding
the matter being considered to step up to the podium. If you wish to speak for, against or comment in
any way:
• You must approach the podium and be recognized by the Mayor
• Give your name and address(not required)
• Make your statement
• All comments should be made to the Mayor and Council
• All comments limited to 5 minutes(unless changed by the Council)
• No one may speak for a second time until everyone wishing to speak has had an opportunity
to do so, and no one may speak more than twice on any item.
The Mayorwill announce when the public comment period is closed, and thereafter,'no further public
comments will be heard,by the Council.
TO SPEAK ON SUBJECTS NOT LISTED'ON THE AGENDA
Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience
having business with the Council to:
• Please approach the podium and be recognized
• Give your name and address
• State the nature of your business
This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30
minutes will be allowed for Community Forum (unless changed by the Council).
TO HAVE ITEMS PLACED ON AGENDA •
All business matters to appear on the Agenda must be in the Office of the City Manager ten days
preceding the Council meeting. Should you have a matter you wish to bring before the Council, please
mail or bring a written communication to the City Manager's office in City Hall prior to the deadline.
• "MONTH OF THE CHILD"
APRIL 2001
WHEREAS, Saturday, April 7, 2001, will commemorate the 23rd annual "Day of the
Child" celebration during Children's Day in the San Luis Obispo Mission Plaza. A day where
children and families interact with the agencies and programs providing services throughout the
County; and
WHEREAS, in San Luis Obispo County, 61% of the children under 13 years of age have
workingparents and need quality care; and
WHEREAS, quality child care is no longer a fringe benefit but a necessity for working
parents to be productive and happy employees. And local employers need to be champions in
supporting the many challenges facing these working parents and families; and
WHEREAS, the City of Atascadero recognizes that every moment in a child's life is an
opportunity for that child to learn, and that the early years determine whether a child succeeds
in school and in life, and that all children need at least one caring and loving adult in their lives;
and that quality "out of school"programs are also essential for the older child; and
WHEREAS, the activities of this month will provide an opportunity to acknowledge
• quality youth and early childhood programs, their dedicated staff, and to applaud their efforts to
improve the quality, availability, and accessibility of such programs; and
WHEREAS, the San Luis Obispo Child Care Planning Council, the Family Child Care
Association of San Luis Obispo County, the San Luis Obispo Association for the Education of
Young Children, and the County Commission on Children and Youth work cooperatively to
coordinate the events and activities of the Day and Month of the Child; and
WHEREAS, all citizens are encouraged to do what they can at work, at home, and
within the community to assure all children, youth, and families have the opportunity and
support to thrive. And may we remember to listen to and watch the children around us and
remember to have patience and allow them to enjoy the journey of childhood.
NOW THEREFORE, BE IT RESOLVED, by the City of Atascadero, that the City
Council wishes to proclaim April, 2001 as the "Month of the Child", and April 7, 2001 as "Day
of the Child. "
ti
ichael Arrambide, ayor
City ofAtascadero, California
• March 27, 2001
_ 001
I
ITEM NUMBER: A-1
DATE: 03/27/2001
e
DRAFT MINUTES
1918 57-9
ATASCADERO CITY COUNCIL MEETING
TUESDAY, MARCH 13, 2001
7:00 P.M.
City of Atascadero
6500 Palma Avenue, 4th Floor
Atascadero, California
REGULAR SESSION, 7:00 P.M.:
Mayor Arrambide called the meeting to order at 7:00 p.m. and Council Member Luna led the
Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, Johnson, Luna, Scalise and Mayor Arrambide
Absent: None
Others Present: City Clerk Marcia McClure Torgerson
Staff Present: City Manager Wade McKinney, Assistant City Manager Brady Cherry,
Police Lt. John Couch, Acting Fire Chief Kurt Stone, Public Works
Director Steve Kahn, Community Services Manager Geoff English,
Acting Community and Economic Development Director Warren Frace
and City Attorney Roy Hanley.
APPROVAL OF AGENDA:
Mayor Arrambide suggested that Item#C-2 be moved to the Consent Calendar as Item#A-5. He
also announced that Item #13-2 has been pulled from the agenda and will return on a future
agenda.
MOTION: By Council Member Luna and seconded by Council Member Johnson
• to approve the agenda moving Item 4C-2 to A-5. on the Consent
Calendar and pulling Item#B-2.
Motion passed 5:0 by a roll-call vote.
CC 03/13/01 002
Pagel -
PRESENTATIONS:
1. Planning Commissioner Harold Carden, III
Mayor Arrambide resented Hal Carden a plaque in appreciation for his service to Atascadero as •
Y P P q pp I
a Planning Commissioner, Council Member and Mayor.
COMMUNITY FORUM:
Ann Ketcherside, citizen of Atascadero, stated that she feels Mayor Arrambide has broken the
conflict of interest laws and should step down from the Council. She also expressed her concern
for the School District's plans to build a school next to the Atascadero State Hospital. She feels
the City should stop the School District from making this mistake.
Joan O'Keefe, 9985 Old Morro Road East, talked about the numerous sign violations in the City.
In particular, she stated that Bonnema Brewery has been given special treatment, starting during
its construction and continuing to the present, with their continuous sign violations. Ms.
O'Keefe explained in detail in a prepared statement. (Attachment A)
David Jones, 8220 Larga Avenue, expressed his concern with the proposed re-zoning of his
neighborhood to high-density. He suggested the City send notices to all property
owners/residents informing them of the next public hearing for the City's proposed zoning
changes.
Richard Moen, 4200 Portola Road, spoke concerning the proposed changes to the Eagle Creek •
Golf Course / Driving Range. He expressed concern with the proposal and what the owner will
be able to do with the property in the future.
Mayor Arrambide closed the Community Forum.
COUNCIL ANNOUNCEMENTS AND REPORTS: None
A. CONSENT CALENDAR:
1. City Council Minutes—February 27, 2001
■ City Clerk recommendation: Council approve the City Council minutes of February
27, 2001 [City Clerk]
2. Elevator Control System Modernization Project
■ Fiscallmpact: $58,300.00
■ Staff recommendation: Council authorize the City Manager to enter into an
agreement with Republic Elevator Co.for the City Administration Building Elevator
Control System Modernization Project. [Community Services]
•
CC 03/13/01 003
Page 2
I Atascadero Lake Park Paddleboat Concession–Lease assignment
■ Fiscal Impact: None
■ Staff recommendation: Council authorize the City Manager to sign the Consent to
• Assignment with Lloyd Reeves for the Atascadero Lake Park Paddleboat Concession
Lease [Community Services]
4. El Camino Real Widening Project–Bid No. 2000-02
■ Fiscal Impact: $302,727.91
■ Staff recommendation: Council:
1. Accept Souza Construction, Inc. work as complete; and
2. Authorize the Administrative Services Director to appropriate an
additional $60,277.91 from Fund 281 (Street & Bridge Fee) to this
Project account; and
3. Authorize the Contract Change Order #1 with Souza Construction, Inc.for
$83,875.76; and
4. Authorize the Administrative Services Director to release the project
retention of$25,017.58. [Public Works]
5. Atascadero Lake Park Master Plan and Lake Pathway Improvements–Design Services
■ Fiscal Impact: $51,700.00
■ Staff recommendation: Council authorize the City Manager to enter into an
agreement with CJP Productions for design services for the Atascadero Lake Park
Master Plan and Lake Pathway Improvement Project. [Community Services]
MOTION: By Council Member Luna and seconded by Council Member Johnson
to approve the Consent Calendar.
Motion passed 5:0 by a roll-call vote.
(#A-2- Contract No. 2001-006, #A-5- Contract No. 2001-007)
B. PUBLIC HEARINGS:
1. 2001 Community Development Block Grant Allocation
■ Fiscal Impact: The City has $257,162 funds available for award
■ Staff recommendation: Council direct staff to forward to the County Board of
Supervisors allocation recommendations for the 2001 Community Development Block
Grant (CDBG)funds as recommended in staff report. [Public Works]
Public Works Director Steve Kahn gave the staff report and asked City Manager Wade
McKinney to present information concerning the homeless issue. Mr. McKinney stated that the
Homeless situation is a very sensitive and difficult issue. He recommended the City award a
$20,000 block grant to the El Camino Homeless Organization (ECHO) to be used for the Motel
Voucher Program, office startup equipment, filing fees for the Conditional Use Permit, and other
ancillary fees to get the project underway. Mr. McKinney explained that staff has concerns
about individual homeless shelters—the costs involved and the difficulty of locating a facility in
area neighborhoods, both business and residential. He stated the motel voucher programs that
are in place by a variety of organizations today have been working, are more beneficial than
owning and maintaining a building for a shelter, and the motel system has been shown to provide
• services at a higher level than in a shelter facility. Mr. McKinney said that by allocating these
CDBG funds to ECHO, the City will be able to benefit the homeless population in a real way in
CC 03/13/01 004
Page 3
Atascadero. Mr. Kahn distributed to the Council a revised recommendation list (see Attachment
B). Mr. Kahn and Mr. McKinney then answered questions of the Council.
