HomeMy WebLinkAbout93-97 - Resolutions RESOLUTION NO. 93-97
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF
DEVELOPMENT CODE AMENDMENT 93-01 AMENDING THE RANCHO
CUCAMONGA MUNICIPAL CODE REGARDING ADULT ORIENTED
BUSINESSES, AND MAKING FINDINGS IN SUPPORT THEREOF.
A. Recitals.
1. The City of Rancho Cucamonga has filed an application for
Development Code Amendment No. 93-01 as described in the title of this
Resolution. Hereinafter in this Resolution, the subject Development Code
Amendment is referred to as "the application. "
2. On the 10th day of November 1993, the Planning Commission of the
City of Rancho Cucamonga conducted a duly noticed public hearing on the
application and concluded said hearing on that date.
3. All legal prerequisites prior to the adoption of this Resolution
have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the
Planning Commission of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts
set forth in the Recitals, Part A, of this Resolution are true and correct.
2. Based upon substantial evidence presented to this Commission
during the above-referenced public hearing on November 10, 1993, including
written and oral staff reports, together with public testimony, this
Commission hereby specifically finds as follows:
(a) The application applies to property located within the
City; and
(b) The proposed amendments will not have a significant impact
on the environment.
3. Based upon the substantial evidence presented to this Commission
during the above-referenced public hearing and upon the specifia' findings of
facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and
concludes as follows:
(a) That this amendment does not conflict with the: Land Use
Policies of the General Plan and will provide for development within- the
district in a manner consistent with the General Plan and with related
development; and
(b) That the proposed amendment is consistent with the
objectives of the Development Code; and
PLANNING COMMISSION RESOLUTION NO. 93-97
DCA 93-01 - CITY OF RANCHO CUCAMONGA
November 10, 1993
Page 2
(c) That the proposed amendment will not be detrimental to the
public health, safety, or welfare or materially injurious to properties or
improvements in the vicinity; and
(d) That the proposed amendment will not be detrimental to the
objectives of the General Plan or the Development Code.
4. This Commission hereby finds and determines that the project
identified above in this Resolution is exempt from the requirements of the
California Environmental Quality Act of 1970, as amended, and the Guidelines
promulgated thereunder, pursuant to Section 15061(b) (3) of the State CEQA
Guidelines.
5. Based upon the findings and conclusions set forth in paragraph
1, 2, 3, and 4 above, this Commission hereby resolves as follows:
(a) That the Planning Commission of the City of Rancho
Cucamonga hereby recommends approval of Development Code Amendment 93-01 to
modify the Municipal Code per the attached Ordinance.
6. The Secretary to this Commission shall certify to the adoption
of this Resolution.
APPROVED AND ADOPTED THIS 10TH DAY OF NOVEMBER 1993.
PLANNING CO SSION OF THE CITY 'O,F DRANCHO CUCAMONGA
BY:
i_ ..
/Ii
L.rry T .cNiel, Chairman
i
ATTEST: au4 �f<
B ,d /le cretary
I, Brad Buller, Secretary of the Planning Commission of the City of Rancho
Cucamonga, do hereby certify that the foregoing Resolution was duly and
regularly introduced, passed, and adopted by the Planning Commission of the
City of Rancho Cucamonga, at a regular meeting of the Planning Commission held
on the 10th day of November 1993, by the following vote-to-wit:
AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY, VALLETTE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA AMENDING THE RANCHO CUCAMONGA
MUNICIPAL CODE BY ADDING A NEW SECTION 17.04.090
PERTAINING TO DEVELOPMENT STANDARDS FOR THE
ESTABLISHMENT OF ADULT-ORIENTED BUSINESSES, AND
MAKING FINDINGS IN SUPPORT THEREOF.
