HomeMy WebLinkAboutOrd 2014-3315 ORDII�'ANCE N0. 3315
ORDI?�'.A.�'CE OF THE CITI' OF CHUL.4 V"ISTA AI�4ENDI?vG
CI-L4PTER 9.li OF THE CHUL.A \'IST.A A4UNICIP.AL CODE
REGULATII�'G THE LICEt�'SIt�'G AND OPERATIOTTAL
ST.4_�iDARD FOR SE?CUALLI' ORIE?�'TED BUSI?vESS
W�IEREAS_ the City of Chula \rista has certain permittine provisions found in Chapter
9.13 for se�uall�� oriented businesses that aze in need of updating and refinement. The Cit��
Council tal:es leaislati��e notice of the full complement of supportine evidence as to the
secondarv effects of sexually oriented businesses. Accordingly. the Ciri- mal:es the follo�ine
findinss and enactments.
I�'OR'. THEREFORE, the Cit�� Council of the Cin� of Chula Vista does herebv ordain as
follo��s:
SECTION 1. FINDINGS.
A. The Ciri� Council finds that it is necessarv and appropriate to amend Chapter 9.li
to add, refine and update the pro��isions pro��iding licensine and operational standazds for adult
businesses operatine within the Cin of Chula Vista (`the Ciri-'). The public health, safet�� and
���elfaze of the Cin� and its residents require the enactment of this Ordinance and such operating
standards for sesuall�� oriented businesses in order to: (1) mitigate and reduce the judiciall}�
recognized potential adverse secondan� effects of sexually oriented businesses. including but not
limited to crime the pre��ention of blieht in neishborhoods and the increased threat of the spread
of sesuallv transmitted diseases (2) protect the qualit�� of life and neiehborhoods in the Citv; the
Cin�`s retail and commercial trade, and local propem� values, and minimize the potential for
nuisances related to the operation of sexuall�� oriented businesses.
B. The Citv Council finds that the re��isions to the Cin�'s A4unicipal Code
implemented bv this Ordinance aze necessary in order to respond to recent developments ���ithin
the rewiation of adult uses and case la�� and in order to preserve the Cit�� from the potentia]
ad��erse secondan� effects of sesuall�� oriented businesses, includine crime, the protection of the
City's retail trade, maintena�ce of propert}� ��alues: protectin� and presen�in� the quality of the
Ciri-`s neighborhoods and the Cit}�'s commercial districts, the protection of the Cin� s quali[�� of
life. and the increased threat of the spread of se�ually transmitted diseases and the protection of
the peace, welfare and pri��ac}� of persons ���ho patronize adult businesses based on the
referenced studies and the findings set forth herein. Specificalh�, the re��isions and amendments
to A4unicipal Code Chapter 9.li included in this Ordinance are essential and necessary to ensure
the orderl}� implementation of adult use reeulations �+�ithin the Cit�� b.� amendino and refinins
various permitting and operatine pro��isions in the Municipal Code to improve the Cin`s
re�ulation of sexuall} oriented businesses, and therebv ensure the immediate preservation of the
public peace. health. safetv and general ���elfaze in the City of Chula Vista.
Ordinance No. 3315
Page No. 2
C. On Ju]}� 8, 2014. the Citv Counci] held a public meeting durine which it
considered the adoption of this Ordinance.
D. The Cit}� Council; in adopting this Ordinance, takes ]egislative notice of the
eaistence and content of the folloN�ins studies concerning the adverse secondary side effects
of sexuall}� oriented businesses in other cities: Austin, Texas (1986): Indianapolis, Indiana
(1984); Garden Grove. Califomia (1991); Seattle; Washington (1989); Houston, Te�as
(1997); Phoenix, Arizona (1979): Tucson, Arizona (1990); Chattanooea. Tennessee (2003);
Los Angeles. Califomia (1977); Vdhittier; California (1978); Spokane, Washineton (200]);
St. Cloud, Minnesota (1994); Littleton, Colorado (2004); Oklahoma City, Oklahoma (1986);
Dallas, Texas (1997 and 2007); Ft. Worth, Texas (2004); Kennedale, Teaas (200�);
Greensboro. North Carolina (2003); Amarillo; Texas (1977); Cleveland, Ohio (1977):
Newport Ne��s, Vireinia (1996): Jackson County; Missouri (2008); Louisville, Kentuck�-
(2004); New York. I�'e��� York Times Squaze (1994); Beaumont. Texas (1982); the Report
of the Attorney General�s VJorking Group On The Regulation Of Sexually Oriented
Businesses (June 6. 1989; State of Minnesota); "Rural Hotspots: The Case of Adult
Businesses, ' 19 Criminal .Tustice Policy Review 153 ' (2008); "Correlates of Current
Transactional Sex among a Sample of Female Exotic Dancers in Baltimore, MD," Joumal of
Urban Health (2011); "Stripclubs According to Strippers: Exposing Warkplace Sexual
Violence," by Kelly Holsopple. Program Director, Freedom and Justice Center for
Prostitution Resources; A�inneapolis; Minnesota; A Methodological Critique of the Linz-
Paul Report: A Report to the San Diego City Attorney's Office (2003); Sexually Oriented
Businesses: An Insider's View — Testimony of David Sherman before the Michigan
House Committee on Ethics and Constitutional Law (2000); Closin' Time: Effective
Reeulation of Adult Businesses' Hours of Operation, by Scott Bergthold (2000);
Summaries of Key Reports Conceming the Negative Secondary Effects of Sexually
Oriented Businesses, by Louis Comus III (2001); Peep Show Establishments, Police
Activity, Public Place and Time: A Study of Secondazy Effects in San Diego, California
by Daniel Linz et al. (2006); and Do Peep-shoN�s "Cause" Crime? A response to Linz;
Paul, and 1'ao. by Richard McCleary e1 aL (2006). The City Council finds that these
studies aze relevant to the problems addressed by the City in enacting this Ordinance to
reeulate the adverse secondazv side effects of sexuallv oriented businesses, and more
specifically finds that these studies provide convincing evidence thaL•
1. Sezually oriented businesses, as a category of commercial uses; are
associated with a ���ide variety of adverse secondary effects including. but not limited to,
personal and property crimes, prostitution, potential spread of disease, lewdness, public
indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surzounding
properties. urban blight, ]itter, traffic, noise, and seaual assault and exploitation.
2. The studies from other cities establish by convincing evidence that
sexuall�� oriented businesses that are not regulated �vith operating standards often have a
deleterious effect on nearbv businesses and residential areas, causine, amon� other
adverse secondarv efFects, an increase in crime and a decrease in propertv values.