PUBLIC COMMENT •
Jackie Sebrow, 2460 Ardilla Road, SLO Housing Consortium, stated that the voucher program is
a bandaid, not a solution. She explained that a shelter with a counselor available is the solution;
this would provide the homeless with the type of case management that would teach them the
skills to find and maintain permanent housing.
Pearl Munak, Paso Robles, President of the Homeless Housing Project, explained they had
requested $24,000 in CDBG funds for the motel voucher program, and staff has recommended
the Council approve $7,500. She stated she now understands that staff has changed its
recommendation. She asked that the Council increase the funding to $17,500 for the motel
voucher program of the Homeless Housing Project.
J.D. Main, 9340 Maduro Lane, Homeless Housing Project, gave the following figures on the
homeless issue: from March 1St to March 12th the Homeless Housing Project placed 150 people
in motels at a cost of$6,551.07, the first week of the rain/floods from February 27th to March 51n
70 people were placed in motels at a cost of over $3,000. During the month of February, they
placed 39 people into motels at a cost of $2,717.61. The motel voucher program of the
Homeless Housing Project provides 90% of the motel vouchers in the North County. Mr. Main
feels that the voucher program is only an interim solution, however, it is the only program
available and funding is needed. The County is not going to recommend any more CDBG funds
for the Homeless Housing Project, which will take away a large portion of their funding for the
motel voucher program. Mr. Main stated that the ultimate solution is a shelter supported by all •
communities in the North County.
Ray Belgans, 7460 Ensinal, President of the National Alliance for the Mentally Ill of San Luis
Obispo, stated that most of the homeless are mentally ill. She asked this community to address
the medical problems of the people on the street, especially those of the mentally ill, in addition
to providing shelters. Additionally, as a member of the San Luis Obispo Supportive Housing
Consortium, she stated that they are supporting the Women's Shelter remodel and encourage the
Council to continue supporting it as well.
Eileen Allan, North County Women's Shelter and Resource Center, thanked staff for their
recommendation of approval of their request. She announced the Resource Center has recently
opened a shelter in Paso Robles.
Anita Hoag, EOC Head Start, asked the Council to approve staff s recommendation to fund their
request.
Joan O'Keefe, 9985 Old Morro Road East, stated she is surprised by the change in staffs
recommendation concerning the homeless issue. She urged the Council to focus their support on
one primary provider of services for the homeless.
Dwayne Homm, 10175 San Guerremo, representative of ECHO, stated that he feels all the
homeless organizations should work together. He thanked the Council for their support.
Mora Hue, EOC Health Services, thanked the Council for their support. •
CC 03/13/01 005
Page 4
Mayor Arrambide closed Public Comment.
MOTION: By Council Member Scalise and seconded by Council Member Clay to
accept the revised recommendation as presented by staff(Attachment
B).
Motion passed 5:0 by a roll-call vote.
2. Proposed Amendments to Atascadero Municipal Code — Relating to the Regulation and
Location of Adult Oriented Businesses
■ Fiscal Impact: None
■ City Attorney recommendation: Council introduce for first reading by title only, the
draft Ordinance adding Title 9 Chapter 16 to the Atascadero Municipal Code
pertaining to zoning regulations applicable to adult oriented businesses and
amending in fill Title 5, Chapter 10 of the Atascadero Municipal Code relating to the
regulation of adult oriented businesses. [City Attorney]
City Attorney Roy Hanley gave the report to Council. He explained the limitations of the
existing ordinance and the advantages of the proposed ordinance. Onpage 10 of the ordinance
there is an amendment, which returns to the 1996 position on the hearing procedure as follows:
The City Manager, upon the application, to set the matter for hearing by the Planning
Commission within a reasonable time. The regular time frames of Atascadero's Municipal Code
and the State law would apply after that. In order to get an extension, the applicant would have
to show that they have made a substantial investment, that the structure cannot be readily
converted to another use, that the investment was made prior to the effective date of the
ordinance (1996 ordinance), that the applicant is unable to recoup the investment and that the
• applicant has made good faith efforts to recoup the investment. Mr. Hanley asked that the
Council have the Planning Commission hear any application first with an appeal directly to the
City Council.
PUBLIC COMMENT
John Bradley, 4475 San Jacinto, stated that it is poor law that allows this type of business in any
city. He expressed concern that when the adult bookstore moves, it could move close to his
house.
Regina Foster, stated she recently heard they sell drugs in the adult bookstore and feels that this
should be investigated and proved if possible.
Mayor Arrambide closed Public Comment.
Council Member Johnson stated a weak ordinance or one that is thrown out, will allow such
businesses to locate anywhere in the City. For this reason it is important to have as bullet proof
an ordinance as possible.
Mayor Arrambide stated a concern that the rezoning could be subject to change in the future.
Regarding public notification, Mayor Arrambide indicated that it is sometimes difficult to notify
everyone, however notices are posted at City Hall, in the Library and in the newspaper.
• Council Member Clay commended Mr. Hanley on his efforts. He has concerns that if the area
zoned for adult businesses is too small, the entire ordinance could be thrown out.
CC 03/13/01 006
Page 5
Mayor Pro Tem Scalise said that she concurs with Council Member Johnson. She stressed that
cooperation and communication is important and with good faith efforts on all sides this issue
can be moved forward in a timely and lawful way.
Council Member Luna pointed out that the Supreme Court is the arbiter of how laws will be
interpreted, and it is the City's responsibility to work within these laws and interpretations. This
is a tough issue and he feels it is prudent to follow the advice of the City Attorney.
MOTION: By Council Member Johnson and seconded by Council Member Luna
to introduce, for first reading by title only, the draft ordinance adding
Title 9, Chapter 16.
Motion passed 5:0 by a roll-call vote.
C. MANAGEMENT REPORTS:
1. Solid Waste, Green Waste and Recycle Collection
■ Fiscal Impact: None
■ Staff recommendation: Council receive this report by Atascadero Waste Alternatives.
[Public Works]
Public Works Director Steve Kahn gave the staff report and answered questions of Council.
PUBLIC COMMENT
Doug Shafer, 8085 Curbaril, suggested having a drop-off site for green waste. •
Mayor Arrambide closed Public Comment.
MOTION: By Council Member Luna and seconded by Council Member Johnson
to receive the report by Atascadero Waste Alternatives.
Motion passed 5:0 by a voice vote.
2. Information Bulletin
E. COMMITTEE REPORTS:
Mayor Arrambide
S.L.O. Council of Governments(SLOCOG)/S.L.O. Regional Transit Authority(SLORTA):
SLORTA hired a new director at their last meeting.
Mayor Pro Tem Scalise
Atascadero State Hospital: Mayor Pro Tem Scalise participated in a tour of the hospital.
Council Member Luna
Integrated Waste Management Authority (IWMA): meets tomorrow. •
CC 03/13/01 007
Page 6
Council Member Johnson
Economic Vitality Corporation, Board of Directors (EVC): Council Member Johnson shared his
recent visit to Japan through the EVC.
• Local Agency Formation Commissions (LAFCO): LAFCO is going through the process of
becoming an independent agency funded by Counties, Cities, and special districts.
F. INDIVIDUAL DETERMINATION AND/OR ACTION:
Council Member Johnson commended Mr. Hanley on his report.
G. ADJOURNMENT:
Mayor Arrambide adjourned the meeting at 9:12 p.m. to the next regular session on March 27,
2001, at 7:00 p.m.
MEETING RECORDED AND MINUTES PREPARED BY:
Marcia McClure Torgerson, City Clerk
Attachment A—Prepared statement of Joan O'Keefe
Attachment B—2001 Community Development Block Grant Recommendations
•
CC 03/13/01 ®®
Page 7
Attachment: A
Atascadero City Counci
March 13, 2001
Mayor and C. C Members 3-13-01
As you all well know there are man violations of our cit sign ordinance. Some •
Y Y Y g
are more egregious than others. Bonnema Brewery is one the more flagrant abusers.
Mr. Bonnema has been treated very well by the city. He is the recipient of a
$70,000 low interest loan from the city's revolving CDBG loan fund. The loan was for
two years and was renewed for an additional two years when he was unable to repay the
amount.
Mr. Bonnema received further help from the city when he was not required to put
his utility lines underground. All other new developments have to underground their
utilities.
Mr. Bonnema did not have to pay his development fees until after his building
was finaled. All other builders have to pay their fees upfront. To my knowledge he
never had to pay any interest to the city for carrying these development fees for him.
From the day Mr. Bonnema opened his doors he has flaunted the sign ordinance.
For over a year he had a sandwich sign in front of his building advertising outdoor Bar-B-
Q. After he received the okay from the health department allowing him to cook in doors
I complained to code enforcement. It took about two months and the well weathered sign
was removed.