A. Recitals.
(i) The Development Code of the City of Rancho Cucamonga, at Section
17.10.030 F.1. , currently provides regulations for the approval and
establishment of adult-oriented businesses within the City of Rancho
Cucamonga. Recent studies prepared by other jurisdictions with respect to the
establishment of such adult-oriented businesses have demonstrated that a
number of detrimental social and economic effects are produced to those
persons and properties immediately surrounding established adult-oriented
businesses. Moreover, recent opinions of the United States Supreme Court have
upheld local regulations of such adult-oriented businesses when regulations
are predicated upon the fact that establishment of such businesses disrupts
the social and economic welfare of those areas immediately adjacent to such
businesses; and, therefore, disbursal of such business from churches, schools,
parks, and residences is necessary and appropriate for the preservation of the
public health, safety, and welfare.
(ii) Prior to the adoption of this Ordinance, this Council has had
available and reviewed detailed studies prepared by other jurisdictions with
respect to the detrimental social and economic effects produced to those
persons and properties immediately surrounding established adult-oriented
businesses. These studies included those prepared by the Cities of
Indianapolis, Indiana; Phoenix, Arizona; Los Angeles, California; and Austin,
Texas. The consensus of these studies tend to demonstrate that the crime rate
in areas surrounding even one adult-oriented business tends to escalate
(particular as to sex-related crimes) and that property values in such areas
tend to show a marked decrease. This is particularly true given a close
proximity to residential areas. The general summary is that it is reasonable
and prudent that local jurisdictions exercise zoning power to regulate the
location of adult-oriented businesses to operate in areas of the community
that, while accessible to their patrons, are located in districts that are
least likely to injure the general welfare of residents. Based upon the
findings and conclusions set forth in said studies, this Council hereby finds
as follows:
(a) Areas within close walking distance of single and multiple
family dwellings should be free of adult-oriented businesses;
(b) Areas where children could be expected to walk, patronize,
or recreate should be free of adult-oriented businesses;
(c) Adult-oriented businesses should be located in areas of
the City which are not in close proximity to residential uses, churches,
parks, and other public facilities and schools;
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DCA 93-01 - ADULT BUSINESS ESTABLISHMENT STDS.
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(d) The image of the City of Rancho Cucamonga as a pleasant
and attractive place to reside will be adversely affected by the presence of
adult-oriented businesses in close proximity to residential land uses,
churches, parks, and schools;
(e) Regulation of adult-oriented businesses should be
developed to prevent deterioration and/or degradation of the vitality of the
City before the problem exists, rather than in response to an existing
problem;
(f) Commercial areas of the City patronized by young people
and children should be free of adult-oriented businesses;
(g) Areas where students are walking to and from school should
be free of adult-oriented businesses so as not to be subjected to
confrontation with the existence of such businesses;
(h) Adult-oriented businesses should be regulated by zoning to
separate them from other dissimilar uses just as any other land use should be
separated from uses with characteristics different from itself;
(i) The location of adult-oriented businesses in proximity to
residential uses, churches, parks, and schools may lead to increased levels of
criminal activities, including prostitution, rape, incest, and assaults in the
vicinity of such adult-oriented businesses;
(j) The experience in numerous other cities has shown that the
location of adult-oriented businesses tends to degrade the quality of areas in
which they are located and cause a blighting effect upon the city;
(k) Location of adult-oriented businesses in close proximity
to residential uses, churches, parks, and schools will reduce retail trade to
commercial uses in the vicinity, thus reducing property values and tax
revenues to the city. Such adverse effects on property values will cause the
loss of some commercial establishments followed by a blighting effect upon the
commercial district within the city, leading to deterioration of the
commercial/economic quality of the city;
(1) Location of adult-oriented businesses within walking
distances of churches and other religious facilities will have an adverse
effect upon the ministry of such churches and will discourage attendance at
such churches by the proximity of such adult-oriented businesses;
(m) A reasonable regulation of the location of adult-oriented
businesses will provide for the protection of the image of the City of Rancho
Cucamonga and its property values, and protect the residents of the community
from the adverse effects of such adult-oriented businesses, while providing to
those who desire to patronize adult-oriented businesses an opportunity in
areas within the City which are appropriate for location of adult-oriented
businesses;
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(n) The initial location of adult-oriented businesses will
lead to the location of additional and similar uses within the same vicinity,
thus multiplying the adverse impacts of the location of adult-oriented
businesses upon residential uses, churches, parks, and schools and directly
cause adverse impacts upon the image and quality of the character of the
entire community; and,
(0) The above-referenced goals can be feasibly promoted and
adverse impacts avoided by adoption of this Ordinance.