Regulations for seauall�� oriented businesses should be developed to prevent deterioration
and/or deeradation of the vitalit�� of the community before the problem esists, rather than
waiting for problems to be created.
Ordinance No. 3315
Page No. 3
E. In de�elopin_ this Ordinance, the Cit�� Council is mindful of legal
principles relating to reQulation of sezuall�- oriented businesses. and the Cit�� Council does
not intend to suppress or infrinae upon an� e�pressive activities protected b�� the First
.4mendment of the linited States and Califomia Constitutions but instead desires to enact
reasonable time, place, and manner rewlations that address the adverse secondarv effects
of sexuaih oriented businesses. The Citv Council has considered and tal:es leeislative notice
of the:
1. Decisions of the United States Supreme Court regazdine local regulation
of sexuall�� oriented businesses includins. but not limited to: Cirn of Lialeton r. Z.J Gifts D-
a. L.L.C., �41 li.S. 774 (200�); Cin- of Los .4rtgeles v. .4lameda Bookr. Inc.. �3� U.S. 42�
(2002); Cin, of Erie i�. Pap's .9.M, �29 U.S. 277 (2000); Cirv of Renron i. Plm��ime Thearres.
/nc.. �7� U.S. 41 (1986); }'oung v. .4merican Mini Theatres, �27 U.S. �0 (1976); Burnes r.
Glen Theatre. b�c.. �O] U.S. �60 (199]); California v. LaRue. 409 U.S. 109 (1972); N.}' State
Liquor .4ulltorin- i. Bellunca; 4�2 U.S. 714 (1981); Sei��ell v. Georgia, 43� U.S. 982 (1978);
Fii�/PBS. Inc. v. City of Dallas. 493 U.S. 21� (1990); Cirv of Dullas r. Stanglin, 490 U.S. 19
(1989).
2. Decisions of the I�'inth Circuit Court of Appeals addressing seauall}�
oriented businesses including but not limited to: .4lameda Books. Inc. v. Cirv of Los Arigeles,
631 F3d ]031 (9th Cir. 2011); Fantas-i�land Video, Inc. v. County of San Diego, �0� F..id
996 (9th Cir. 2007); Tollis. Inc. v. Counh� of San Diego, �0� F.3d 93� (9th Cir. 2007);
Gammoh v. Ciry of La Habra, 39� F3d ll 14 (9th Cir. 200�), amended 402 F.3d 87�. cert.
denred 126 S.Ct. 274; World Wide I%rdeo of [i'ashing�on, Inc. i�. Cih� of Spokane. 368 F3d
1186 (9th Cir. 2004); Dream Palace v. Counq� of!Ylaricopa, 384 F3d 990 (9th Cir. 2004);
Talk of the To�rn v. Departmem of Finance and Business Services, 343 F3d 1063 (9th Cir.
2003); Cen�er For Fair Public Policv i�. Maricopa Counh�, 336 F3d ll�3 (9th Cir. 2003);
Deju Yu-Everetr-Federal [i%av. Inc. v. Cirv of Federal I�i%m�. 46 Fed.Appx. 409 (9th Cir.
2002); Clark r. Cih� of Luke�+�ood: 2�9 F3d 996 (9th Cir. 2001); Isbell i�. Ciry of Sm�
Diego; 2�8 F.3d 1108 (9th Cir. 2001); Isbell i�. Cin- of Sm1 Diego. 4�0 F.Supp.2d 1143
(S.D. Cal. 2006); Baby Tum & Co.. Inc v. City of Las Yegas, 1�4 F.3d ]097 (9th Cir. 1998)
(Babv Tam n; Baby Tam d Co. r. Las V"egas. 199 F3d 11 I 1 (9th Cir. 2000) (Baby Tam II);
Babv Tam d Co. r. Las I%egas. 247 F3d 1003 (9th Cir. 2001) (Baby Tam Iln; Diamond i�.
Cin� of Taft, 21� F3d 10�2 (9th Cir. 2000), cert. denied �31 U.S. 1072 (2001); L.J
Concepts. Inc. i�. Crro of Phoe�7ix. 21� F.3d 1333 (9th Cir. 2000); Lim i. Citv of Lo��g Beach.
217 F.3d ]0�0 (9th Cir. 2000). cerr. denied 121 S.Ct. 1189 (2001); }'oung v. Cin� of Simi
I�allev, 216 F3d 807 (9th Cir. 2000). cert. denied �31 U.S. 1104 (2001); 480.i Convov. Lu.
i�. Citv of Sun Diego, 183 F.3d 1108 (9th Cir. 1999); Colacurcio i�. Cin, of Kent, 163 F3d
�4� (9th Cir. 1998), cert. denred �29 U.S. 10�3 (2000); North r. Citv of Gilroi�. 78 F.3d �9�
(9th Cir. 1996); Spokane .Arcade. Inc. v. Cih- of Spokane; 7� F.3d 663 (9th Cir. 1996);
Topm��a Press. Inc. v. Cin� of Los Angeles, 989 F?d 1�24 (9th Cir. 1993), cert. denied �11
U.S. ]0�0 (1994): Kei•, hac. ic I�itsap Counn,, 793 F?d 10�3 (9th Cir. 1986); and Li�do Ent. r.
Las 1%egas. 74� F?d 1211 (9th Cir. 1984).
Ordinance No. 3315
Page No. 4
�. Decisions from other Circuit Court of Appeals addressing seauall��
oriented businesses including the following: Imuginm.v Imuge,s. Inc. v Evans, 612 F3d 736
(4th Cir. 2010): Docror .lohn :c, Lac. r. Cih� of Rop, 465 F.�d 11�0 (l0th Cir. 2006): LLEK
Inc. r Wichi�u Counq-. 289 F3d 35S (Sth Cir. 2002): Ocello i�. Kosler; 3�4 S.W..id 187 (Mo.