From that point on Mr. Bonnema has repeatedly put u a number of banner signs.
•
P YP P g
I have made numerous complaints. Staff has to contact him numerous times before he
complies. My last complaint was filed 1-26-01 regarding three banner signs, plastered on
the front of his building. The signs had already been up over a month before I
complained. Staff has contacted him and they are still up.
Our sign ordinance is very clear about banner signs. They are for a temporary
event such as a grand opening, a new service etc. One sign per public street frontage.
The sign may be in place for a maximum of 20 days and may not be up more than once
every 60 days.
Further Mr. Bonnema has a permanent neon sign, Brewery and Steak House that
was never approved by city staff. All permanent signs require prior approval by city
staff.
Granted Mr. Bonnema is not the only business to violate the banner sign
ordinance but he has as I've said been more flagrant and persistent. He has also been the
beneficiary of more city benefits. Drive up and down ECR and Morro Rd and there are
dozens of banner signs. Kragens has had a banner sign on their back wall facing Hwy 101
for months and they've refused to take it down. Mansard roofs are a favorite place for
banner signs.
•
009
I am not here to complain about staff. It takes a lot of their time that could be put
to better use. These businesses are breaking the law, they are disrespectful of the cites
attempts to provide an atmosphere conducive to all business. It's clear that there are no
teeth in the ordinance and there is no incentive to remove the signs. On the rare occasion
when they do come down they're back up.
Another temporary sign violation is the long term use of sandwich signs. One of
the Business Beautiful Awards from the Chamber went to a business that has had a
sandwich sign up for over a year. Across the street a similar business has had faded
sandwich sign out for years. I would urge the Chamber to become informed of our cities
ordinances and not give award where a business is in violation of city laws.
ECR and Morro Rd have been identified as important community image
corridors. Signs are a part of that image. Signs can enhance the image or signs can
degrade the image. The proliferation of banner signs and sandwich is degrading that
image.
•
010
Attachment: B
Atascadero City Council
March 13, 2001
mm 0 0 O O O O O O N NM-10 ,� O
O O 0 CD € O O O O tet' O d- O t�,
O O O O V7 O O qt 00 O\ O M
N01N NNS
1110n M w
F m
CL
� mw�r `tea
UC13
OMRCL
O03
10-0 o o U :
ZrA
M gm
.
W M oCz,
CA
=RVC
Wam >
prn
o p
H
app C13 M p
O '
NN
CISp a U '> '> '> p
Q
O CX
Cn
f-T.
cisN U NZE
Cz
a� o
Q U I :3 I* I " o
4-4
IR Z11 tit.
X.4 ct
Ni
Z W U cam €< W U W W U U U W ; U
•
Oil
ITEM NUMBER: A-2
DATE: 03/27/2001
X3 ' p 1079
Atascadero City Council
City Attorney Report
Proposed Amendments to Atascadero Municipal Code Relating to the
Regulation and Location of Adult Oriented Businesses
RECOMMENDATION:
City Council adopt, on second reading by title only, the draft Ordinance adding Title 9 of
Chapter 16 to the City of Atascadero Municipal Code pertaining to zoning regulations applicable
to adult oriented businesses and amending, in full, Title 5 Chapter 10 of the Atascadero
Municipal Code relating to the regulation of adult oriented businesses.
i DISCUSSION:
Background: This matter came before the City Council for first reading on March 13, 2001.
The Council introduced for first reading, as amended concerning the procedure for hearing
applications for an extension of time for legal non-conforming uses to operate. This Ordinance
contains those changes made at the City Council meeting, and is here for adoption on second
reading. Any further changes would require a second reading, and thereby delay implementation
of the Ordinance. The City Attorney does not recommend any changes. Staff has given notice of
this public hearing to counsel for the only known legal adult oriented business in the City.
FISCAL IMPACT:
Staff has not identified any fiscal impact from this proposal.
ALTERNATIVES:
The City must address this issue as there have been many changes to the law since April of 1996.
• ATTACHMENTS: Proposed Map, Proposed Ordinance
012
wes
�•Pil a—&1
OZ
WWI1�1��
m Ira
014
rr- '�`�� ��� __-mac` ��• ,�
tot
74
son
now
Nv
`•�.�\ ,�
ri•u :�.' i �l♦/I a Ilii' ����`, 1/ 1
'R. . 1\I♦. -I..CJS♦':.. IIIII'UI �\
-1`� ��.�� __ ��.•,: i, �♦yam �♦ _AN
I'..+_....•.a�..�t,'0�', �1v -t♦1���11 `'��
,�,� '�` a..�_'•i���� ♦moi♦�... .'1���a!'' �`�a♦��I�f I��.��\ ;-\�1�0�
�/ :1 .� �It ♦� .V� r►b��A� ✓s�." moi/
AIM
LAW
/�,h��� • ♦:\'� ►��+♦ F WN
, sir►�,> `II
All
o ilrw ���.•�u\ r'1�� \ ��` �' �l TSI. ♦�Adfi.
,�,� �,�� Q .v1 ``�I'\ .dill•_�'+��/ /T� S ► , „�
!�-•I\\�,'�(� �� '��Ij�//jam ���,� ��: a ������//f���/ a/.
da
am
lot
MROW ME
10
hN
M, INN
PAWN
...« ♦�
ItsjF
IMVA wlAk-
��/�1��•.��,rr2`i-i�►�A� ���I������`i� .�������%•�-�♦
.,�.4,f IW
� _� Vii, ♦ �.►� _.\ ♦I'� •�
Iii ♦ _w `�;�. >•� ♦� �♦�
DRAFT ORDINANCE
•
AN ORDINANCE ADDING TITLE 9 CHAPTER 16 TO THE
CITY OF ATASCADERO MUNICIPAL CODE
PERTAINING TO ZONING REGULATIONS APPLICABLE TO
ADULT-ORIENTED BUSINESSES AND ADDING TITLE 5 CHAPTER 10
OF THE ATASCADERO MUNICIPAL CODE RELATING TO
REGULATION OF ADULT ORIENTED BUSINESSES.
The Council of the City of Atascadero does ordain as follows:
SECTION 1. FINDINGS. The City Council of the City of Atascadero hereby finds
that:
(a) The City Council, in adopting this ordinance, takes legislative notice of the
existence and content of the following studies concerning the adverse secondary side effects of
Adult Oriented Businesses in other cities: Garden Grove, California (1991); Tucson, Arizona
(1990); Seattle, Washington(1989); Austin, Texas (1986); Oklahoma City, Oklahoma (1986);
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). The City Council finds that
• these studies are relevant to the problems addressed by the City in enacting this ordinance to
regulate the adverse secondary side effects of Adult Oriented Businesses, and more specifically
finds that these studies provide convincing evidence that:
(1) Adult Oriented Businesses are linked to increases in the crime rates in
those areas in which they are located and in surrounding areas.
(2) The proximity of Adult Oriented Businesses to sensitive land uses tends to
result in the blighting and deterioration of the areas in which they are located.
(3) The proximity and concentration of Adult Oriented Businesses adjacent to
other commercial and tourist-oriented uses can cause other businesses and uses to move
elsewhere.
(4) There is substantial evidence that an increase in crime tends to
accompany, concentrate around, and be aggravated by Adult Oriented 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 Oriented Businesses which are not regulated as to permissible locations
often have a deleterious effect on 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 City Council of the City of Atascadero finds and
determines that special regulation of Adult Oriented Businesses is necessary to ensure that their
• adverse secondary side effects will not contribute to an increase in crime rates or to the blighting
1
014
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 Oriented Businesses have serious
objectionable operational characteristics. It is the purpose and intent of these special regulations
to prevent the concentration of Adult Oriented Businesses and thereby prevent such adverse
secondary side effects.
(c) The locational requirements established by this ordinance do not unreasonably
restrict the establishment or operation of constitutionally protected Adult Oriented Businesses in
the City of Atascadero, and a sufficient reasonable number of appropriate locations for Adult
Oriented Businesses are provided by this ordinance. The City Council finds, in part based upon
its understanding of documents and judicial decisions available to the public, that the City
Council, in adopting operational standards, recognizes that these standards do not preclude
reasonable alternative avenues of communication. The City Council takes note of the
proliferation of adult material on the internet and its availability as an alternative avenue of
communication. The City Council also takes note that internet access is available at nearby
public libraries and at coffee shops. The City Council also considers and relies on published
decisions examining the proliferation of communications on the internet. (Reno v. American
Civil Liberties Union, 521 U.S. 844, 117 S.Ct. 2329, 138 L.Ed.2.d 874 (1997) [the principle
channel through which many Americans now transmit and receive sexually explicit
communication is the internet]; Anheuser-Busch v. Schmoke, 101 F. 3d 325, 329 (4th Cir. 1996)
cert, denied 520 U.S. 1204 (1997) [the Fourth Circuit rejected a First Amendment challenge to a
Baltimore ordinance restricting alcohol advertisements on billboards acknowledging that the
internet is one available channel of communication]; U.S. v. Hockings, 129 F.3d 1069 (9th Cir.
