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HomeMy Public PortalAboutOrdinance 783Ord No. ORDINANCE NO. 783 AN ORDINANCE ADDING CHAPTER 17.85 TO TITLE 17 OF THE BEAUMONT MUNICIPAL CODE PERTAINING TO ZONING REGULATIONS APPLICABLE TO ADULT ORIENTED BUSINESSES; AND ADDING CHAPTER 5.60 TO TITLE 5 OF THE BEAUMONT MUNICIPAL CODE RELATING TO THE REGULATION OF ADULT- ORIENTED BUSINESSES. The City Council of the City of Beaumont does ordain as follows: SECTION 1. FINDINGS: The City Council of the City of Beaumont 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) Both the proximity of Adult -Oriented Businesses to sensitive land uses and the concentration of Adult -Oriented Businesses tend 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 residential, recreational, religious, educational, and other Adult -Oriented Businesses can cause other businesses and residences to move elsewhere. (4) There is substantial evidence that the increase in crime tends to accompany, concentrate around, and be aggravated by Adult -Oriented Businesses, including but not limited to an increase in 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 Beaumont finds 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 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, particularly when several of them are concentrated under certain circumstances or located in direct proximity to sensitive uses such as parks, schools, churches, thereby having a deleterious effect upon the adjacent areas. It is the purpose and intent of these special regulations to prevent the concentration of Adult -Oriented Businesses and thereby prevent such adverse secondary side effects. (c) The location requirements established by this ordinance do not unreasonably restrict the establishment or operation of constitutionally protected Adult -Oriented Businesses in the City of Beaumont, and a sufficient reasonable number of appropriate locations for Adult -Oriented Businesses are provided by this ordinance. (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 the 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); PW/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 9/8/98 —1— Ord No. 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 1248, Mitchell v. Commission on Adult 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 Beaumont also finds that location criteria alone do not adequately protect the health, safety and general welfare of the citizens of the City of Beaumont, and thus certain requirements with respect to 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 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 entertainers, 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 unlawful 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 Beaummont and to help assure that all operators of Adult -Oriented Businesses comply with the 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 Beaumont recognizes the possible harmful effects on children and minors exposed to the effects of such Adult -Oriented Businesses and the deterioration of respect for family values, and the need and desire of children and minors to stay away from and avoid such businesses, which cause 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 Beaumont; protect the citizens from increased crime; preserve the quality of life; preserve the property values and the character of the 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 Beaumont in enacting this ordinance, or any provision thereof to condone or legitimize the distribution of obscene material, and the City of Beaumont recognizes that state law prohibits the distribution of obscene materials and expects and encourages law enforcement officials to enforce state obscenity statutes against such illegal activities in the City of Beaumont. (j) 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 9/8/98 — 2 — Ord No. 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 orderly development of property within the City and diminishes, to the greatest extent feasible, those undesirable secondary effects which the aforementioned studies have shown to be associated with the development and operation. of Adult -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 Beaumont Municipal Code; and (o) The City Council finds that preventing the exchange of money between entertainers and patrons also reduces the likelihood of drug and sex transactions occurring in Adult -Oriented Businesses; and (p) Requiring separations between entertainers and patrons reduces the likelihood that such persons will negotiate narcotics sales and/or transact sexual favors within the Adult -Oriented Business; and (q) Enclosed or concealed booths and dimly-lit areas within Adult -Oriented Businesses greatly increase the potential 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 the 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 finds that this Ordinance is enacted in order to mitigate the threat posed to the public peace, health, or safety by Adult -Oriented Businesses. This Ordinance either provides for the amendment of existing regulations applicable to Adult -Oriented Business 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. Environmental Assessment No. 9609-003 identified no significant impacts to the environment and the City Council has reviewed the proposed negative declaration for this Ordinance. SECTION 2. AMENDMENT OF CODE. Section 17.80.110 of Title 17, entitled "Adult Entertainment", is hereby repealed. Chapter 17.85 entitled "Adult -Oriented Businesses" is hereby added to Title 17 of the Beaumont Municipal Code to read as follows: CHAPTER 17.85. ADULT-ORIENTED BUSINESSES. Section §17.85.010 Purpose §17.85.020 Definitions § 17.85.030 Minimum Proximity Requirements § 17.85.040 Amortization of Non -Conforming Adult -Oriented Business Uses § 17.85.050 Extension of Time for Termination of Non -Conforming Use §17.85.010 PURPOSE It is the intent of this Chapter 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 that the concentration of Adult -Oriented Businesses causes an 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 9/8/98 — 3 — Ord No. residents to move elsewhere. It is, therefore, the purpose of this Chapter 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. §17.85.020 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: (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 Business 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 human (I) genitals or pubic region; (ii) buttocks; and (iii) female breast below a point immediately above the top of the areola; (2) Human male genitals in a discernable turgid state, even if completely and opaquely covered; (3) Any device, costume, or covering that simulates any of the body parts included in subdivisions (1) or (2) above. (c) Specified sexual activities. As used herein, "specified sexual activities" shall mean and include any of the following, whether performed directly or indirectly through clothing or other covering: (1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast; (2) Sex acts, actual 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 -Oriented Businesses. "Adult -Oriented Businesses" means any one of the following: (1) Adult arcade. The term "adult arcade" as used in this Chapter, is an establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five (5) or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions thirty (30) percent or more, being shown at any given time, of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (2) Adult bookstore. The term "adult bookstore" as used in this Chapter, is an establishment that has thirty (30) percent or more of its stock in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, records, or other forms of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas. (3) Adult cabaret. The term "adult cabaret" as used in this Chapter, means a nightclub, restaurant, or similar business establishment which: (i) features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (ii) which features persons or employees who appear semi-nude; and/or (iii) shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions thirty (30) percent or more, being shown at any given time, of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (4) Adult hotel/motel. The term "adult hotel/motel" as used in this Chapter, means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which, (i) provides patrons with closed circuit television transmissions, film, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions thirty (30) percent or more of the number of which are distinguished or 9/8/98 — 4 — Ord No. characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (ii) rents, leases, or lets any room for less than a six (6) hour period; or rents, leases, or lets any single room more than twice in a 24-hour period. (5) Adult motion picture theater. The term "adult motion picture theater" as used in this Chapter, is a business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides, or similar photographic reproductions are shown, and thirty (30) percent or more, being shown at any given time, of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (6) Adult theater. The term "adult theater" as used in this Chapter, means a theater, concert hall, auditorium, or similar establishment which, for any form of consideration regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities. (7) Modeling studio. The term "modeling studio" as used in this Chapter, means a business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display "specified anatomical areas" to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. "Modeling studio" does not include schools maintained pursuant to standards set by the State Board of Education. "Modeling studio" further does not include a studio or similar facility owned, operated or maintained by an individual artists or group of artists, and which does not provide, permit, or make available specified sexual activities. (e) Adult material. The term "adult material" as used in this Chapter means books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, records, or other forms of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas. (f) Church. The term church as used in this Chapter, is property which is used primarily for religious worship and related religious activities. (g) Distinguished or characterized by an emphasis upon. As used in this Chapter, the term "distinguished or characterized by an emphasis upon" shall mean and refer to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified anatomical areas, the films so described are those whose dominant or predominant character are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal. App. 3 151 (1981). (h) Regularly Features. The term "regularly features" with respect to an adult theater or adult cabaret and as used in this Chapter, means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of two (2) or more occasions within a thirty (30) day period; three (3) or more occasions within a sixty (60) day period; or four (4) or more occasions within a one hundred and eighty (180) day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct. (I) School. The term "school" as used in this Chapter, is any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, including vocational or professional institution of higher education, community or junior college, and college or university. (j) Semi-nude. The term "semi-nude" as used in this Chapter, means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices. §17.85.030 MINIMUM PROXIMITY REQUIREMENTS No Adult -Oriented Business shall be established or located in any zone in the City other than the Light Manuafacturing Zone or the Manufacturing -Industrial Park Zone, or within certain distances of certain specified land use zones as set forth below: 9/8/98 — 5 — Ord No. (a) No such business shall be established or located within 500 feet of any other Adult -Oriented Business. (b) No such business shall be established or located within 1,000 feet, as measured from the nearest property line of the parcel on which such business is situated, from any residential use in a residential zone, or existing or planned (within a designated and approved specific plan) park, church, or