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HomeMy WebLinkAbout2012/11/01 Item 01 - ordinance regulating sexually oriented businesses AN ORDINANCE REGULATING THE LICENSING AND OPERATIONAL STANDARDS FOR SEXUALLY ORIENTED BUSINESSES AND PERFORMERS Presented to City Council of the City of Chula Vista Deborah J. Fox November 1, 2012 633 West Fifth Street, Suite 1700 Los Angeles, CA 90071 213.626.2906 www.meyersnave.com 2011, Meyers Nave Riback Silver & Wilson. All rights reserved. © Purpose and Intent of Proposed Amendments Update and refine the City’s permitting regulations as to (1) sexually oriented businesses (SOB) and licensing of performers; Mitigate and reduce the judicially recognized potential adverse (2) secondary effects of adult businesses including crime, neighborhood blight, and the spread of sexually transmitted diseases; Protect quality of life and neighborhoods in the City, the City’s (3) retailand commercialtrade, local property values, and minimize the potential for nuisances related to the operation of adult businesses; 2 Purpose and Intent (continued) protect the peace, welfare and privacy of persons (4) who own, operate and/or patronize adult businesses; and minimize the potential for nuisance related to the (5) operation of adult businesses. 3 Legal Basics/ Constitutional Constraints Adult businesses, such as adult bookstores, adult  videos stores, and adult cabarets, engage in activities recognized as protected speech under the First Amendment of the United States Constitution. For example, nude dancing has been found by the  U.S. Supreme Court to be on the outer margins of protected activity. See Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991). 4 Legal Basics/ Constitutional Constraints cont. As providers of protected First Amendment speech,  the courts have uniformly ruled that these types of adult businesses cannot be banned. Adult businesses can be regulated.  May impose reasonable time, place and manner  restrictions. 5 Legal Basics/ Constitutional Constraints cont. Content neutral regulations versus content based  restrictions Content neutral provisions are aimed at protecting  governmental interests unrelated to speech content Instead are focused on regulations that are applied  to all types of commercial uses for purposes of furthering the public health, safety and welfare – such as traffic restrictions, noise limitations. 6 Permitting and Operational Standards Restricting hours of operation; (1) Lighting requirements (interior and exterior); (2) Precluding direct touching between patrons and (3) performers of live sob entertainment establishments; Requiring that performers and patrons maintain a (4) six (6) foot distance separation; Precluding direct tipping and/or payment for live (5) sob performers; 7 Permitting and Operational Standards cont. Requiring a fixed stage with a barrier or rail; (6) Separate entrances; (7) Separate restrooms; (8) No doors on adult video arcade booths; and (9) Unobstructed view of the interior of the premises (10) of an adult use business. 8