1997); see also U.S. v. Thomas, 74 F.3d 701 (6th Cir. 1996) cert. Denied 519 U.S. 820 •
[recognizing the internet as a medium for transmission of sexually explicit material in the context
of obscenity prosecutions].) The emergence of the internet brings with it a virtually unlimited
additional source of adult oriented sexual materials available to interested persons in every
community with a mere keystroke. An adult business no longer has to be "actually" physically
located in a city to be available in the community.
(d) In developing this ordinance, the City Council has been mindful of legal
principles relating to regulation of Adult Oriented 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 Oriented Businesses. The City
Council has considered decisions of the United States Supreme Court regarding local regulation
of Adult Oriented 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 9th Circuit
decisions, including but not limited to: Topanga Press, et al. v. City of Los Angeles, 989 F.2d
1524 (1993); several California cases including but not limited to: City of National City v.
Wiener, 3 Cal. 4th 832 (1993); People v. Superior Court (Lucero) 49 Cal. 3d 14 (1989); and
City of Vallejo v. Adult Books, et al., 167 Cal. App. 3d 1169 (1985); and other federal cases
including Lakeland Lounge v. City of Jacksonville (5th Cir. 1992) 973 F. 2d 1255, Hang On,
Inc. v. Arlington (5th Cir. 1995) 65 F. 3d 1248, Mitchell v. Commission on Adult •
2
015
Entertainment (3rd Cir. 1993) 10 F. 3d 123, International Eateries v. Broward County (11th
• Cir. 1991) 941 F. 2d 1157, and Star Satellite v. City of Biloxi (5th Cir. 1986) 779 F. 2d 1074.
(e) The City Council of the City of Atascadero also finds that locational criteria alone
do not adequately protect the health, safety, and general welfare of the citizens of the City of
Atascadero, and thus certain requirements with respect to the ownership and operation of Adult
Oriented Businesses 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 City Council also takes legislative notice of
the facts recited in the case of Key. Inc. v. Kitsap County, 793 F. 2d 1053 (1986), regarding
how live adult entertainment results in secondary effects such as prostitution, drug dealing, and
other law enforcement problems.
(f) The City Council finds the following, in part based upon its understanding of the
documents and judicial decisions in the public record:
(1) Evidence indicates that some dancers, models and performers, and other
persons who publicly perform specified sexual activities or publicly display specified anatomical
parts in Adult Oriented Businesses (collectively referred to as 'performers') have been found to
engage in sexual activities with patrons of Adult Oriented Businesses on the site of the Adult
Oriented Business;
(2) Evidence has demonstrated that performers employed by Adult Oriented
• 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 Oriented Businesses have been
found to engage in acts of prostitution 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 unlawfiil sexual activity;
(5) As a result of the above, and the increase in incidents of AIDS and
Hepatitis B, which are both sexually transmitted diseases, the City has a substantial interest in
adopting regulations which will reduce, to the greatest extent possible, the possibility for the
occurrence of prostitution and casual sex acts at Adult Oriented Businesses.
(g) Zoning, licensing and other police power regulations are legitimate, reasonable
means of accountability to help protect the quality of life in the community of Atascadero and to
help assure that all operators of Adult Oriented Businesses comply with reasonable regulations
and are located in places that minimize the adverse secondary effects which naturally accompany
the operation of such businesses.
(h) The City Council of the City of Atascadero recognizes the possible harmful
• effects on children and minors exposed to the effects of such Adult Oriented Businesses and the
3
016
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; and the city Council
desires to minimize and control the adverse secondary side effects associated with the operation
of Adult Oriented Businesses and thereby protect the health, safety, and welfare of the citizens
of Atascadero; 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.
(i) It is not the intent of the City Council of the City of Atascadero in enacting this
ordinance, or any provision thereof, to condone or legitimize the distribution of obscene
material, and the City of Atascadero recognizes that state law prohibits the distribution of the
obscene materials and expects and encourages law enforcement officials to enforce state
obscenity statutes against such illegal activities in the City of Atascadero.
0) Nothing in this ordinance 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 or
indecent exposure, sexual conduct, lewdness, obscene or harmful matter or the exhibition or
public display thereof.
(k) In prohibiting public nudity in Adult Oriented Businesses, the City Council does
not intend to proscribe the communication of erotic messages or any other communicative •
element or activity, but rather only to prohibit public nudity due to the secondary impacts
associated with such public nudity; and
(1) The City Council also finds, as a wholly independent basis, that it has a
substantial public interest in preserving societal order and morality, and that such interest is
furthered by a prohibition on public nudity; and
(m) While the City Council desires to protect the rights conferred by the United States
Constitution to Adult Oriented Businesses, it does so in a manner that ensures the continued and
orderly development of property within the City and diminishes, to the greatest extend feasible,
those undesirable secondary effects which the aforementioned studies have shown to be
associated with the development and operation of Adult Oriented Businesses; and
(n) In enacting a nudity limitation, the City declares that the limitation is a regulatory
licensing provision and not a criminal offense. The City has not provided a criminal penalty for
a violation of the nudity limitation. The City adopts such a limitation only as a condition of
issuance and maintenance of an Adult Oriented Business permit issued pursuant to the City
Code; and
(o) The City Council finds that preventing the exchange of money between
performers and patrons also reduces the likelihood of drug and sex transactions occurring in
Adult Oriented Businesses; and •
4
017
• (p) Requiring separations between performers and patrons reduces the likelihood that
such persons will negotiate narcotics sales and/or transact sexual favors within the Adult
Oriented Business.
(q) Enclosed or concealed booths and dimly-lit areas within Adult Oriented
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
Oriented Businesses, and to facilitate the inspection of the interior of the premises thereof by
law enforcement personnel.
(r) The City Council enacted a comprehensive sexually oriented business ordinance
in 1996. The effective date of that ordinance was April 11,1996. That ordinance allowed uses of
real property existing on or before its effective date to be regarded as a non-conforming use and
were allowed to continue until April 11,2001. This ordinance shall not be interpreted to extend
the time of allowed continuance beyond that date unless an extension is granted pursuant to Title
9 Chapter 16.105 below, except for the purpose of applying for an extension of time as
hereinafter provided.
SECTION 2. AMENDMENT OF CODE. Chapter 16 entitled "Adult Oriented
Businesses" is hereby added to Title 9 of the Atascadero Municipal Code to read as follows:
ARTICLE 9.16. ADULT ORIENTED BUSINESSES.
SEC. 9.16.101. PURPOSE.
It is the intent of this article to prevent community wide adverse economic impacts, increased
crime, decreased property values, and the deterioration of neighborhoods which can be brought
about by the concentration of Adult Oriented Businesses in close proximity to each other or
proximity to other incompatible uses such as schools for minors, churches, and residentially
zoned districts or uses. The City Council finds that it has been demonstrated in various
communities, which demonstrations the City Council finds are relevant to the City of
Atascadero, that the concentration of Adult Oriented Businesses causes and increase in the
number of transients in the area, and an increase in crime, and in addition to the effects
described above can cause other businesses and residents to move elsewhere. It is, therefore, the
purpose of this article to establish reasonable and uniform regulations to prevent the
concentration of Adult Oriented Businesses or their close proximity to incompatible uses, while
permitting the location of Adult Oriented Businesses in certain areas.
SEC. 9.16.102. DEFINITIONS.
(a) Establishment of an Adult Oriented Business. As used herein, to "establish"
an Adult Oriented Business shall mean and include any of the following:
•
5
018
(1) The opening or commencement of any Adult Oriented Business as a new
business; •
(2) The conversion of an existing business, whether or not an Adult Oriented
Business; to any Adult Oriented Business defined herein;
(3) The addition of any of the Adult Oriented Businesses defined herein to
any other existing Adult Oriented Business; or
(4) The relocation of any such Adult Oriented Business.
(b) Specified anatomical areas. As used herein, "specified anatomical areas"
shall mean and include any of the following:
(1) Less than completely and opaquely covered , and/or simulated to be
reasonably anatomically correct, even if completely and opaquely
covered: (i) human genitals or pubic region; (ii) buttocks anus; 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;
(c) Specified sexual activities. As used herein, "specified sexual activities"
shall mean and include any of the following:
(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;
(4) Excretory functions as part of or in connection with any of the other
activities described in subdivision (1) through(3) of this subsection.
(d) Adult arcade. "Adult Arcade" shall mean a business establishment to
which the public is permitted or invited and where coin, card or slug operated or electronically,
electrically or mechanically controlled devices, still or motion picture machines, projectors,
videos, holograms, virtual reality devices or other image-producing devices are maintained to
show images on a regular or substantial basis, where the images so displayed are distinguished or
characterized by an emphasis on matter depicting or describing "specified sexual activities" or
"specified anatomical areas." Such devices shall be referred to as "adult arcade devices."