school. (c) The distances set forth above shall be measured as a radius from any public entrance of the Adult -Oriented Business to the property lines of property so zoned or used, without regard to intervening structures. §17.85.040 AMORTIZATION OF NONCONFORMING ADULT-ORIENTED BUSINESS USES Any use of real property existing on the effective date of this Ordinance, which does not conform to the provisions of Section 17.85.030, but which was constructed, operated and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may continue for 1 year after the effective date of this Ordinance. On or before such date, all such nonconforming uses shall be terminated unless an extension of time has been approved by the City Manager in accordance with the provisions of Section 17.85.050. (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. (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, but which does not conform to the provisions of Section 17.85.030 shall be terminated within one (1) year of the date of annexation unless an extension of time has been approved by the City Council in accordance with the provisions of Section 17.85.050. §17.85.050 EXTENSION OF TIME FOR TERMINATION OF NONCONFORMING USE. The owner or operator of a nonconforming use as described in Section 17.85.040 may apply under the provisions of this Section to the City Council for an extension of time within which to terminate the nonconforming use. (a) Time and manner application. An application for an extension of time within which to terminate a use made nonconforming by the provisions of Section 17.85.040 , 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 Manager at least ninety (90) but no more than one hundred eighty (180) days prior to the time established in Section 17.85.040 for termination of such use. (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 shall set the matter for a hearing before the City Council at a duly noticed City Council meeting within 45 days of receipt of the application. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence 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 witness. The decision of the City Council shall be final and subject to judicial review pursuant to the Code of Civil Procedure Section 1094.6. (d) Approval of extension; findings. An extension under the provisions of this Section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the City Council makes all of the following findings or such other findings as are required by law: (1) The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which this nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made prior to 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 17.85.030. 9/8/98 — 6 — Ord No. SECTION 3. AMENDMENT OF CODE. Chapter 5.60, entitled "Adult -Oriented Businesses" is hereby added to Title 5 of the Beaumont Municipal Code to read as follows: Chapter 5.60. ADULT-ORIENTED BUSINESSES Section §5.60.010 Legislative Purpose §5.60.020 Definitions §5.60.030 Adult Business Regulatory Permit Required §5.60.040 Application and Permit §5.60.050 Facilities and Employers §5.60.060 Miscellaneous Provisions §5.60.010 LEGISLATIVE PURPOSE It is the purpose of this Chapter to regulate Adult -Oriented Businesses in order to promote the health, safety, morals and general welfare of the citizens of the City. The provisions of this Chapter have neither the purpose nor the effect of imposing a limitation or restriction on the content of any communicative materials, including Adult Materials. Similarly, it is not the intent nor the effect of this Chapter to restrict or deny access by adults to Adult Materials protected by the First Amendment, or to deny access by the distributors and exhibitors of Adult -Oriented entertainment to their intended market. Neither is it the intent nor effect of this Chapter to condone or legitimize the distribution of obscene material. §5.60.020 DEFINITIONS For the purpose of this Chapter the following words and phrases shall have the meanings respectively ascribed to them by this Section: (a) "Adult -Oriented Businesses" means any one of the following: (1) Adult arcade. The term "adult arcade" as used in this Chapter, is an establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five (5) or fewer persons each, are used to show films, computer generated images, motion pictures, videocassette, slides or other photographic reproductions (30) percent or more, being shown at any given time, of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical area. (2) Adult bookstore. The term "adult bookstore" as used in this Chapter, is an establishment that has thirty (30) percent or more of its stock in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, records, or other forms visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas. (3) Adult cabaret. The term "adult cabaret" as used in this Chapter, means a nightclub, restaurant, or similar business establishment which: (I) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (ii) which regularly features persons who appear semi-nude; and/or (iii) shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions thirty (30) percent or more, being shown at any given time, of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (4) Adult hotel/motel. The term "adult hotel/motel." as used in this Chapter, means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which, (I) provides patrons with closed circuit television transmissions, film, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (ii) rents, leases, or lets any room for less than a six (6) hour period; or rents, leases, or lets any single room more than twice in a 24-hour period. 