2011); 8=7 Vidco/n'ei+ss�und. I�ic. v. Sartini, 455 Fed.Appx. 541 (6th Cir. 2011); Flanigan:r
Enler.r., Inc. r. Ft�l/nn Counh-. �96 F.3d 1265 (] lth Cir. 2010); Entn7Y Pr•ods.. b7c. r. Shelby
Courzh�, �88 F..id 372 (bth Cir. 2009); Sensatio�as, b�c. r. Citl� of Grand Rapids, �26 F.3d
291 (6th Cir. 2008); Ben :c BGl', IpC. 1'. VIIIGgC of Somerse�, 316 F3d 702 (7th Cir. 2003):
SOB, /nc. r. County �f Benion, 317 F3d 856 (8th Cir. 2003): DiMu Corp. r. Town �f
Hul/re, 18� F3d 823 (7th Cir. 1999); Ricltlu�ad Bookmurl, Inc. >>. AJichols, li7 F.3d 43�
(6th Cir. 1998); Tee & 13ee r. Cih� of N�es� Allis. 936 F.Supp. 1479 (E.D. Wis. 1996);
A'arionul .4musements. Inc. r. Toi+-�1 qr Dedhum, 43 F.3d T 1 (lst Cir. 1995); Peek-a-Boo
Lounge r. A�unulee Coun�y, 630 F.�d 1346 (] lth Cir. 2011); Duylonu Grund, Inc. r. Ciry of
Dai�tona Beach; 490 F3d 860 (] ]th Cir. 2007); HK.9 La�ad Cnrp. i�. Ciry of Keimedale, 480
F3d 336 (�th Cir. 2007); Ha��g Orz. Inc. i�. Cit}� or.Ar•lrregto�7, 6� F3d 1248 (�th Cir. 199�);
Farvast� Ranch. Inc. ». Cih� of.9r-lingloi�, 4�9 F.3d 546 (Sth Cir. 2006); G.M Er�terprises.
Inc. r. To1rn qf St. Joseph. 3�0 F.�d 631 (7th Cir. 2003); Richland Boo�mart, Lac. i�.
Knoa Couiary; »> F3d 512 (6th Cir. 2009); TK's Video. Inc v. Defslon Countv. Tex., 24
F.3d 70� (�th Cir. Tex. 1994); Mitchell i�. Comnzission o�7 Aduh Enler/ainment, 10 F3d 123
(3rd Cir. 1993); Lukelund Lounge v. Ciq� of Juckso��>>ille, 973 F.2d 12�5 (Sth Cir. 1992),
cert. denied �07 U.S. ]030 (1993); Inlernutionul Euleries i�. Br-oN�ar•d Coiazq�, 941 F.2d11�7
(l lth Cir. 1991), cer1. denied 503 U.S. 920 (1992); Siar Sulellite. Inc. v. Ci1v of Biloxi; 779
F.2d 1074 (�th Cir. 1986); A'. W. Enlerprises, Lzc. v. Ciq of Houston, 372 F3d 3�3 (�th
Cir. 2004). DLS, bzc. v. Cin� of Chaaa�aoogu, ]07 F.�d 403 (6th Cir. 1997); and A!id'.
Enteiprises. Inc. v. Cih, ofHouslon, 352 F3d 162 (�th Cir. 2003).
4. Decisions from the California state courts addressing sezually
oriented businesses including: dladain r. Cih� of Stunlo�a, 185 Ca1.App.4th 1277 (2010);
I�ront_ r. Ciry ofSun Diego, 136 Cal.App.4th 1 ]26 (2006); Lacy Sn�eei Hospitalin� Sen�ice.
/nc. i�. Cin- of Los Angeles. 12� Ca1.App.4th 526 (2004); Departmenl of .4lcoholic
Beveruge Conlrol v. Alcolio/ic Bei�eruge Coi�h�ol Appeuls Boa�•d and Renee Vica�y. Real
Party rn hueresl, 99 Cal.App.4th 880 (2002); Tilv B., Lu• r. Crtv of Neu-port Beach, 69
Cal.App.4th 1 (1998); Su�7dunce Suloon, h�c. r. Ciq� of Su�a Diego, 2li Ca1.App.3d 807
(1989); 79iS Coi�a�arion n. Pitchess. 41 Ca1.App.�d 42 (1974); Delure Theater d
Books�a•e, bic. r. Ci(v of Sun Diego, 17� Ca1.App3d 980 (198�): E.10'A.P.. Irac. r. Cih� of
Los ,4ngeles; �6 Ca1.App.4th 310 (1997); Cily of Vallzjo v. Adul1 Books, 167 Ca1.App3d
1169 (198�), cer�. denied 47� U.S. 1064 (1986); Ci�� o/ A%ational Ciry r. K'iener; 3
Ca1.4th 832 (1992), cei7. de�7ied �10 U.S. 824: and People i�. Sz�perior Cour� (Lucero). 49
Ca1.3d 14 (1989).
F. Each of the fore�oing negative secondary effects constitutes a harm ���hich
the Citv has a substantial govemment interest in preventing and/or abatine. This substantial
eovemment interest in pre��entin� secondary effects, ti�hich is the City`s rationale for this
Chapter; e�ists independent of any comparative analysis bet�veen se�uall}� oriented and
non- se�uall�� oriented businesses. Additionally, the Citv�s interest in reoulatine sesuallv
oriented businesses extends to preventing future secondar}� effects of either current or
future sesualh� oriented businesses that mav locate in the Citv. The Citv finds that the cases
Ordinance No. 3315
Page No. 5
and documentation relied on in this Chapter aze reasonabh� believed to be rele��ant to said
secondary effects. Copies of these cases and documentacion relating to secondaz�� effects
associated Nith seauall�� oriented businesses aze on file in connection ti�ith Ordinance Nos.
3239 and 3241 which ���ere adopted b�� the Cit�� in ?�ovember 2012.
G. The Cit}• Council also finds that locational criteria alone do not adequatelp
protect the health, safet��. and general H�elfare of the citizens of Chula Vista. and thus cenain
requirements �vith respect to the o��mership, operation and licensina of sesuallv oriented
businesses are in the public interest. [n addition to the findings and smdies conducted in
other cities reeazding increases in crime rates, decreases in propem values and the blishtine
of azeas in Nhich such businesses are located. the Citv Cou�cil tal:es ]eeislative notice of the
follo��ing: (1) the facts recited in the case of Keit Inc. r. Kitsap Counn�, 793 F.2d 10�3
(9th Cir. 1986); regazding ho�� li��e adult entertainment results in secondaz�� effects such
as prostitution, drue dealine, and other la�� enforcement problems. and (2) the facts and
holding of the case of Gammoh r. Ciry of La Habra, 39� F.3d 1114 (9th Cir. 200�).
amended 402 F.3d 87�. cer�. denied 126 S.Ct. 374. ���herein the I�'inth Circuit recoenized
that off stage performances b�� performers w�ho also perform nude andlor semi-nude at a
se�uall�� oriented establishment can cause the same secondar�� effects as other acti��ities
documented in studies and case la��� resardine sexualh� oriented establishments. even if the
performer is clothed and the estabiishment does not sen�e alcohol.