(e) Adult Retail Store. The term "adult retail store" is a business establishment
having as a regular and substantial portion of its stock in trade, "adult •
6
019
oriented material."
• (f) Adult Booth/Individual Viewing Area. The term "adult booth/individual
viewing area" shall mean a partitioned or partially enclosed portion of an
adult business used for any of the following purposes: (1) Where a live or
taped performance is presented or viewed, where the performances and/or
images are distinguished or characterized by their emphasis on matter
depicting, describing, or relating to "specified sexual activites" or
"specified anatomical areas"; (2) Wher "adult arcade devices" are located.
(g) Adult Business. The term "adult business" shall mean (1) A business
establishment or concern that as a regular and substantial course of
conduct operates as an adult retail store, adult motion picture theater, adult
arcade, adult cabaret, adult motel or hotel, adult modeling studio: or (2) A
business establishment or concern which as a regular and substantial
course of conduct offers, sells or distributes "adult oriented material" or
"sexually oriented merchandise," or which offers to its patrons materials,
products, merchandise, services or entertainment characterized by an
emphasis on matters depicting, describing, or relating to "specified sexual
activities" or specified anatomical areas" but not including those uses or
activities which are preempted by State law.
(h) Adult Cabaret. "Adult cabaret" shall mean a business establishment (whether
or not serving alcoholic beverages) that features "adult live
• entertainment."
(i) Adult Hotel/Motel. "Adult hotel/motel" shall mean a "hotel" or "motel" as
defined in the Municipal Code tht is used for presenting on a regular an
substantial basis images through closed circuit television, cable television, still or
motion picture machines, projectors, videos, holograms, virtual reality devices or
other image-producing devices that are distinguished or characterized by the
emphasis on matter depicting or describing or relating to "specified sexual
activities" or"specified anatomical areas."
(j) Adult Live Entertainment. "Adult live entertainment" shall mean any physical
human body activity, whether performed or engaged in, alone or with other
persons, including but not limited to singing, walking, speaking, dancing, acting,
posing, simulating, wrestling or pantomiming, win which: (1) the performer
(including but not limited to a topless and or bottomless dancer, go-go dancers,
exotic dancers, strippers, or similar performers) exposes to public view, without
opaque covering, "specified anatomical areas"; and/or (2) the performance or
physical human body activity depicts, describes, or relates to "specified sexual
activities" whether or not the specified anatomical areas are covered.
(k) Adult Modeling Studio. "Adult modeling studio" shall mean a business
establishment which provides for any form of consideration, the services of a live
human model, who, for the purposes of sexual stimulation of patrons, displays
7
020
"specified anatomical areas" to be observed, sketched, photographed, filmed,
painted, sculpted, or otherwise depicted by persons paying for such consideration. •
"Adult modeling studio" does not include schools maintained pursuant to
standards set by the Board of Education of the State of California.
(1) Adult Motion Picture Theater. "Adult motion picture theater" shall mean a business
establishment, with or without a stage or proscenium, where, on a regular and
substantial basis and for any form of consideration, material is presented through
films, motion pictures, video cassettes, slides, laser disks, holograms, virtual
reality devices, or similar electronically generated reproductions that is
characterized by the depiction or description of "specified sexual activities" or
"specified anatomical areas."
(m) Adult Oriented Material. "Adult oriented material" shall mean accessories,
paraphernalia, books, magazines, laser disks, compact discs, digital video disks,
photographs, prints, drawings, paintings, motion pictures, pamphlets, videos,
slides, tapes, holograms or electronically generated images or devices including
computer software, or any combination thereof that is distinguished or
characterized by its emphasis on matter depicting, describing or relating to
"specified sexual activities" or "specified anatomical." "Adult oriented material"
shall include sexually oriented merchandise.
SEC. 9.16.103. LOCATION REQUIREMENTS.
(a) Except as specified in (b) below, no Adult Oriented Business shall be established •
or located in any zone in the City.
(b) Adult oriented business uses shall be permitted in the CR (Commercial Retail),
CS (Commercial Services), IP (Industrial Park) and I (Industrial) zoning districts
provided the subject site is at least One Thousand (1,000) feet from the property
line of the school, church, library or park site that existed on January 1, 2001, and
as shown on Exhibit"A."
SEC. 9.16.104. AMORTIZATION OF NONCONFORMING ADULT ORIENTED
USES.
Any use of real property existing on or before April 111996 which did not conform to the
provisions of Section9.16.103, but which was constructed, operated, and maintained in
compliance with all previous regulations, shall be regarded as a nonconforming use which may
be continued until April 11, 2001. On or before such date, all such nonconforming uses shall be
terminated unless an extension of time has been approved by the hearing officer in accordance
with the provisions of Section 9.16.105.
(a) Abandonment. Notwithstanding the above, any discontinuance or abandonment of the
use of any lot or structure as an Adult Oriented Business shall result in a loss of legal
nonconforming status of such use. •
8
021x.
• (b) Amortization -- annexed property. Any Adult Oriented Business which was a legal use at
the time of annexation of the property and which is located in the City, butwhich does not
conform to the provisions of Section 9.16.103 shall be terminated within one (1) year of
the date of annexation unless an extension of time has been approved in accordance with
the by provisions of Section 9.16.105.
SEC. 9.16.105. EXTENSION OF TIME FOR TERMINATION OF
NONCONFORMING USE
The owner or operator of a nonconforming use as described in Section 9.16.104 may apply under
the provisions of this section to for an extension of time within which to terminate the
nonconforming use.
(a) Time and manner of application. An application for an extension of time within which to
terminate a use made nonconforming by the provisions of Section 9.16.103, 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 City Clerk at least thirty (30) days
but no more than one hundred eighty (180) days prior to the time established in Section
9.16.104 for termination of such use or within sixty (60) days of the effective date of this
ordinance, whichever date is the last to occur.
• (b) Content of application; fees. The application shall state the grounds for requesting an
extension of time. The filing fee for such application shall be the same as that for a
variance as is set forth in the schedule of fees established by resolution from time to time
by the City Council.
(c) Hearing Procedure. The City Manager or his/her designee shall set the matter for
hearing by the Planning Commission within a reasonable time. Pending a final
determination on the application, the applicant may continue to operate, but such right
does not excuse compliance with regulatory provisions of the Atascadero Municipal
Code. All parties involved shall have the right to offer testimonial, documentary and
tangible evidence bearing on the issues; may be represented by counsel. 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. The
decision of the Planning Commission may be appealed to the City Council, any decision
of the City Council shall be final and subject to judicial review pursuant to Code of Civil
Procedure section 1094.8.
(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, not to
exceed two years, and shall be approved only if the Planning Commission makes all of
the following findings or such other findings as are required by law.
•
9
L��' b
(1) The applicant has made a substantial investment (including but not limited to
lease obligations) 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 _the effective date of this
ordinance;
(2) The applicant will be unable to recoup said investment as of the date established
for termination of the use; and
(3) The applicant has made good faith efforts to recoup the investment and to relocate
the use to a location in conformance with Section 9.16.103.
SECTION 3. AMENDMENT OF CODE. Title 5 Chapter 10 of the Municipal Code
is hereby appealed and amended to read in its entirety as follows:
CHAPTER 10. ADULT ORIENTED BUSINESSES
ARTICLE 1. GENERAL PROVISIONS
SEC. 5.10.100.101. LEGISLATIVE PURPOSE.
It is the purpose of this ordinance 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 ordinance
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 ordinance 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
ordinance 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 ordinances 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 ordinance 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 seven (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 not 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.
•
10
022
SEC. 5.10.100.102. DEFINITIONS.
• For the purpose of this chapter the words and phrases shall have the meanings respectively
ascribed to them by section 9.16.102 of the Atascadero 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:
(a) Adult Oriented Business Operator. "Adult oriented business operator" (hereinafter
"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 and "adult oriented business" or
the conduct of activities occurring on the premises thereof.
(b) Applicant. "Applicant means a person who is required to file an application for a permit
under this chapter, including and individual owner, managing partner, officer of a
corporation, or other operator, manager, employee, or agent of an"adult oriented business."
(c) Bar. A bar is defined as any commercial establishment licensed by the State Department of
Alcoholic Beverage Control to serve any alcoholic beverages on the premises.
(d) Figure Model. "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" to be observed, sketched,
photographed, filmed, painted, sculpted, or otherwise depicted by persons paying such
compensation or consideration.
(e) Health Officer. "Health officer" means any duly authorized representative of the City of
Atascadero.
• (f) Permittee. "Permittee" means the person to whom an adult oriented business permit is
issued.
(g) Police Chief. "Police Chief' means the Chief of Police of the City of Atascadero or any duly
authorized representative thereof.
(h) Person. "Person" means any individual, partnership, copartnership, firm, association, joint
stock company, corporation, or combination of the above in whatever form or character.
SEC. 5.10.100.103. PERMITS REQUIRED.