(iii) The Planning Division of the City of Rancho Cucamonga has
conducted and completed a study of properties within the City of Rancho
Cucamonga as they will relate to the development propensities and
characteristics of adult-oriented businesses; the result of such study to
evaluate and recommend reasonable, prudent, and thorough regulations
concerning the location and operation of adult-oriented businesses in those
areas of the community that, while accessible to their patrons, best promote
the goals, findings, and policies set forth in subparagraph (ii) , above.
Prior to the adoption of this Ordinance, this Council has reviewed the
findings and data contained in such study (entitled "Land Use Planning Study,
September 1992") which study is incorporated herein by reference.
(iv) On November 10, 1993, the Planning Commission of the City of
Rancho Cucamonga conducted a duly noticed public hearing concerning the above-
referenced zoning ordinance amendment and, following the conclusion thereof,
adopted its Resolution No. 93-97, recommending that the City Council of the
City of Rancho Cucamonga adopt these amendments.
(v) On , 1993, this Council conducted and
concluded a duly noticed public hearing concerning the subject amendments to
the Development Code.
(vi) All legal prerequisites prior to the adoption of this Ordinance
have occurred.
B. Ordinance.
The City Council of the City of Rancho Cucamonga does ordain as follows:
SECTION 1. The City Council hereby specifically finds that all of the
facts set forth in the Recitals, Part A, of this Ordinance are true and
correct.
SECTION 2. The City Council of the City of Rancho Cucamonga hereby
finds that the project has been prepared and reviewed in compliance with the
California Environmental Quality Act of 1970, as amended, and the Guidelines
promulgated thereunder, and further, specifically finds that based upon
substantial evidence it can be seen with certainty that there is no
possibility that the proposed Ordinance will have a significant effect on the
environment and, therefore, the proposed Ordinance is exempt pursuant to State
CEQA Guidelines Section 15061 (b) (3) .
CITY COUNCIL ORDINANCE NO.
DCA 93-01 - ADULT BUSINESS ESTABLISHMENT STDS.
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SECTION 3. Sections 17.02.140 C.3, 17.10.030 B.2 and 17.10.030 F.1 of
the Development Code are hereby repealed.
SECTION 4. The Development Code is hereby amended to add a new Section
17.04.090, to be read, in words and figures, as follows:
Section 17.04.090 Adult Entertainment Business.
A. Purpose
1. It is the intent of these regulations to prevent problems of
blight and deterioration which can be brought about by the
concentration of adult entertainment businesses in close proximity
to each other or proximity to other incompatible uses such as
schools for minors, public parks, and residentially zoned
districts. The City Council finds that it has been demonstrated
in various communities that the concentration of adult
entertainment businesses causes an increase in the number of
transients in the area and an increase in crime and can cause
other businesses and residents to move elsewhere. It is,
therefore, the purpose of these regulations to establish
reasonable and uniform regulations to prevent the concentration of
adult establishments or their close proximity to incompatible
uses, while permitting the location of adult businesses in certain
areas.
B. Definitions
1. It is the intent of this Section that the definitions set forth in
the Development Code shall apply but only where they do not
conflict with any definition set forth in this Section.
2. Establishment of an Adult Entertainment Business. As used herein,
to "establish" an adult entertainment business shall mean and
include any of the following:
(a) The opening or commencement of operation of any such
business as a new business.
(b) The conversion of any existing business, whether or not an
adult entertainment business, to any adult entertainment
business as described herein.
(c) The addition of any adult entertainment business as defined
herein to any existing adult entertainment business if the
addition results in enlargement of the place of business.