H. Rel��ne on the follo���ine, the Cit�� finds that sesuallv oriented businesses in
its communit}� may lead to detrimental secondar�� effecu including prostitution and
engaeement in unlawful sexual activit��. The Cit}� bases this conclusion on the experiences
of Chula Vista. as �tiell as that of other Califomia communities. such as La Habra and
Arcadia, tifiich the City has a reasonable basis to belie��e reflect the experiences of its o��m
communitv_ including numerous police reports and affida��its from those communities. and
judicial decisions in the public record:
1. E��idence indicates that some dancers. models. entertainers.
performers, and other persons �+�ho publicly perform specified sexual acti��ities or publich�
displa}� specified anatomica] areas in sexuall�� oriented businesses (collectivel�� referred to as
"performers") have been found to eneaee in sexua] acti��ities H�ith patrons of sexually oriented
businesses on the site of the sexuallv oriented business.
2. Evidence has demonstrated that performers employed by se�ualh�
oriented businesses have been found to offer and pro��ide pm�ate sho���s to patrons H�ho, for
a price, are permitted to observe and participate H�ith the performers in live ses shoH�s.
3. Evidence indicates that performers at se�uall�� oriented businesses
have been found to engage in acts of prostitution ���i[h patrons of the establishment.
4. Evidence indicates that full�� enclosed booths. individual vie��-ine
areas. and other small rooms ���hose interiors cannot be seen from public areas of the
establishment rewlarl�� ha��e been found to be used as locations for enga�ing in unla���ful
sesual acti�it�.
Ordinance No. 3315
Page No. 6
�. As a result of the above. and the increase in incidents of HIV. .AIDS.
and hepatitis B, ��hich are seaually transmitted or blood borne diseases. the Cit�� has a
substantial interest in adopting regulations that will reduce the possibiliri- far the occurrence
of prostitution and unlaN�fu] sex acts at sexually oriented businesses in order to protect the
health. safetv. and ���ell-beine of its citizens. The Citv finds this is relevant to Chula Vista
and the need to reeulate the secondarv effects of sexualh� oriented businesses within the
communit��.
6. The public health, safet��; and welfare of all persons in the City must
be protected b�� the establishment of standards to diminish the possibilit�� of infection of
conta�ious diseases.
I. The Citv Council is cognizant of the specific danger from the sexually
transmitted disease AIDS. �i�hich is currentiv ineversible and fatal. The Citv Council tal:es
leQislative notice of the HN/AIDS Epidemiology Report 2010 ("HIVlAIDS Epidemiology
Reporr') prepared b}� the Public Health Sen�ices Division of the County of San Die�o
Health and Human Sen�ices Agenc}�. According to the HIV/AIDS Epidemioloeti� Report,
14.228 AIDS cases were reported throughout San Diego County since 1981 throu=h
December 2009, 328 of ���hich were reported in 2009. The HN/AIDS Epidemiolog}� Repon
also indicates that San Diego County has the third highest number of AIDS cases in the
state of California. The CitY also takes legislative notice of the County of Orange
Communicable Disease Summary 2000, County of Orange Health Care A�ency. issued
July 2002 (`Communicable Disease Summary') and the HN/AIDS Surveillance Statistics,
2003 also issued by the County of Orange Health Caze Agency in October 2004
('`HN/AIDS Surveillance Study'). The HN/AIDS Surveillance Stud}� reports that 6;429
cases of A1DS N�ere reported in Orange County between 1981 and 2003. Of those; 237
were reported in 200.i and 162 were also diagnosed in ?003. The HN/AIDS Surveillance
Study further indicates that according to the latest available data (as of December 2001),
Orange County has reported more AIDS cases than 2� U.S. states and ranl:s 28th in
number of AIDS cases reported among the 101 metropolitan areas recot ized by the Centers
for Disease Control and Prevention with �00,000 or more population.
J. , Legislative notice is further taken of the Reported Communicable Diseases
2006 prepared by the Department of Public Health; San Bemardino County ("SB
Communicable Diseases Report"). According to the SB Communicable Diseases Report, San
Bernardino County had 1�7 reported cases of AIDS: 7.8 cases per 100,000 population. The
SB Communicable Diseases Report also reported 8,063 cases of chlamydia (407 cases per
100.000 population): 2;114 cases of gonorrhea (106.8 cases per 100.000 population) and
144 cases of syphilis (7.1 cases per 100.000 population). The City Council tal;es further
legislative notice of the Communicable Disease Report 2011 prepared by the Department of
Public Health, County of Ri��erside ('Ri��erside Communicable Disease Report'). Accordine
to the Riverside Communicable Disease Report; chlamydia is the most commonh� reported
communicable disease in Riverside County with 8,641 cases reported. a 34% increase in
incidence compared to 2010. The Riverside Communicable Disease Report indicates that
gonorrhea is the third most frequently reported infectious disease in Riverside County with
891 cases reported and an increase rate of 38.7 cases per 100,000 population. As reported b��
the Riverside Communicable Disease Report, there were 58 ne�vly diaanosed AIDS cases and
Ordinance No. 3315
Page No. 7
104 ne��l�� dia�osed HIV' cases in Ri��erside Counn. In 2011, prevalence rates for persons
li��ine ��th HI\' and .4IDS �vere 66.1 and 141.] cases per 100.000 population. Durin� 2011. a
total of 1,�21 persons �a�ere living with HIV and 3.247 persons li��in� ��ith .AIDS in Riverside
Count��.
I�. The Citr Council has a reasonable basis to conclude that the esperiences of
San Dieeo. Oranee. San Bemazdino and Ri��erside Counties as to these HIV/AIDS and STD
or blood bome diseases are rele��ant to the esperiences of Chula Vista.
L. In considering appropriate operational reeulations for sezuallv oriented
businesses. the Cit��Council finds that:
1. Enclosed or concealed booths and dimlv lit areas within sexuall��
oriented businesses �eativ increase the potential for misuse of the premises: including
unla�-fu1 conduct of a t��pe �+�hich facilitates transmission of disease. Requiring all indoor
azeas to be open to ��ieH b}� manaeement at all times and adequate liehting to be provided
reduces the oppominity for; and therefore the incidence of illegal conduct within se�ualh�
oriented businesses. and further facilitates the inspection of the interior of the premises thereof
b}� la���enforcement personnel.
2. Pre��entine the exchanee of money bet���een performers and patrons
also reduces the likelihood of drua and sez vansactions occurrina in sexuallv oriented
businesses. �
3. Requiring sepazations bet���een performers and patrons precludes them
from beine within earshot to communicate and therebv reduces the likelihood that such
persons H�ill neeotiate nazcotics sales and/or transact sexual fa��ors within the sexually oriented
business.