9/8/98 — 7 — Ord No. (5) Adult motion picture theater. The term "adult motion picture theater" as used in this Chapter, is a business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes slides, or similar photographic reproductions are shown, and thirty (30) percent or more, being shown at any given time, of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (6) Adult theater. The term "adult theater" as used in this Chapter, means a theater, concert hall, auditorium, or similar establishment which, for any form of consideration regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities. (7) Modeling studio. The term "modeling studio" as used in this Chapter, means a business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display "specified anatomical areas" to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. "Modeling studio" does not include schools maintained pursuant to standards set by the State Board of Education. "Modeling studio" further does not include a studio or similar facility owned, operated or maintained by an individual artist or group of artists, and which does not provide, permit, or make available "specified sexual activities". (b) Adult -Oriented Business Operator. "Adult -Oriented Business Operator" (hereinafter "operator") means a person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an Adult -Oriented Business or the conduct or activities occurring on the premises thereof. (c) Adult material. The term "adult material" as used in this Chapter means books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, records, or other forms of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas. (d) Applicant. A person who is required to file an application for a permit under this Chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an Adult -Oriented Business. (e) Bar. For the purposes of this Chapter, a bar is defined as any commercial establishment licensed by the State Department of Alcoholic Beverage Control to serve alcoholic beverages on the premises. (f) Distinguished or characterized by an emphasis upon. As used in this Chapter, the term "distinguished or characterized by an emphasis upon" shall mean and refer to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified anatomical areas, the films so described are those whose dominant or predominant character are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal. App. 3 151 (1981). (g) Figure model. "Figure model" means any person who, for pecuniary compensation, consideration, hire or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed or otherwise depicted. (h) Health Officer. The Health Officer of the City of Beaumont or his or her duly authorized representative. (i) Nudity or state of nudity. "Nudity or state of nudity" means the showing of the human male or human female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the male genitals in a discernible turgid state. (j) Operate an Adult -Oriented Business. As used in this Chapter "operate an Adult -Oriented Business" means the supervising, managing, inspecting, directing, organizing, controlling, or in any way being responsible for or in charge of the conduct of activities within an Adult -Oriented business. (k) Permittee. "Permittee" means the person to whom an Adult -Oriented Business Permit is issued. (1) Person. Any individual, officer, partnership, copartnership, firm, association, joint stock company , corporation, limited liability partnership, limited liability corporation or combination of the above in whatever form or character. (m) Police Chief. The Police Chief of the City of Beaumont, or the authorized representative thereof. 9/8/98 — 8 — Ord No. (n) Regularly features. The term "regularly features" with respect to an adult theater or adult cabaret means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of two (2) or more occasions within a thirty (30) day period; three (3) or more occasions within a sixty (60) day period; or four (4) or more occasions within a one hundred and eighty (180) day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct. (o) Semi-nude. Means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices. (p) Specified anatomical areas. As used herein, "specified anatomical areas" shall mean and include any of the following: (1) Less than completely and opaquely covered human (I) genitals or pubic region; (ii) buttocks; and (iii) female breast below a point immediately above the top of the areola; (2) Human male genitals in a discernable turgid state, even if completely and opaquely covered; (3) Any device, costume, or covering that simulates any of the body parts included in subdivisions (1) or (2) above. (q) Specified sexual activities. As used herein, "specified sexual activities" shall mean and include any of the following, whether performed directly or indirectly through clothing or other covering: (1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast; (2) Sex acts, actual 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. §5.60.030 ADULT - ORIENTED BUSINESS PERMITS REQUIRED (a) It shall be unlawful for any person to engage in, conduct, or carry on, or to permit to be engaged in, conducted or carried on, in or upon the premises of the City of Beaumont, 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 Beaumont 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 Beaumont as herein required. (Adult -Oriented Business Performer Permit) §5.60.040 APPLICATION AND PERMITS (a) Adult -Oriented Business Regulatory Permit Required. (1) Every person who proposes to maintain, operate or conduct an Adult -Oriented Business in the City of Beaumont shall file an application with the Police Chief upon a form provided by the City of Beaumont and shall pay a non-refundable filing fee, as established by resolution adopted by the City Council from time to time. (b) Applications for Adult -Oriented Business Regulatory Permit (1) Adult -Oriented Business Regulatory Permits are not transferrable, except in accordance with Section 5.60.040(e). Therefore, all applications shall include the following information: (A) 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. (B) 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, and attach a copy of the partnership agreement, if any. (C) 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. 