For purposes of this paragraph, enlargement shall mean an
increase in the size of the building within which the
business is conducted by either construction or use of an
adjacent building or any portion thereof, whether located on
the same or an adjacent lot or parcel of land.
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3. Specified Anatomical Areas. As used herein, "Specified Anatomical
Areas" shall mean and include any of the following:
(a) Less than completely and opaquely covered human genitals,
pubic region, buttocks, anus, or female breast below a point
immediately above the tops of the areola; or
(b) Human male genitals in a discernibly turgid state, even if
completely and opaquely covered.
4. Specified Sexual Activities. As used herein, "Specified Sexual
Activities" shall mean and include any of the following:
(a) The fondling or other erotic touching, actual or simulated,
of human genitals, pubic region, buttocks, or female breast;
(b) Sex acts, actual or simulated, including act of sexual
intercourse, oral copulation, sodomy, or bestiality; or
(c) Masturbation, actual or simulated; or
(d) Excretory functions as part of or in connection with any of
the activities set forth in "a" through "c" above.
5. Adult Entertainment Establishment. An adult entertainment
establishment is any place of business in which one or more of the
following activities are conducted:
(a) Adult Book Store. A commercial establishment which, as a
regular and substantial part of its business, devotes
inventory or product lines (the term "product line" refers
to items which are all identical, such as numerous copies of
the same book or periodical) or display, shelf, rack, table,
stand or floor area used for the display and sale of the
following:
(1) Books, magazines, periodicals, or other printed
matter, or photographs, films, motion pictures, video
cassettes, slides, tapes, records, or other form of
visual or audio representation which are
characterized by an emphasis upon the depiction or
description of "Specified Sexual Activities" or
"Specified Anatomical Areas"; and/or
(2) Instruments, artificial devices, or paraphernalia
which are designed for use in connection with
"specified sexual activities."
(b) Adult Motion Picture Establishment. Shall mean a commercial
establishment with a capacity of 50 or more persons, used
for the presentation, exhibition, or display of films,
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motion pictures, video cassettes, slides, or similar
photographic reproductions projected on a screen, which are
distinguished or characterized by an emphasis on matter
depicting, describing, or relating to "Specified Sexual
Activities" or "Specified Anatomical Areas."
For purposes of this subsection and subsections c, d, e, f,
g, h, and 1, "substantial portion of the total presentation
time" shall mean a regular and substantial course of
conduct.
(c) Adult Mini-Motion Picture Theater. Shall mean a commercial
establishment with a capacity of more than 5 but less than
50 persons, used for the presentation, exhibition, or
display of films, motion pictures, video cassettes, slides,
or similar photographs reproductions projected on a screen,
and in which a substantial portion of the presentation time
is distinguished or characterized by an emphasis on matter
depicting, describing, or relating to "Specified Sexual
Activities" or "Specified Anatomical Areas. "
(d) Adult Motion Picture Arcade. Any place to which the public
is permitted or invited wherein coin or slug-operated or
electronically, electrically, or mechanically controlled
still or motion picture machines, projectors, or other
image-producing devises are maintained to show images to
five or fewer persons per machine at any one time, in which
a substantial portion of the total presentation time of the
images so displayed are distinguished or characterized by an
emphasis on depicting or describing "Specified Sexual
Activities" or "Specified Anatomical Areas. "
(e) Adult Drive-In Theater. An open lot or part thereof, with
appurtenant facilities, devoted primarily to the
presentation of motion pictures, films, theatrical
productions, and other forms of visual productions, for any
form of consideration to persons in motor vehicles or on
outdoor seats, in which a substantial portion of the total
presentation time of the material being presented is
distinguished or characterized by an emphasis on matter
depicting, describing, or relating to "Specified Sexual
Activities" or "Specified Anatomical Areas" for observation
by patrons.