M. The Citv Council recoenizes and relies on the findines set forth in the
1956 Attome}� General`s Report on Pomoeraphy in support of this Ordinance including,
but not limited to. its recommendations that local eo��ernments ban certain features of��ideo
booths that facilitate carnal sexual encounters. A copy of the Attorney General`s Repon on
Porno�raph}� is a��ailable for public re��ieH- at the Cit}� Clerk's office.
1. W'ith respect to booths. these findines include the follo���ine: The
inside H�alls of the booth are npically co��ered with graffti and messages: usuall�� of a
se�ual nature and consisting of telephone numbers, names; requests and offers for ses acts,
anatomical descriptions. and sketches. Some booths also contain a chan used as an
appointment schedule that is utilized to schedule appointments for sex acts that tal:e place in
that particular booth. In some instances, this arrangement has been used for the solicitation of
prostimtes. 1�4an}�of these booths aze equipped ���ith a hole in the side �i�all bet���een the booths
to allow patrons to ensaee in anon}�nous sex includina both oral and anal sex acts. Inside the
booths, the floors and �valls aze ofren Het and stickv ���ith liquid or ��iscous substances,
including semen, urine. feces. used proph��lactics_ eels. saliva. or alcoholic beverages. The
Cit�� concludes, based in part on the description of the illicit sezual acti��it�� as noted ���ithin
the Attorne�� General's Report, that the presence of dosed doors and/or an}� obstruction of
the ��ideo booth area is likelv to lead to the above described secondarv effects.
Ordinance No. 3315
Page No. 8
2. LikeN�ise, the City Council recognizes and relies on the findines set
forth in the Ma�� 1990 stud�� conducted by the Cit}� of Tucson in support of this Ordinance
includin�; but not limited to, the following findings with respect to booths: Holes were present
in the walls of adjoinine booths within sexually oriented entertainment establishments.
These holes were used bv male patrons to facilitate se� acts with the occupant of the
neighborine booth. The Council reasonably believes that the Tucson ezperience, alon�
ti�ith the Attorney General's Report, is relevant to the problems associated with sesuall}�
oriented facilities in Chula Vista.
3. The Cit}� Council finds that requiring that booths in se�ualh�
oriented establishments be configured in such a manner so that there is an unobstructed
view from the manager's station(s) and prohibiting closed, concealed, or unobstructed booths
that are occupied by no more than one person at a time reduces the secondary effects
associated with closed booths. Specifically; the provisions pertaining to booths are
necessary to eliminate the masturbation and sexual acti��ity that aze known to occur in
closed booths and which present si�mificant health and safety concerns with respect to
communicable diseases, including AIDS. A number of courts have held that combating the
spread of AIDS and STDs is a significant government interest, and that prohibiting
concealed or enclosed booths in a sexua]]v oriented establishment is a narrowlv tailored
means of serving that interest. Delure Thea�ei• d 13ookslore. Inc. r. Ciry of San Diego, 175
Cal.App.�d 980 (198�); Pleusurelund A4useum, b�c. v. Beuttei•. 288 F.3d 988 (7th Cir.
2002); Mrrchell i�. Commrssion on Adull Enlei7uinmeni Eslublishmenis, 10 F.3d 123 (3rd Cir.
1993); Bumon Cor�. v. Ci11� �f Duylon; 923 F.2d 470 (6th Cir. 1991); Doe v. Ci�}� of
h4inneupolis. 898 F.2d 612 (8th Cir. 1990); 4I%al! Disn-ibu�ors. Ir�c. v. Cin� of A'ei+�port
A'eirs, 782 F.2d ] ]6� (4th Cir. 1986). The City Council takes further note of the Ninth
Circuit's decision in Elhresl Slereo Theulres. Inc. n. Wenner, 681 F.2d 1243 (9th Cir. 1982)
and its finding that there is no constitutional right to unobserved masturbation in a public
place. The City Council also recoenizes the California case Deluze Thealer & Boolsrore.
Inc. >>. Ciry of Sun Diego, 175 Cal.App3d 980 (198�), which found that the rivht to
privacy guaranteed by the Califomia Constitution does not protect the right to unobserved
masturbation in a public place. Further; the City takes note of the Eleventh Circuit's
validation of a restriction on the size of booths in Ludv J Lir�gerie. Inc. v. Cih� of
Jucksonville, 176 F.3d 13�8 (llth Cir. 1999); including the Court�s finding that "[a]mple
evidence ... supports the ... Sndin� that illegal and unhealthy activities take place in small
rooms at adult entertainment establishments."
N. In reco,nition of the ne�ative secondary effects generated by live sexuall}�
oriented entertainment; a number of courts have upheld distance limitations between
performers and patrons, prohibitions against physical contact between performers and
patrons, and precluded direct eschange of monies between performers and patrons at se�uallv
oriented businesses that provide live entertainment includin�; but not limited to: Ga»rmoh r.
Cih� of Lu Hubru. 39� F3d 1114 (9th Cir. 200�); amended 402 F.3d 87�, cer•[. de�sied 126
S.Ct. 374; Tilv B.r. Cr1y of A�eti+�por! Beach, 69 Cal.App.4th 1 (1999); Colucto�cio r. Crry of
KenL 163 F3d �4� (9th Cir. ]998); BSA, bu. i�. King Com7ry, 804 F.2d 1104 (9th Cir.
1986); ker, Inc. r. Kirsup Cou�1ry, 793 F.2d 10�3 (9th Cir. 1986); DLS. Irtc. v Ciry of
Char�msoo�u. 107 F3d 403 (6th Cir. 1997): Purker i�. !7'hrtfeld Counn�, 463 S.E.2d 116
Ordinance No. 3315
Page No. 9
(Ga. 199�); and Hang On. Inc. r. Cin- of.Arlington, 6� F3d 1248 (�th Cir. 199�). Courts
ha��e found that dancers w�ho perform nude or semi-nude on staee at seauallv oriented
cabazets are the same individuals Nfio then mo<<e off staQe to offer lap dances; couch
dances, or other similar off staee performances. Gammoh v. Citr of La Habra, 39� F3d 1114
(9th Cir. 200�). Therefore. Chula Vista reasonabh believes it is necessar}� to impose
distance limitations betw�een performers and patrons and prohibit ph��sical contact ben��een
performers and pavons durine all performances, whether on or off stage. in order to �uard
aeainst the documented secondan� effects.
O. The Cit}� Council believes that prohibiting ph}�sical contact betw�een
performers and patrons at sexuallv oriented businesses. requirine sepazate entrances for
performers from those used for patrons, requirine separate restrooms for opposite se�es,
prohibiting performers from solicitine pa«nent from patrons: and prohibiting the direct
pa}nnent to performers b}� patrons are a reasonable and effecti��e means of addressing the
legitimate governmental interests of preventine prostitution, the spread of sesuall��
vansmitted diseases. and drue transactions. The case law and studies serve as a reasonable
basis to establish this linl:.