(a) It shall be unlawful for any person to conduct operate in the City of Atascadero , 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 Atascadero as herein required.
(Adult Oriented Business Regulatory permit)
(b) It shall be 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 Atascadero 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.
•
11
023
ARTICLE 2. APPLICATION AND PERMITS
SEC. 5.10.100.201. ADULT ORIENTED BUSINESS REGULATORY PERMIT
REQUIRED
(a) Every person who proposes to maintain, operate or conduct an Adult Oriented Business
in the City of Atascadero shall file an application with the City upon a form provided by
the City of Atascadero and shall pay a filing fee, as established by resolution adopted by
the City Council from time to time, which shall not be refundable. The fee established
may not exceed the cost of processing the application.
The City's designee is responsible for granting, denying, revoking, suspending, and canceling
sexually oriented business permits for proposed or existing sexually oriented businesses
SEC. 5.10.100.202. APPLICATIONS.
(a) Adult Oriented Business Regulatory Permits are nontransferable, except in
accordance with Section 5.10.100.205. Therefore, all applications shall include the
following information:
(1) 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 eighteen (18) years of age.
(2) 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.
(3) 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.
(b) 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 shall sign the application.
(c) If the applicant intends to operate the Adult Oriented Business under a name other than
that of the applicant, the applicant shall file the fictitious name of the Adult Oriented
Business and show proof of registration of the fictitious name.
(d) A description of the type of Adult Oriented Business for which the Permit is requested
and the proposed address where the Adult Oriented Business will operate, plus the names •
12
024
and addresses of the owners and lessors of the Adult Oriented Business site .
• (e) The address to which notice of action on the application is to be mailed.
(f) The names of all employees, independent contractors, and other persons who will
perform at the Adult Oriented Business, who are required by Section 5.10.100.206 to
obtain an Adult Oriented Business performer License (for ongoing reporting
requirements see Section 5.10.100.206).
(g) A sketch or diagram showing the interior configuration of the premises, including a
statement of the total floor area occupied by the Adult Oriented Business. The sketch or
diagram need not be professionally prepared, but must be drawn to a designated scale or
drawn with marked dimensions of the interior of the premises to an accuracy of plus or
minus six (6) inches.
(h) A diagram of the of f-street parking areas and premises entries of the Adult Oriented
Business showing the location of the lighting system required by Section
5.10.100.301(c).
SEC. 5.10.100.203. INVESTIGATION AND ACTION ON APPLICATION.
(a) Upon receipt of a completed application and payment of the application and Permit fees,
the City shall immediately stamp the application as received and promptly investigate the
information contained in the 'application to determine whether the application is complete
and whether the applicant shall be issued an Adult Oriented Business Regulatory Permit.
(b) Upon receipt of an application properly filed with the City, and upon payment of the non-
refundable application fee, the City or its designee shall immediately stamp the
application as received on that date. Within two business days of receipt the City shall
determine whether or not the application is complete. If the application is not complete
the City shall promptly notify the applicant of that fact. The time period for granting or
denying a Permit shall be stayed during the period win which the application is
incomplete.
(c) Within fifteen (15) days of receipt of the completed application, the City's designee
shall complete the investigation, grant or deny the application in accordance with the
provisions of this Section, and so notify the applicant as follows:
(1) The City's designee shall write or stamp "Granted" or "Denied" on the
application and date and sign such notation.
(2) If the application is denied, the City's designee shall attach to the application a
statement of the reasons for denial.
(3) If the application is granted, the City's designee shall attach to the application an
• Adult Oriented Business Regulatory Permit.
13
025
(4) The application as granted or denied and the Permit, if any, shall be placed in •
the United States mail, first class postage prepaid, addressed to the applicant at
the address stated in the application.
(d) The City's designee shall grant the application and issue the Adult Oriented Business
Regulatory Permit upon findings that the proposed business meets the locational criteria
of Section 9.16.103; unless the application is denied. The Permittee shall post the Permit
conspicuously in the Adult Oriented Business premises.
(e) If the City's designee grants the application or if the City's designee neither grants nor
denies the application within fifteen (15) days after it is stamped as received (except as
provided in Section 5.10.100.202 0), the applicant may begin operating the Adult
Oriented Business for which the Permit was sought subject to compliance with the
development and performance standards and requirements of Sections 5.10.100.301.
Compliance with all portions of the Atascadero Municipal Code is a condition of any
permit issued pursuant to this Chapter.
SEC. 5.10.100.204. PERMIT DENIAL.
The City's designee shall deny the application for any of the following reasons:
(a) The building, structure, equipment, or location used by the business for which an
Adult-Oriented Business Regulatory Permit is required do not comply with the locational .
or development and performance standards and requirements of these regulations.
(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 Regulatory Permit.
(c) An applicant is under eighteen(18) years of age.
(d) The required application fee has not been paid.
SEC. 5.10.100.205. TRANSFER OF ADULT ORIENTED BUSINESS REGULATORY
PERMITS.
(a) A permittee shall not operate an Adult Oriented Business under the authority of an
Adult Oriented Business Regulatory permit at any place other than the address of the
Adult Oriented Business stated in the application for the permit.
(b) A permittee shall not transfer ownership or control of an Adult Oriented Business or
transfer an Adult Oriented Business Regulatory Permit to another person unless and until
the transferee obtains an amendment to the Permit from the City's designee stating that
the transferee is now the permittee. Such an amendment may be obtained only if the •
14
026
transferee files an application with the City's designee in accordance with Sections
5.10.100.201 and 5.10.100.202, accompanies the application with a transfer fee in an
amount set by resolution of the City Council, and the City's designee determines in
accordance with Section 5.10.100.203 that the transferee would be entitled to the
issuance of an original Permit.
SEC. 5.10.100.206. ADULT ORIENTED BUSINESS PERFORMER PERMIT.
(a) No person shall engage in or participate in any live performance with an emphasis upon
"specified anatomical areas" or "specified sexual activities" in an Adult Oriented
Business, without a valid Adult Oriented Business Performer Permit issued by the
City. All persons who have been issued an Adult Oriented Business Regulatory Permit
shall promptly supplement the information provided as part of the application for the
Permit required by Section 5.10.100.201, with the names of all Performers required to
obtain an Adult Oriented Business Performer Permit, within thirty (30) days of any
change in the information originally submitted.
(b) The City's designee shall grant, deny and renew Adult Oriented Business Performer
Permits.
(c) The application for a Permit shall be made on a form provided by the City's designee. An
original and two copies of the completed and sworn permit application shall be filed with the
City's designee.
• (d) The completed application shall contain the following information and be accompanied
by the following documents:
(1) The applicant's legal name and any other names (including "stage names" and aliases)
used by the applicant;
(2) Age, date and place of birth;
(3) Height, weight, hair and eye color;
(4) Present residence address and telephone number;
(5) Whether the applicant has ever been convicted of.
(i) Any of the offenses set forth in Sections 315, 316, 266a, 266b, 266c, 266e,
266g, 266h, 2661, 647(a), 647(b) and 647(d) of the California penal Code
as those sections now exist or may hereafter be amended or renumbered.
(ii) The equivalent of the aforesaid offenses outside the State of California.
(6) Whether such person is or has ever been licensed or registered as a prostitute, or
is
otherwise authorized by the laws of any other jurisdiction to engage in
15
027
prostitution in such other jurisdiction. If any person mentioned in this subsection •
has ever been licensed or registered as a prostitute, or otherwise authorized by
the laws of any other state to engage in prostitution, a statement shall be
submitted giving the place of such registration, licensing or legal authorization,
and the inclusive dates during which such person was so licensed, registered, or
authorized to engage in prostitution.
(7) State driver's license or identification number;
(8) Satisfactory written proof that the applicant is at least eighteen (18) years of age;
(9) If the application is made for the purpose of renewing a License, the applicant
shall attach a copy of the License to be renewed.
(e) The completed application shall be accompanied by a non-refundable application fee.
The amount of the fee shall be set by resolution of the City Council. The amount of such
fee may not exceed the cost of processing the application.
(f) Upon receipt of an application and payment of the application fees, the City's designee
shall immediately stamp the application as received and promptly investigate the
application.
(g) If the City's designee determines that the applicant has completed the application •
improperly, the City's designee shall promptly notify the applicant of such fact. The time
period for granting or denying a Permit shall be stayed during the period in which the
application is incomplete.
SEC. 5.10.100.207. INVESTIGATION AND ACTION ON APPLICATION.
(a) Within two (2) business days after receipt of the completed application, the City's
designee shall grant or deny the application and so notify the applicant as follows:
(1) The City's designee shall write or stamp "Granted" or "Denied" on the application
and date and sign such notation
(2) If the application is denied, the City's designee shall attach to the application a
statement of the reasons for denial.
(3) If the application is granted, the City's designee shall attach to the application an
Adult Oriented Business Performer Permit.