(f) Adult Cabaret. A nightclub, bar, restaurant, or similar
establishment during which a substantial portion of the
total presentation time features live performances which are
distinguished or characterized by an emphasis on "Specified
Sexual Activities" or by exposure of "Specified Anatomical
Areas" and/or feature films, motion pictures, video
cassettes, slides, or other photographic reproductions which
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are distinguished or characterized by an emphasis upon the
depiction or description of "Specified Sexual Activities" or
"Specified Anatomical Areas" for observation by patrons.
(9) Adult Motel or Hotel. A hotel or motel, or similar
commercial establishment offering public accommodations for
any form of consideration which provides patrons with
closed-circuit television transmissions, films, motion
pictures, video cassettes, slides, or other photographic
reproductions, a substantial portion of the total
presentation time of which is distinguished or characterized
by an emphasis upon the depiction or description of
"Specified Sexual Activities" or "Specified Anatomical
Areas" for observation by patrons.
(h) Adult Theater. A theater, concert hall, auditorium, or
similar commercial establishment either indoor or outdoor in
nature which, for any form of consideration, regularly
features live performances, a substantial portion of the
total presentation time of which is distinguished or
characterized by an emphasis on "Specified Sexual
Activities" or "Specified Anatomical Areas" for observation
by patrons.
(i) Adult Model Studio. Any establishment open to the public
where, for any form of consideration or gratuity, figure
models who display "Specified Anatomical Areas" are provided
to be observed, sketched, drawn, painted, sculptured,
photographed, or similarly depicted by persons, other than
the proprietor, paying such consideration or gratuity.
This provision shall not apply to any school of art which is
operated by an individual, firm, association, partnership,
corporation, or institution which meets the requirements
established in the Education Code of the State of California
for the issuance or conferring of, and is in fact authorized
thereunder to issue and confer, a diploma.
(j) Sexual Encounter Establishment. A commercial establishment,
other than a hotel, motel or similar establishment offering
public accommodations which, for any form of consideration,
provides a place where two or more persons may congregate,
associate or consort in connection with "Specified Sexual
Activities" or the exposure of "Specified Anatomical Areas. "
This definition does not include an establishment where a
medical practitioner, psychologist, psychiatrist, or similar
professional person licensed by the state of California
engages in sexual therapy.
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(k) Body Painting Studio. Any establishment or business which
provides the service of applying paint or other substance
whether transparent or nontransparent to or on the human
body when such body is wholly or partially nude in terms of
"Specified Anatomical Areas."
(1) Other Adult Entertainment Businesses. Any other business or
commercial establishment not herein defined:
(1) Wherein for any form of consideration the
establishment provides entertainment to patrons in
which a substantial portion of the total presentation
time is characterized by an emphasis on depicting,
describing, or relating to "Specified Sexual
Activities" or "Specified Anatomical Areas"; or
(2) Which devotes more the 50 percent of the total area
used for display of its stock in trade to items,
instruments, and paraphernalia which are describing
or relating to "Specified Sexual Activities. "
C. Areas for Adult Entertainment Establishments - Development Standards
Adult entertainment establishments are permitted only in those areas of
the City within the boundaries of the Industrial Area Specific Plan
located east of Haven Avenue and south of Foothill Boulevard; and as
further consistent with the proximity requirements of this Section.
The development standards applicable to the establishment of an adult
entertainment business shall be as set forth in the Development Code
for a District and use most comparable to the proposed adult
entertainment business, as determined by the City Planner.
D. Minimum Proximity Requirements
No adult entertainment establishment shall be established within
specified distances of certain specified land uses as set forth below:
1. No such establishment shall be established within 1,500 feet of
any other adult entertainment establishment.
2. No such establishment shall be established within 1,500 feet from
any existing residential dwelling, residentially zoned property,
church or similar place of worship, school or day care facility
(public or private) , park or playground, recreational facility,
hospital, public buildings (i.e. , City Hall, County offices,
courthouse, libraries, etc. ) , and the right-of-way on the
following: Haven Avenue, Milliken Avenue, 4th Street, Foothill
Boulevard and I-15 Freeway.