P. In reco�ition of the neeative secondarv effects eenerated bv li��e sexuallv
oriented entertainmentyestablishments: a number of courts ha�e upheld ordinances �fiich
require that emplo}�ees. as well as the owners and manasers of such establishments submit
backeround infortnation on criminal con��ictions related to relati�elc recent sexual offenses so
that a public entitv can assess a� individual`s abilitv to function responsibl�� in the se�uallv
oriented business setting. See TK's I%ideo. Inc. i. Denton Counry. Tex.. 24 F.3d 70�, 710 (ith
Cir. 1994); and see Club Southern Burlesque, Ine. i�. Ciry of Carrolton, 26� Ga. �28. �32.
4�7 S.E.2d 816 (199�). This indudes not onl�� the applicant for a sexuall}� oriented business
license. but individuals ti�ho work in sexuallv oriented businesses durine reeulaz business
hours such as performers and non- performers where the criminal background check is limited
to a period of no more than five (�) ��ears immediatelv precedine the date of application. See
Docror John's. Inc v. Ciry of Ror, 46� F.3d ll�0, 1171 (IOth Cir. 2006); A�cCroihers Corp.
d/b/a Tree Ciry Bar, et al. v. Crry• of�1ladun, 728 N.�'�'.2d 124 (2007): Tee 8 Bee r. Crry of
[d'est .411is. 936 F.Supp. 1�79, 1�87 (E.D. N%is. 1996); Club So:�dzern Burlesque. Ine., 26�
Ga. at �32. In this regazd. the Cit�� Council, in adoptina operational standazds; recognizes
that the requirement for emplo}ee disclosure of recent criminal acti��it} is narrowlv tailored
and imposes no greater restriction on First Amendment freedoms than is necessan� to
minimize the secondarv harms stated in the ordinance. See TK's Pideo v. Denton Counn�.
830 F.Supp. 33�. 343 (E.D. Tes. 1993), ��acated in' part on other erounds: 24 F.3d 70�
(�th Cir. 1994). Vdhen. as here, the ci��il disabilit�� provision of a seaualh oriented business
ordinance is tailored to appl}�� to se�-related crimes onl�. the "relationship between the
offense and the evil to be rewlated is direct and substantial." Fid%/PBS: hac. i. City of Dallas;
837 F?d 1298, li0� (�th Cir. 1988) and affirmed in pan and vacated in part in FId�/PBS.
Inc. v. Cin� of Dallas: 493 U.S. 21> (1990); see olso Tk's l%ideo. 24 F3d at 711 and see Deja
1%u of\'ashi�ille. Irzc. i�. Aletro Gor'r of\�ashrille ond Dai�idson Counn�_ 274 F.3d at 392 (6th
Cir. 2001); Broirnell r. Cin, of Rochester. 190 F.Supp.2d 472, 494-96 (�l'.D. \.1'. 2001);
Tee d Bee. 936 F.Supp. at 1490. Chula Vista adopts the reasonino of courts finding that
`'Cenain employees of unrewlated sesuallv oriented businesses ... ensage in hisher
Ordinance No. 3315
Page No. 10
incidence of certain t�pes of illicit sezual beha��ior than employees of other establishments" and
has a reasonable basis to believe this reasoning is applicable in the Chula Vista communit��.
Further; the `'fact that an applicant for a sesuall}� oriented use permit has been convicted of a
se�ually related crime leads to the rational assumption that the applicant ma}� eneage in
that conduct in contravention of this ordinance." Hence, "the barring of such individuals
from emplo}�nent in sexually oriented businesses fbr a specified period of }�ears serves to
prevent distribution of illegal material, to pre��ent conduct which leads to the transmission of
sexuall�� transmitted diseases. and to preclude the establishment of criminal enterprises
���ithin the Citv." Dr. Jo%n's. 46� F..id at 1171 n. 30.
Q. The Cit�� Council also finds the establishment of a sexuall}� oriented
business reeulatory licensine process and operational standards for seaually oriented
businesses are legitimate and reasonable means of ensuring that:
1. Operators of and performers at seaually oriented businesses comply
with the Citys regulations;
2. The recognized adverse secondar}� impacts of a proposed seaually
oriented business are mitieated;
3. Sexually oriented business operators have specific guidelines �vith
respect to the manner in �+-hich thev can operate a sehually oriented business; and
4. The applications for seaually oriented business regulator}� licenses
are handled fairly and e�;peditiousl�-.
R. The City Council recognizes the possible harmfu] effects on children and
minors exposed to the effects of sexuall�� oriented businesses and recognizes the need to
enact regulations which will minimize and/or eliminate such exposure. The Cit>> Council tal:es
legislative notice of the Penal Code pro��isions authorizing local go��ernments to regulate
matter that is harmful to minors (i.e., Penal Code � 313 et sey.). The City Council
further takes legislati��e notice of the cases that recognize that protection of minors from
seaually explicit materials is a compelling government interest, includine G�cn+ford r.
L:u�cren. 96 F3d 380 (9th Cir. 1996), cert. denied �20 U.S. 1117 (1997)arid Berrv v.
Cin� �f Sunra Burbaru, 40
Ca1.App.4th ]07� (]99�).
S. V�'hile the Citti� Council is obligated to protect the rights conferred b,y the
United States Constitution to se�uallv oriented businesses. it does so in a manner that
ensures the continued and ordedy use and development of property within the City and
diminishes. to the Rreatest extent Feasible. those undesirable ad��erse secondarv effects which
the above mentioned studies ha��e sho�i-n to be associated with the operation of sesually
oriented businesses.
T. Licensing and operatine standards are a legitimate and reasonable means of
ensurin� that sesually oriented businesses are conducted in a manner so as to minimize
their adverse secondary effects and to help assure that such operators. businesses. licensees
and permittees compl}� with reasonable regulations related to such requirements to
minimize and control problems associated �n�ith such businesses and thereby protect the
health, safety. and ��elfare of Chula Vista residents; protect citizens from increased crime;
Ordinance No. 3315
Page No. 11
presen�e the qualin of life, and preserve the chazacter of surroundine neiahborhoods and
busi�esses, and deter the spread of urban blieht. The operational requirements contained in
this Ordinance do not unreasonabl�� restrict the establishment or operation of constitutionall�
protected se�uall� oriented businesses in Chula Vista.
li. The Cit�� Council. in adoptine operational standards; reco�izes that these
standards do not preclude reasonable altemative avenues of communication. For example.
the closing hours requirement means that seauall� oriented businesses are free to operate
seven (7) da��s a �aeek for ni�ent�� (20) hours per da}�. The Cit�� Council tal:es note of the
proliferation of seaualh oriented material on the Intemet, satellite television. direct television,
CDs, DVDs, and that these ��arious media pro��ide alternative a��enues of communication.