(4) The application as granted or denied and the permit, if any, shall be placed in
the United States mail, first class postage prepaid, addressed to the applicant at
the residence address stated in the application.
•
16
028
(b) The City's designee shall, grant the application and issue the Permit unless the
• application is denied for one or more of the reasons set forth in subsection (d) of this
section.
(c) If the City's designee grants the application or if the City's designee neither grants nor
denies the application within two (2) business days after it is stamped as received (except
as provided in Section 5.10.100.206 (g), the applicant may begin performing in the
capacity for which the License was sought.
(d) The City's designee shall deny the application for any of the following reasons:
(1) The applicant has knowingly made any false, misleading, or fraudulent statement
of a material fact in the application for a Permit;
(2) The applicant is under eighteen(18) years of age;
(3) The Adult-Oriented Business Performer Permit is to be used for performing in a
business prohibited by State or City law.
(4) The applicant has been registered in any state as a prostitute.
(5) The applicant has been convicted of any of the offenses enumerated in Section
9.30.100.206(d) (5) or convicted of an offense outside the State of California
• that would have constituted any of the described offenses if committed within the
State of California. A Permit may be issued to any person convicted of the
described crimes if the conviction occurred more than five (5) years prior to the
date of the application.
(e) Each Adult Oriented Business Performer Permit shall expire one (1) year from the date
of issuance and may be renewed only by filing with the City's designee a written request
for renewal, accompanied by the application fee and a copy of the Permit to be renewed.
The request for renewal shall be made at least thirty (30) days before the expiration date
of the Permit. Applications for renewal shall be acted on as provided herein for
applications for Permits.
SEC. 5.10.100.209. APPEAL OF DENIAL, SUSPENSION OR REVOCATION.
(a) Administrative Appeal to the City Council.
(1) After denial of an application or suspension or revocation of a permit, the applicant
or permittee may seek prompt review of such administrative action through the
City Council, under the provisions of the Atascadero Municipal Code and may
appeal any decision of the City Council to the Superior Court pursuant to
California Code of Civil Procedure 1094.8
•
17
029
•
ARTICLE 3. OPERATING AND DEVELOPMENT STANDARDS.
SEC. 5.10.100.301. ADULT ORIENTED BUSINESS DEVELOPMENT AND
OPERATING STANDARDS.
(a) Operating standards are a legitimate and reasonable means of ensuring that adult
businesses are conducted in a manner so as to minimize their adverse secondary effects
and to help assure that such operators and businesses comply with reasonable regulations
related to such requirements to minimize control problems associated with such
businesses and thereby protect the health, safety, and welfare of City residents, protect
citizens from increased crime, preserve the quality of life, preserve property values and
the character of surrounding neighborhoods and businesses, and deter the spread of urban
blight. The operational requirements contained in this Ordinance do not unreasonably
restrict the establishment or operation of constitutionally protected adult businesses in the
City.
(b) The City Council, in adopting operational standards, recognizes that these standards do
not preclude reasonable alternative avenues of communication. For example, the closing
hours requirement means that adult businesses are free to operate seven (7) days a week
for sixteen (16) hours per day. The City Council takes note of the proliferation of adult
material on the Internet and its availability as an alternative avenue of communication.
The City Council also considers and relies on published decisions examining the •
proliferation of communications on the Internet. ( Reno v. American Civil Liberties
Union, 521 U.S. 844[the principle channel through which many Americans now transmit
and receive sexually explicit communication is the Internet]; Anheuser-Busch v.
Schmoke, 101 F. 3d 325 [the Fourth Circuit rejected a First Amendment challenge to a
Baltimore ordinance restricting alcohol advertisements on billboards acknowledging that
the Internet is one available channel of communication]; U.S. v Hockings, 129 F. 3d
1069; U.S. Thomas, 74 F. 3d 701 [recognizing the Internet as a medium for transmission
of sexually explicit material in the context of obscenity prosecutions].) The emergence of
the Internet brings with it a virtually unlimited additional source of adult oriented sexual
materials available to interested person in every community with a mere keystroke. An
adult business no longer has to be "actually" physically located in a city to be available in
the community.
(c) The City Council has also determined that a closing hours requirement promotes the
reduction of deleterious secondary effects from adult facilities and reasonably relies on
prior court decisions on the need for closing hours including Mitchell v. Comm. On Adult
Entertainment, 10 F. 3d 123; Lady J Lingerie, Inc. v. City of Jacksonville, 973 F. Supp
1428; and City of Colorado Springs v. 2345 Inc, 896 P. 2d 272.
(d) No Adult Oriented Business shall be operated in any manner that permits the observation
of any material or activities depicting, describing or relating to "Specified Sexual
Activities" or "Specified Anatomical Areas" from any public way or from any location
outside the building or area of such establishment. This provision shall apply to any •
18
030
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.
(e) All off-street parking area and premise entries of the sexually oriented business shall be
illuminated from dusk to closing hours of operation with a lighting system which
provides an average maintained horizontal illumination of one (1) 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
sexually oriented business for the personal safety of patrons and employees and to reduce
the incidence of vandalism and criminal conduct The lighting shall be shown on the
required sketch or diagram of the premises.
(f) Except for those businesses also regulated by the California Department of Alcoholic
Beverage Control, an Adult Oriented Business shall be open for business only between
the hours of 8:00 a.m. and 2:00 a.m. This restriction shall not apply to an adult hotel or
adult motel.
(g) The building entrance to an Adult Oriented Business shall be clearly and legibly posted
with a notice indicating that persons under eighteen (18) years of age are precluded from
entering the premises. No person under the age of eighteen (18) years shall be permitted
within the premises at any time.
• (h) All indoor areas of the Adult-Oriented Business within which patrons are permitted,
except rest rooms, shall be open to view by the management at all times.
(i) Any adult-oriented business which is also an "adult arcade", shall comply with the
following provisions:
(1) No adult booth/individual viewing area shall be occupied by more than one
individual at a time.
(2) Each adult booth/viewing area within the adult business shall be visible from a
continuous and accessible main aisle in a public portion of the establishment, and
shall not be obscured by any door, curtain, wall, two way mirror or other device
which would prohibit a person from seeing the entire interior of the adult
booth/individual viewing area from the main aisle. A manager shall be stationed
in the main aisle at all times. Further, no one shall maintain any adult
booth/individual viewing area in any configuration unless the entire interior
wherein the picture or entertainment that is viewed is visible from one main aisle.
The entire body of any patron in any adult booth/individual viewing area must be
visible from the main aisle without the assistance of mirrors or other device.
(3) No doors are permitted on an adult booth/individual viewing are. No partially or
fully enclosed adult booth/individual viewing areas or partially or fully concealed
• adult booth/individually viewing areas shall be maintained.
19
031
(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) No holes or other openings (commonly known as "glory holes") shall be
permitted between adult booths/individual viewing areas. Any such hole or
opening shall be repaired within 24 hours using "pop" rivets to secure metal
plates over the hole or opening to prevent patrons from removing the metal plates.
(6) The floors, seats, walls and other interior portions of all video 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.
(7) No beds shall be permitted in an adult booth/individual viewing area.
(j) All areas of the Adult Oriented Business shall be illuminated at a minimum of the
following foot-candles, minimally maintained and evenly distributed at ground level:
Area Foot-Candles
Bookstores and other retail 20 •
establishments
Theaters and cabarets 5 (except during
performances, at
which times lighting
shall be at least
1.25 foot-candles)
Arcades 10
Motels/Hotels 20 (in public areas)
Modeling studios 20
(k) The Adult Oriented 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 room(s) for females, and female
patrons and employees 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 projection, recording or reproduction
equipment. The foregoing provisions of this paragraph shall not apply to an Adult •
20
032
Oriented Business which deals exclusively with sale or rental of Adult Material which is
• not used or consumed on the premises, such as an Adult Bookstore or Adult Video Store,
and which does not provide rest room facilities to its patrons or the general public.
(1) On Site Manager; Security Measures. All adult businesses shall have a responsible person
who shall be at least 18 years of age and shall be on the premises to act as a manager at
all times during which the business is open. No performer may serve as the manager. The
individual(s) designated as the on site manager shall provide his/her name to the Planning
Director to receive all complaints and be given by the owner and or operator the
responsibility and duty to address and resolve all violations taking place on the premises.
All adult businesses shall proved a security system that visually records and monitors all
parking lot areas, or in the alternative, state licensed unformed security guards to patrol
and monitor the parking lot areas during all times during which the business is open. It
the business employs security guards, they shall provide written confirmation to the
Police Chief prior to their employment that the guards are duly registered. No performer
may serve as a security guard. A sign indicating compliance with this provision shall be
posted on the exterior of the premises between four to six feet from the ground. The sigh
shall not exceed two feet by three feet and shall at a minimum be one foot bone and a half
feet and shall utilize red or black printing letters of not less than 1 inch in size.
(m) No exterior door or window on the premises of an adult business shall be propped or kept
open at anytime while the business is open and any exterior windows shall be covered
with opaque coverings at all times.
