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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; CITY COUNCIL ORDINANCE NO. DCA 93-01 - ADULT BUSINESS ESTABLISHMENT STDS. Page 2 (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; CITY COUNCIL ORDINANCE NO. DCA 93-01 - ADULT BUSINESS ESTABLISHMENT STDS. Page 3 (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. Page 4 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. CITY COUNCIL ORDINANCE NO. DCA 93-01 - ADULT BUSINESS ESTABLISHMENT STDS. Page 5 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, CITY COUNCIL ORDINANCE NO. DCA 93-01 - ADULT BUSINESS ESTABLISHMENT STDS. Page 6 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 CITY COUNCIL ORDINANCE NO. DCA 93-01 - ADULT BUSINESS ESTABLISHMENT STDS. Page 7 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. CITY COUNCIL ORDINANCE NO. DCA 93-01 - ADULT BUSINESS ESTABLISHMENT STDS. Page 8 (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 CITY COUNCIL ORDINANCE NO. DCA 93-01 - ADULT BUSINESS ESTABLISHMENT STDS. Page 9 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 CITY COUNCIL ORDINANCE NO. DCA 93-01 - ADULT BUSINESS ESTABLISHMENT STDS. Page 10 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. CITY COUNCIL ORDINANCE NO. DCA 93-01 - ADULT BUSINESS ESTABLISHMENT STDS. Page 11 (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 CITY COUNCIL ORDINANCE NO. DCA 93-01 - ADULT BUSINESS ESTABLISHMENT STDS. Page 12 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.