Additionallv. the Cit�� Council taF:es note that numerous web-based sen•ices. such as
n�«v.suQazd�=d.com and Hti�-N.���antedlist.com. deli��er adult ��ideos and DVDs directh to
customers` homes �ia the mail. The Cit�� Council recomizes the follo�ains revie��� of one of
these ���eb-based sen�ices: `'SueazDVD has made it so easv to rent and vie��� adult movies. vou
ma�= never leave vour house again ... SugarDVD is discreet with quick tumazound times
and a massi��e selection SugazD\7D offers six rental plans, caterine to the casual porn ��iewer
and diehards �ti�ho can ❑ever eet enoueh hard-core fare." (Hus�ler Mugarine. January 2006.)
The Cit�� Council aiso considers and relies on published decisions examinine the proliferation
of eommunications on the Intemet. Reno r. Americun Civil Liberties Union. �21 U.S. 844
(1997) (the principle channel throueh ��-hich many Americans noN� transmit and receive
sexuallv explicit wmmunication is the Intemet]; Anheuser-Busch i�. Schmoke, 101 F3d 32�
(4th Cir. 1996), cert. denred �20 U.S. 1204 (1997) [the Fourth Circuit rejected a First
Amendment challenee to a Baltimore ordinance resvictina alcohol advertisements o❑
billboards ackno�vledeing tha[ the Intemet is one a��ailable channel of communication]; US.
r. Hockings. 129 F3d 1069 (9th Cir. 1997); see ulso U.S. v. Thomas, 74 F3d 701 (6th Cir.
1996)_ ceri. denied �19 U.S. 820 [recognizing the Internet as a medium for transmission of
se�uallv ezplicit material in the context of obscenity prosecutionsJ. The Intemet brings �vith it
a virtuallv unlimited additional source of adult oriented sexual materials a��ailable to interested
persons in e��en� communitv ��ith a mere kevstroke. A sexuallv oriented business no lonser has
to be "actuall}�' ph��sically located in a cit}� to be a��ailable in the communin�.
V. The Cit} Council reco�nizes that adult de��ices (r.e. adult novelties andlor
adult related products) such as dildos�fur-lined handcuffs, leather ti�hips. anal beads; and
de��ices_that are ph��sical representations of human eenita] oreans, are not speech and enjo�-
no First Amendment protections. See Ford v. State of Texus; 7�3 S.W'.2d 4�1, 4�2-&�� (1988);
Se1re11 u State of Georgia, 233 S.E.Zd 187. 188-189 (1977); Chamblee I�isuals. LLC i�. Ciry of
Chamblee; �06 S.E?d ili, 11� (1998); and Red Bluff Drive-In. Inc. v. !%a�rce, 6�8 F.2d
]020 (�th Cir. 1981).
�l'. It is not the intent of the Cit�• Council of Chula \'ista in enactine this Ordinance
or an}� pro��ision thereof to condone or leeitimize the distribution of obscene material, and the
Ci[�- and its Council reco=nize that state la��� prohibits the distribution of obscene materials and
e�pect and encouraQe la��� enforcement officials to enforce state obscenit�� starutes aeainst
such illeeal acti�ities in Chula Vista.
Ordinance No. 3315
Page No. 12
?i. The Cit�� Council does not intend to regulate in an}� area preempted b}�
California laN� includine, but not limited to, regulation of obscene speech. nor is it the intent
of the Cit�� Council to preempt regulations of the state Alcoholic Beverage Control Department
("ABC'').
Y. Nothine in this Ordinance is intended to authorize, legalize. or permit the
establishment, operation; or maintenance of any business, building, or use which ��iolates
any other City ordinance in am- respect, or any statute of the State of California regarding
public nuisances, unla��fu] or indecent eaposure, seaual conduct. lewdness. obscene or
harmful matter, or the eahibition or public display thereof.
Z. The Citv Council finds that licensing and operationa] standards are a
legitimate and reasonable means of accountability to ensure that operators and performers and
non- performers employed at sexually oriented facilities comply �i�ith reasonable resulations
and to ensure that operators do not knowingly allow their establishments to be used as places
of illegal seaual acti��ity or solicitation.
AA. The licensing and operation provisions adopted herein are necessary in order to
protect the public health; safety and welfare by providing a mechanism to address the
adverse secondary effects associated with the establishment and operation of unregulated or
under-reeulated sexuallv oriented businesses.
SECT[ON 2. AMENDMENT OF MUNICIPAL CODE CHAPTER 9.13
1. Section 9.li.020 (Definitions), subsection X; of Chapter 9.13 (Sesually
Oriented Businesses and Sexually Oriented Licensing for Designated Individuals) of the
Chula Vista A4unicipal Code is herebti� repealed and replaced as follo��s:
X. "Sesuallv oriented business` means:
l. A business establishment or concern that as a reeular and substantial
course of conduct operates as an "adult bookstore or adult video store;" `adult
cabaret," "adult motion picture theater." "adult model studio,' "adult retail store,"
`'adult arcade." or "adult motel or hotel."
2. A business establishment or concern which as a re�ular and
substantial course of conduct offers, sells or distributes "sesually oriented material"
or `'sesuall}� oriented merchandise," or ti�hich offers to its patrons materials.
products, merchandise, services or entertainment characterized by an emphasis on
matters depictin�, describin�. or relating to `'specified sexual activities" or "specified
anatomical areas" but not including those uses or activities which are preempted by
state lati�.
3. For purposes of the Bayfront Specific Plan and the Eastlake II
Planned Communit}� District the term "cabareY' shall have the same meaning as the
term `'sexuall}� oriented business ' as defined at paragraphs 1 and 2 above.
Ordinance No. 3315
Page No. 13
2. The definition for ��Chief of Police" is added to Section 9.13.020 (Definitions).
of Chapter 9.13 (Se�uall} Oriented Businesses and Seauall�� Oriented Licensins for
Desi�ated Individuals) of the Chula Vista A4unicipal Code as folloN�s (and the letter
desi�ations for the remainder of Section 9.li.020 (Definitions) of Chapter 9.li is hereb��
revised accordinel�� and the phrase "or his/her desi�ee ' after the phrase "Chief of Police" is
hereb� stricken throu�hout the subject Ordinance, eacept under Section 9.li.020
(Definitions)):
M. "Chief of Police" means the Chief of Police of the Cit�� of Chula Vista or
his/her desionee.