9/8/98 — 9 — Ord No. (2) If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a ten (10) percent or greater interest in the business shall sign the application. (3) 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 fictitious name. (4) 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 and addresses of the owners and lessors of the Adult -Oriented Business site. (5) The address to which notice of action on the application is to be mailed. (6) The names of all employees, independent contractors, and other persons who will perform at the Adult -Oriented Business, who are required by Section 5.60.040(0 to obtain an Adult -Oriented Business Performer License (for ongoing reporting requirements see Section (7) 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 inches. (8) A certificate and straight line drawing prepared within thirty (30) days prior to the application depicting the building and the portion thereof to be occupied by the Adult -Oriented Business, and: (I) the property line of any other Adult -Oriented Business within 500' feet of any public entrance of the Adult -Oriented Business for which a permit is requested; and (ii) the property lines of any church, school, park, residential zone or use within 500' feet of the primary entrance of the Adult -Oriented Business. (9) A diagram of the off-street parking areas and premises entries of the Adult -Oriented Business showing the location of the lighting system required by Section (10) If the Police Chief determines that the applicant has completed the application improperly, the Police Chief shall promptly notify the applicant of such fact and, on the request of the applicant, grant the applicant an extension of time of ten (10) days or less to complete the application properly. In addition, the applicant may request an extension, not to exceed ten (10) days, of time for the Police Chief to act on the application. The time period for granting or denying a Permit shall be stayed during the period in which the applicant is granted an extension of time. (11) The fact that an applicant possesses other types of state or City Permits or licenses does not exempt the applicant from the requirement of obtaining an Adult -Oriented Business Regulatory Permit. (c) Investigation and Action on an Application for Adult -Oriented Business Regulatory Permit (1) Upon receipt of a completed application and payment of the application and permit fees, the Police Chief shall immediately stamp the application as received and promptly investigate the information contained in the application to determine whether the applicant shall be issued an Adult -Oriented Business Regulatory Permit. (2) Within thirty (30) days of receipt of the completed application, the Police Chief shall complete the investigation, grant or deny the application in accordance with the provisions of this Section, and so notify the applicant as follows. (A) The Police Chief shall write or stamp "Granted" or "Denied" on the application and date and sign such notation. (B) If the application is denied, the Police Chief shall attach to the application a statement of the reasons for denial. (C) If the application is granted the Police Chief shall attach to the application an Adult - Oriented Business Regulatory Permit. (D) 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. (3) The Police Chief shall grant the application and issue the Adult -Oriented Business Regulatory Permit upon findings that the proposed business meets all the location criteria of Section 17.85.030; and that the applicant has met all of the development and performance standards and requirements of Section 5.60.050, unless the application is denied for one or more of the reasons set forth in Section 17.85.040. The Permittee shall post the Permit conspicuously in the Adult -Oriented Business Premises. 9/8/98 —10 — Ord No. (4) If the Police Chief grants the application or if the Police Chief neither grants nor denies the application within thirty (30) days after it is stamped as received {except as provided in Section 17.85.040(b)(10)}, the applicant may begin operating the Adult -Oriented Business for which the Permit was sought, subject to strict compliance with the development and performance standards and requirements of Section 17.85.050(a). (d) Permit Denial - Adult -Oriented Business Regulatory Permit The Police Chief shall deny the application for any of the following reasons: (1) 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 requirements and standards of the health, zoning, fire, and safety laws of the City and the State of California, or with the location or development and performance standards and requirements of these regulations. (2) 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 -Oriented Business Regulatory Permit. (3) An applicant is under eighteen (18) years of age. (4) The required application fee has not been paid. (5) The Adult -Oriented Business does not comply with the zoning ordinance, location standards, Section 17.85.030. Each Adult -Oriented Business Regulatory Permit shall expire (1) year from the date of issuance, and may be renewed only by filing with the Police Chief a written request for renewal, accompanied by the Annual Permit 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. When made less than thirty (30) days before the expiration date, the expiration will not be stayed. Applications for renewal shall be acted upon as provided herein for action upon application. (e) Transfer of Adult -Oriented Business Regulatory Permits (1) 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. (2) 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 the transferee obtains an amendment to the Permit from the Police Chief stating that the transferee is now the Permittee. Such an amendment may be obtained only if the transferee files an application with the Police Chief in accordance with Sections 5.60.040(a) and 5.60.040(b), accompanies the application with a transfer fee in an amount set by resolution of the City Council, and the Police Chief determines in accordance with Section 5.60.040(c) that the transferees would be entitled to the issuance of an original Permit. (3) No Permit may be transferred when the Police Chief has notified the Permittee that the Permit has been or may be suspended or revoked. (4) Any attempt to transfer a Permit either directly or indirectly in violation of this Section is