E. Measurement of Distance Between Uses
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The distance between any two adult entertainment establishment shall be
measured in a straight line, without regard to intervening structures,
from the closest exterior structural wall of each business. The
distance between any adult entertainment establishment and any school,
public park, or residential zone, etc. , shall be measured in a straight
line, without regard to intervening structures, from the closest
exterior structural wall of the adult entertainment business to the
closest property line of the school, public park, or residential zone,
etc.
F. Closed Viewing Areas
No adult use or adult entertainment business shall maintain closed
areas, booth, cubicles, rooms, or other areas within its place of
business that are used, designed, or furnished for private sexual
activity. No nudity or sexual activities by customers shall be allowed
on the premises. All portions of the premises shall be available by
access and visual inspection at all times by any City inspectors
standing at the front door (not to include existing and approved rest
room facilities) .
G. Adult Entertainment Zoning Permit Required
It shall be unlawful to establish or operate, or cause or permit to be
operated, any adult entertainment establishment without first obtaining
an adult entertainment zoning permit from the City Planner.
H. Permit Application
1. Any person, association, partnership, corporation or other entity
desiring to obtain an adult entertainment zoning permit shall file
an application with the City Planner on a form provided by the
City Planner. The application shall be accompanied by a
nonrefundable application processing fee in the amount established
by City Council resolution.
2. The application for a permit shall contain the following
information:
(a) The name, address, and telephone number of the applicant.
If the applicant is a corporation, the applicant shall set
forth the name of the corporation exactly as shown in its
article of incorporation and the names and addresses of the
officers, directors, and each stockholder owning more than
10 percent of the stock of the corporation. If the
applicant is a partnership, the applicant shall set forth
the name and residence address of each of the partners,
including limited partners. If one or more of the partners
is a corporation, the provision of this Section pertaining
to a corporate applicant shall apply. The applicant
corporation or partnership shall designate one of its
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officers or general partners to act as its responsible
managing officer.
(b) Name, address, and telephone number of the person who shall
manage and operate the establishment for which the permit is
requested. The name and address of a person authorized to
accept service of legal notices.
(c) The proposed business name of the adult entertainment
establishment and description of the type of adult
establishment.
(d) Street address of the proposed adult entertainment
establishment and the tax assessor's parcel number of the
property.
(e) A plot plan for the property depicting the location of the
building housing the adult entertainment establishment on
the property.
(f) If the adult entertainment establishment was in existence as
of the effective date of these regulations, the date the
establishment first commenced operation.
(g) Any other information reasonably necessary to accomplish the
purposes of these regulations.
3. Referral to Other City Departments. The City Planner may refer
the application to other City departments to determine whether the
premises where the adult entertainment establishment is located,
or will be located, complies with the City's building, health,
zoning and fire ordinances or other applicable ordinances or
laws. City departments may conduct an inspection of the premises
to determine compliance with the ordinances and laws they
administer.
4. Action on Application. The City Planner shall determine whether
to grant or deny the permit within 30 working days after receipt
of a complete application.
I. Grounds for Permit Denial/Revocation
1. The City Planner shall approve the permit unless he or she
determines from a consideration of the application, City
inspection of the premises, or other pertinent information that:
(a) The information contained in the application or supplemental
information requested from the applicant is false in any
material detail.
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(b) The proposed location of the adult entertainment business
would not comply with the requirements of Section C or D.
(c) The operation of the adult entertainment business is or
would be in violation of one or more provisions of these
regulations.
(d) The premises where the adult entertainment business is or
will be located does not comply with all applicable laws,
including, but not limited to, the City's building, health,
zoning, and fire ordinances.
(e) That a permit to operate the adult entertainment
establishment has been issued to the applicant, a partner of
the applicant, or a stockholder of the applicant which
stockholder owns more than 10 percent of the applicants'
corporate stock, which permit has been suspended and the
period of suspension has not yet ended.
J. Permit Conditions
The City Planner may condition the issuance of an adult entertainment
zoning permit by imposing reasonable conditions to ensure compliance
with these provisions and other sections of the Rancho Cucamonga
Municipal Code.