(n) The following additional requirements shall pertain to Adult Oriented Businesses
providing live entertainment:
(1) No person shall perform live entertainment for patrons of an Adult Oriented
Business except upon a stage at least eighteen (18) inches above the level of the
floor which is separated by a distance of at least ten (10) feet from the nearest area
occupied by patrons, and no patron shall be permitted within ten (10) feet of the
stage while the stage is occupied by an performer. "Performer" shall mean any
person who is an employee or independent contractor of the Adult Oriented
Business, or any person who, with or without any compensation or other form of
consideration, performs live entertainment for patrons of an Adult Oriented
Business.
(2) The Adult Oriented Business shall provide separate dressing room facilities for
performers which are exclusively dedicated to the performers' use.
(3) The Adult Oriented Business shall provide an entrance/exit for performers
which is separate from the entrance/exit used by patrons.
(4) The Adult Oriented Business shall provide access for performers between the
stage and the dressing rooms which is completely separated from the patrons.
• If such separate access is not physically feasible, the Adult-Oriented Business
21
033
shall provide a minimum three (3) foot wide walk aisle for performers between
the dressing room area and the stage, with a railing, fence or other barrier •
separating the patrons and the performers capable of(and which actually results
in)preventing any physical contact between patrons and performers.
(5) No performer, either before, during or after performances, shall have physical
contact with any patron and no patron shall have physical contact with any
performer either before, during or after performances by such performer. This
subsection shall only apply to physical contact on the premises of the Adult
Oriented Business. This limitation shall not be construed to apply to incidental
physical contact.
(6) Fixed rail(s) at least thirty (30) inches in height shall be maintained establishing
the separations between performers and patrons required by this subsection.
(7) No patron shall directly pay or give any gratuity to any performer and no
performer shall solicit any pay or gratuity from any patron.
(8) No owner or other person with managerial control over an Adult Oriented
Business (as that term is defined herein) shall permit any person on the premises
of the Adult Oriented Business to engage in a live showing of the human male or
female genitals, pubic area or buttocks with less than a fully opaque coverage,
and/or the female breast with less than a fully opaque coverage over any part of
the nipple or areola and/or covered male genitals in a discernibly turgid state. •
This provision may not be complied with by applying an opaque covering
simulating the appearance of the specified anatomical part required to be covered.
SEC. 5.10.100.302. REGISTER AND PERMIT NUMBER OF EMPLOYEES.
(a) Every permittee of an Adult Oriented Business which provides live adult must maintain a
register of all persons so performing on the premises and their permit numbers. Such
register shall be available for inspection during regular business hours by any police
officer of the City of Atascadero.
SEC. 5.10.100.303. DISPLAY OF PERMIT AND IDENTIFICATION CARDS.
(a) Every Adult Oriented Business shall display at all times during business hours the permit
issued pursuant to the provisions of this chapter for such Adult Oriented Business in a
conspicuous place so that the same may be readily seen by all persons entering the Adult
Oriented Business.
(b) The Police Chief shall provide each Adult Oriented Business Performer required to have
a Permit pursuant to the chapter, with an identification card containing the name, address,
photograph and permit number of such performer.
(c) An Adult Oriented Business Performer shall have such card available for inspection at all •
22
034
times during which such person is on the premises of the Adult Oriented Business.
•
SEC. 5.10.100.304. EMPLOYMENT OF AND SERVICES RENDERED TO PERSONS
UNDER THE AGE OF EIGHTEEN (18) YEARS PROHIBITED.
(a) It shall be unlawful for any permittee, operator or other person in charge of any Adult
Oriented Business to employ, or provide any service for which it requires such permit, to
any person who is not at least eighteen (18) years of age.
(b) It shall be unlawful for any permittee, operator or other person in charge of any Adult
Oriented Business to knowingly permit to enter, or remain within the Adult Oriented
Business, any person who is not at least eighteen years of age.
ARTICLE 4. MISCELLANEOUS PROVISIONS
SEC. 5.10.100.401. INSPECTION.
An applicant or Permittee shall permit representatives of the Police Department, Health
Department, Fire Department, Planning Division, or other City Departments or Agencies to
inspect the premises of an Adult Oriented Business for the purpose of insuring compliance
• with the law at any time it is occupied or opened for business. A person who operates an Adult
Oriented Business or his or her agent or employee is in violation of the provisions of this section
if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or
open for business.
SEC. 5.10.100.402. REGULATIONS NONEXCLUSIVE.
The provisions of this article regulating Adult 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
Atascadero.
SEC. 5.10.100.403. EMPLOYMENT OF PERSONS WITHOUT PERMITS
UNLAWFUL.
It shall be unlawful for any owner, operator, manager, or permittee in charge of or in control of
an Adult Oriented Business which provides live adult entertainment to allow any person to
perform such entertainment who is not in possession of a valid Adult Oriented Business
Performer Permit.
• SEC. 5.10.100.404. TIME LIMIT FOR FILING APPLICATION FOR PERMIT.
23
035
All persons who possess an outstanding business license 'heretofore issued for the operation of •
an Adult Oriented Business and all persons required by this chapter to obtain an Adult Oriented
Business Performer Permit, must apply for and obtain such a permit within ninety (90) days of
the effective date of this chapter. Failure to do so and continued operation of an Adult Oriented
Business, or the continued performances in an Adult Oriented Business after such time without a
permit shall constitute a violation of this chapter.
SEC. 5.10.100.405. SEVERABILITY.
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 (1) or more subsections, subdivisions, paragraphs,
sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.
SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING. The
City Council finds that this ordinance is enacted in order to mitigate the threat posed to the
public peace, health, or safety by Adult Oriented Businesses. In this regard, the findings set forth
in Section 1 of this ordinance are incorporated herein by reference. This ordinance either
provides for the amendment of existing regulations applicable to Adult Oriented Businesses or, •
for the first time, provides for zoning regulations which are specifically applicable to Adult
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
ordinance may have a significant adverse effect on the environment, and therefore the adoption
ordinance is exempt from CEQA pursuant to Section 15061(b) (3) of this the CEQA guidelines.
SECTION 5: The City Clerk shall cause a summary of this ordinance, approved by the
City Attorney, together with ayes and noes, to be published at least five days prior to its final
passage in the Atascadero News, a newspaper of general circulation, printed, published and
circulated in the City of Atascadero in accordance with Section 36933 of the Government Code.
The City Clerk shall cause a summary of this Ordinance, approved by the City Attorney, together
with ayes and noes, to be published before the expiration of fifteen (15) days after its final
passage in the Atascadero News. A copy of the full text of this Ordinance shall be on file in the
City Clerk's Office on and after the date following introduction and passage and shall be
available to any interested member of the public. This ordinance shall take effect and be in full
force and effect thirty (30) days after its final passage.
On motion by Council Member and seconded by Council Member
the foregoing Ordinance is adopted by the following roll call vote:
AYES:
•
24
036
NOES:
• ABSENT:
CITY OF ATASCADERO
J. Michael Arrambide, Mayor
ATTEST:
Marcia McClure Torgerson, City Clerk
ORDINANCE CODE PROVISION APPROVED
AS TO FORM AND CODIFICATION:
By:
Roy A. Hanley, City Attorney
• Dated:
•
25
037
NOTICE OF SPECIAL MEETING
ATASCADERO CITY COUNCIL
Friday, April 6, 2001, 6:00 p.m.
Saturday, April 7, 2001, 8:00 a.m. — 4:00 p.m.
***City Hall, Club Room, 4" Floor***
Strategic Planning Workshop
FRIDAY,APRIL 6,2001,6:00 P.M.
ROLL CALL:
COMMUNITY FORUM:
6:00 P.M. COUNCIL WORKSHOP—STRATEGIC PLANNING
[The City Council and Department Heads will be served dinner at 6.00 p.m. Members of the public
planning to attend should provide their own meal.]
• ADJOURNMENT: The Council will adjourn to Saturday,April 7,2001 at 8:00 a.m. to continue
the Strategic Planning Workshop.
SATURDAY,APRIL 7,2001,8:00 A.M.
ROLL CALL:
COMMUNITY FORUM:
8:00 A.M. COUNCIL WORKSHOP—STRATEGIC PLANNING
[The City Council will be served lunch at 12:00 p.m. Members of the public planning to attend should
provide their own lunch.]
ADJOURNMENT: The Council will adjourn at 4:00 p.m.to the next Regular Session on Tuesday,
April 10,2001 at 7:00 p.m.
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO )
CITY OF ATASCADERO )
MARCIA MCCLURE TORGERSON,being fully sworn,deposes,and says: That she is the duly elected City Clerk of
the City of Atascadero and that on Thursday,April 5,2001,she caused the above Notice to be posted on the doors of
the City's Administration Building,6500 Palma Avenue in Atascadero,California.
ARCIA MCCLURE TORGERSON
City Clerk
City of Atascadero