hereby declared void, and the Permit shall be deemed revoked. (1) Adult -Oriented Business Performer Permit Required (1) No person shall engage in or participate in any live performance depicting specified anatomical areas or involving 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 5.60.040(a), 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. Failure to submit such changes shall be grounds for suspension of the Adult -Oriented Business Regulatory Permit. (2) The Police Chief shall grant, deny and renew Adult -Oriented Business Performer Permits. (3) The application for a Permit shall be made on a form provided by the Police Chief. An original and two copies of the completed and sworn Permit application shall be filed with the Police Chief. (4) The completed application shall contain the following information and be accompanied by the following documents: 9/8/98 —11— Ord No. (A) The applicant's legal name and any other names (including "stage names" and aliases) used by the applicant; (B) Age, date and place of birth; (C) Height, weight, hair and eye color; (D) Present address and telephone number; (E) Whether the applicant has ever been convicted of : (i) Any of the offenses set forth in Sections 315, 316, 266a, 266b, 266c, 266e, 266h, 266i, 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. (F) Whether such person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in 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. (G) State driver's license or identification number; (H) Satisfactory written proof that the applicant is at least eighteen (18) years of age; (I) The applicant's fingerprints on a form provided by the Police Department, and a color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant. (J) If the application is made for the purpose of renewing a License, the applicant shall attach a copy of the License to the be renewed. (5) 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. (6) Upon receipt of an application and payment of the application fees, the Police Chief shall immediately stamp the application as received and promptly investigate the application. (7) If the Police Chief determines that the applicant has completed the application improperly, the Police Chief shall promptly notify the applicant of such fact and grant the applicant an extension of time of not more than ten (10) days to complete the application properly. In addition, the applicant may request an extension, not to exceed ten (10) days, of the time for the Police Chief to act on the application. The time period for granting or denying a Permit shall be stayed during the period in which the applicant is granted an extension of time. (g) Investigation and Action on Application for an Adult -Oriented Business Regulatory Permit (1) Within thirty (30) days after receipt of the properly completed application, the Police Chief shall grant or deny the application and notify the applicant as follows: (A) The Police Chief shall write or stamp "Granted" or "Denied" on the application and date and sign such notation. (B) If the application is denied, the Police Chief shall attach to the application a statement of the reasons for denial. (C) If the application is granted, the Police Chief shall attach to the application an Adult - Oriented Business Performer Permit. (D) 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. (2) The Police Chief shall grant the application andissue the Permit unless the application is denied for one or more of the reasons set forth in subsection (4) of this Section. (3) If the Police Chief grants the application or if the Police Chief neither grants nor denies the application within five (5) days after it is stamped as received (except as provided in Section5.60.040(f)(7) the applicant may begin performing in the capacity for which the License was sought. (4) The Police Chief shall deny the application for any of the following reasons : 9/8/98 —12 — Ord No. (A) 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 entertainer. (B) The Adult -Oriented Business shall provide separate gender dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use. "Entertainer" 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. (C) The Adult -Oriented Business shall provide an building entrance/exit for entertainers which is separate from the public entrance/exit used by patrons. (D) The Adult -Oriented Business shall provide access which is completely separated from the patrons for entertainers between the stage and dressing rooms. If such separate access is not physically feasible, the Adult -Oriented Business shall provide a minimum three (3) foot wide walk aisle for entertainers between the dressing rooms and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers. (E) No entertainers, either before, during or after performances, shall have physical contact with any patrons and no patrons shall have physical contact with any entertainers either before, during or after performances by such entertainer. This subsection shall only apply to physical contact on the premises of the Adult -Oriented Business. (F) Fixed rail(s) at least thirty (30) inches in height shall be maintained establishing the separations between entertainers and patrons required by this subsection. In addition, the stage shall be separated from all areas occupied by patrons by a plastic or safety glass partition with a minimum height of six feet, to effectively preclude physical contact between the performer(s) and patrons. (G) No patron shall directly pay or give any gratuity to any entertainer and no entertainer shall solicit any pay or gratuity from any patron. (H) 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. Employees other than performers, as well as performers when not engaged in a performance subject to the limitations provided for herein, shall at all times be fully clothed. (12) Adult -Oriented Businesses shall employ security guards to maintain the public peace and safety, based upon the following standards: (A) Adult -Oriented Businesses featuring entertainment shall provide at least one (1) security guard at all times while the business is open. If the occupancy limit of the premises is greater than thirty-five (35) persons, an additional security guard shall be on duty for each additional thirty-five (35) persons or portion thereof. (B) Security guards for other Adult -Oriented Business may be required if it is determined by the Police Chief that their presence is necessary in order to prevent any of the conduct listed in Section from occurring on the premises. (C) Security guard(s)shall be charged with preventing violations of law and enforcing compliance with the requirements of these regulations. Security guards shall be uniformed in such a manner so as to be readily identified as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state law. No security guard required pursuant to this subsection shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's station while acting as a security guard. 