K. Sale or Transfer of Business
No adult entertainment permit may be sold, transferred, or assigned by
the permittee, or by operation of law, to any other person or persons;
and any such sale, transfer, or assignment, or attempted sale,
transfer, or assignment, shall be deemed to constitute a voluntary
surrender of such permit and such permit shall thereafter be deemed
terminated and void; provided and excepting, however, that if the
permittee is a partnership and one or more of the partners should die,
one or more of the surviving partner may acquire, by purchase or
otherwise, the interest of the deceased partner or partners without
effecting a surrender or termination of such permit and in each case
the permittee shall thereafter be deemed to be the surviving
partner(s) . One or more proposed partner(s) in a partnership granted a
permit hereunder may make application to the City Planner, together
with the fee established by the City Council therefore, to amend the
original application providing all information as required for partners
in the first instance and, upon approval thereof, the transfer of the
interests of one or more partners to the proposed partner or partners
may occur. If the permit is issued to a corporation, the permit shall
be deemed terminated and void if stock is sold, transferred, issued, or
assigned to a person not listed on the application as a stockholder;
provided, however, the proposed transferee may submit to the City
Planner, together with a fee established by the City Council, an
application to amend the original application providing all information
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as required for stockholders in the first instance, and upon approval
thereof, the transfer may then occur.
L. New Permit Required
The permittee must apply for a new adult entertainment permit as
follows:
1. Prior to any change in the location of the adult entertainment
establishment.
2. Prior to the conversion of any existing adult entertainment
establishment to any other type of adult entertainment
establishment as described herein.
3. Prior to any change in the business name of the adult
entertainment establishment.
4. Prior to the enlargement of an existing adult entertainment
establishment.
M. Display of Permit
Each person to whom or for whom a permit has been granted shall display
said permit in a conspicuous place within the adult entertainment
establishment so the same may be readily seen by persons entering the
premises.
N. Violation and Penalties
1. Criminal Violation.
It shall be unlawful for any person, firm, partnership, or
corporation to violate any provision or to fail to comply with any
of the requirements of this Section. Any person, firm,
partnership, or corporation violating any provision of this
Section or failing to comply with any of its requirements shall be
deemed guilty of a misdemeanor; and upon conviction thereof, shall
be punished by a fine not exceeding One Thousand Dollars ($1,000)
or by imprisonment not exceeding six months, or by both such fine
and imprisonment. Each such person, firm, partnership, or
corporation shall be deemed guilty of a separate offense for each
and every day or any portion thereof during which violation of any
of the provisions of this Section is committed, continued, or
permitted by such person, firm, partnership, or corporation, and
shall be deemed punishable therefore as provided in this Section.
2. Civil Remedies Available.
A violation of any of the provisions of this Section shall
constitute a nuisance and may be abated by the City through civil
CITY COUNCIL ORDINANCE NO.
DCA 93-01 - ADULT BUSINESS ESTABLISHMENT STDS.
Page 13
process by means of restraining order, preliminary or permanent
injunction, or in any other manner provided by law for the
abatement of such nuisance.
SECTION 5. Section 17.10.0308 of the Development Code is hereby amended
to add to the "Uses Table" a reference to "Massage Establishments" subject to
the conditional use permit process, in only the General Commercial District.
SECTION 6. If any Section, subsection, sentence, clause, phrase, or any
portion of this Ordinance is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction or
preemptive legislative, such decision or legislation shall not effect the
validity of the remaining portions of this Ordinance. The City Council of the
City of Rancho Cucamonga hereby declares that it would have adopted this
Ordinance and each Section, subsection, sentence, clause, phrase, or portion
therefore irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions is preempted or it declared invalid
or unconstitutional.
SECTION 7. The Mayor shall sign this Ordinance and the City Clerk shall
cause the same to be published with fifteen (15) days after its passage at
least once in the Inland Valley Daily Bulletin, a newspaper of general
circulation published in the City of Ontario, California, and circulated in
the City of Rancho Cucamonga.