9/8/98 —16 — Ord No. The foregoing applicable requirements of this Section shall be deemed conditions of Adult -Oriented Business Regulatory Permit approvals, and failure to comply with every such requirement shall be grounds for revocation of a Permit issued pursuant to these regulations. (b) Register and Permit Number Employees (1) Every Permittee of an Adult -Oriented Business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities 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 or health officer of the City. (c) Display of Permit and Identification Cards (1) The Permit issued pursuant to the provisions of this Chapter for such Adult -Oriented Business shall be displayed at all times, during business hours, in a conspicuous place so that the same may be readily seen by all persons entering the Adult -Oriented Business (2) The Police Chief shall provide each Adult -Oriented Business Performer required to have a Permit pursuant to this Chapter, with an identification card containing the name, address, photograph and Permit number of such performer. (3) An Adult -Oriented Business Performer shall have such card on public display and available for inspection at all times during which such person is on the premises of the Adult -Oriented Businesses. (d) Employment of and Services Rendered under the Age of Eighteen (18) Years Prohibited. (1) 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. (2) It shall be unlawful for any Permittee, operator or other person in charge of any Adult -Oriented Business to permit to enter, or remain within the Adult -Oriented Business, any person who is not at least eighteen (18) years of age. (3) Violations of this requirement shall enforced by section 5.60.040(h). §5.60.060 MISCELLANEOUS PROVISIONS (a) Inspection. An applicant or Permittee shall permit representatives of the Police Department, Health Department, Fire Department, Planning Department, or other City Departments or Agencies to inspect the premises of an Adult -Oriented Business for the purpose of insuring compliance with the law and the development and performance standards applicable to Adult -Oriented Businesses, at any time it is occupied or opened for business. A person who operates an Adult -Oriented Business or his/her agent or employee is in violation of the provisions of this Section if he/she refuses to permit such lawful inspections of the premises at any time it is occupied or open for business. (b) Regulations Nonexclusive The provisions of this Chapter 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. (c) 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 entertainment depicting specified anatomic areas or involving specified sexual activities to allow any person who is not in possession of a valid, unrevoked Adult -Oriented Business Performer Permit to perform such entertainment. (d) Time Limit for Filing Application for Permit 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 performance depicting specified anatomical areas or specified sexual activities in an Adult -Oriented Business after such time without a permit shall constitute a violation of this Chapter. (e) Temporary Permit; Judicial Review 9/8/98 —17 — Ord No. In the event an application to establish and operate an adult-oriented business is denied, the applicant shall be entitled to obtain from the Police Chief, upon written request therefor, a temporary permit for a period of 90 days following the date of denial. Such permit shall be conditionally issued for the sole purpose of permitting the temporary establishment of the applicant's proposed business, while the applicant seeks prompt judicial review of the denial. In the event the applicant fails or refuses to seek judicial review within the 90 day period, the temporary permit shall thereupon expire without further notice and the applicant shall cease all operations thereunder. In the event the applicant promptly seeks judicial review, the temporary permit shall be automatically extended in increments of 90 days until judicial review is final. In the event the denial is upheld, the temporary permit shall expire without further notice and the applicant shall cease all operations thereunder. The issuance of a temporary permit shall not constitute or be deemed a compensable vested right. SECTION 4. SEVERABILITY. If any chapter, section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance, or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decisions shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each chapter, section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective, of the fact that any one (1) or more chapters, sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. SECTION 5. EFFECTIVE DATE. This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. SECTION 7. POSTING AND PUBLICATION Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall have it posted and/or published pursuant to the requirements of City Resolutions and State law. PASSED, APPROVED AND ADOPTED this 8th day of December , 1998. Ayes: Council Members Berg, Parrott, and Westcot. Noes: None. Abstain: None. Absenj: Mayor Lejak and Council Zeller. AT Mayor AT r APPROVED AS TO FORM: Alan C. Kapanicas, City Jerk -7 e Joseph Aklufi, City Attorney 9/8/98 — 1 8 —