3. Section 9.li.030 (License required) of Chapter 9.li (Sexualh� Oriented
Businesses and Sexually Oriented Licensing for Designated Indi��iduals) of the Chula
Vista A4unicipal Code; Subsection B. is hereb}° repealed and replaced w�ith the follo«ine:
B. License applicants shall file a �Titten; si�ed and ��erified application
in person at the Cit} s Development Sen ices counter on a form provided b}� the
Citv's Director of Derelopment Sen ices or his or her desienee ("the
Director'). Such application shall contain the followine information and be
accompanied b}� the follo���ina documents:
4. Section 9.13.030 (License required) of Chapter 9.li (Sexually Oriented
Businesses and Sexuall}� Oriented Licensing for Designated Indi��iduals) of the Chula
Vista Municipal Code, Subsection C. is hereb��repealed and replaced w�ith the followin�:
C. The completed application shall be accompanied bv a nonrefundable
application fee. The amount of such fees shall be as set forth in the master fee
schedule of the Cit��adopted by resolution of the Citv Council.
�. Section 9.13.040 (Issuance of license) of Chapter 9.li (Sezuall}� Oriented
Businesses and Sesually Oriented Licensing for Desiaiated Individuals) of the Chula
Vista Municipal Code, Subsections A. and B. are hereb� repealed and replaced �i�ith the
followine:
A. Upon the filina of a compieted application for a sesualh= oriented
business regulatory license: the Director shall immediatel}� write or stamp the
application "Recei��ed' and, in conjunction ���ith Cit�� staff, shall promptl�� investigate
the information contained in the application to determine �rhether a sezuall�� oriented
business reeulator�� license shall be �ranted. Investieation shall not be �rounds for
the Cit}� to unilaterallv delav in re��iewine a completed application; nor is it grounds
to extend the time period to conduct a hearing pursuant to this section.
B. Vdithin 21 davs after the filing of a completed setuallv oriented
regulatorv permit application, includine pa}�ment of the required application fee, the
investieation shall be completed. The Director shall promptl�� notice a public hearins
�;�ith notice of such hearing to be made pursuant to Califomia Go��emment Code
Sections 6�091 and 6�90�. Said public hearing shall be conducted �vithin 1> davs
of the e�piration of the completed in��estieation period.
Ordinance No. 3315
Page No. 14
6. Section 9.13.040 (Issuance of license) of Chapter 9.13 (Sexualh Oriented
Businesses and Se�uall}� Oriented Licensing for Desi�mated Individuals) of the Chula
Vista Municipal Code. Subsection I.4. is hereb} repealed and replaced with the followino:
4. The required application fees have been paid.
7. Section 9.li.050 (Inspections) of Chapter 9.1� (Sesually Oriented Businesses
and Sexually Oriented Licensing for DesiRnated lndividuals) of the Chula Vista Municipal
Code is hereby repealed and replaced with the following:
Licensees. operators and employees of a seaually oriented business shall
permit representatives of the police department, fire department, development services
department and other City departments to inspect the adult business for the purpose
of insurine compliance with the laws and operating standards applicable to adult
businesses at an}� time it is occupied or open for business. Such inspections shall be
conducted in a reasonable manner.
8. Section 9.13.070 (Suspension or revocation of a seaually oriented business
license) of Chapter 9.li (Sesually Oriented Businesses and Sexually Oriented Licensing
for Designated Individuals) of the Chula Vista Municipal Code, Subsection E. is hereb}�
added as follows:
E. The Licensee shall be responsible for payment of the required fee(s) as
set forth in the master fee schedule of the Ciry adopted by resolution of the City
Council.
9. Section 9.13.080 (Appeal procedures) of Chapter 9.13 (Sexuall}� Oriented
Businesses and Seaualh� Oriented Licensing for Designated Individuals) of the Chula
Vista Municipal Code; Subsection A. is hereby repealed and replaced with the following:
A. Afrer approval, denial, suspension or revocation of a license, any
affected person may appeal the decision to the City Council in �7iting within 10
days after the «�itten decision. At the time of filing an appeaL the applicant shall
pay the required fee(s) as set forth in the master fee schedule of the City adopted b}�
resolution of the Citv Council.
]0. Section 9.li.090 (Transfer of sesually oriented business regulatory license)
of Chapter 9.13 (Setuall�� Oriented Businesses and Seaually Oriented Licensing for
Desienated Individuals) of the Chula Vista Municipal Code, Subsection C. is hereby
repealed and replaced ���ith the follo���ing:
C. In the event of a transfer of a sezuall}� oriented business, the transferee
shall complete an application for a sezually oriented business license and provide
all information specified in CVMC 9.li.030 to the Director. The transferee shall be
considered an applicant as provided in this chapter and the transfer shall only
become effective if the proposed transferee satisfies the conditions set forth in
Ordinance No. 3315
Page No. 15
CV'�4C 9.li.040; includina pa}�nent of the required nonrefundable application fee.
If the application is aranted, the sexuall�� oriented business license shall be
transferred to the ne� oNner. (Ord. 32�1 j 2, 2012).
1l. Section 9.13.100 (Operating Standazds). Subsections J3 and J.4 of Chapter
9.li (Sexuailp Oriented Businesses and Sexualh� Oriented Licensine for Desi�nated
Indi��iduals) of the Chula Vista D4unicipal Code is herebv repealed and replaced as follo�vs:
J.3. As to off staee performances; no performer or adult cabazet dancer
shall perform "adult live entertainment" off stase. As to an adult cabaret dancer
performin� off staQe. a distance of at least six feet (6') sha11 be maintained ben�-een
the adult cabazet dancer and the patron(s) at all times. Durine off stage
performances, no adult cabazet dancer shall ha�e ph}�sical contact ���ith any patron,
and no patron shall have ph}�sical contact N-ith anv adult cabazet dancer. Off staee
performances ma} only be conducted in the main public assembl�� azea of the sesuall}�
oriented business. M�� location beina used for off staee performances shall not be
obscured b�� an�� door. curtain. �a�all, n��o ���av mirror or other de��ice which �+�ould
prohibit a person from seeing the entire azea «-here the off staee performance is
occumng. At all times. a manager station(s) shall be maintained to ensure a cleaz
line of sieht into am� area of the sesuall�� oriented business «�here off-stase
performances are conducted. y
J.4. ln addition. ��hile on the premises, no performer or adult cabaret
dancer shall have ph}�sical contact «-ith a patron and no patron shall have ph��sical
contact with a performer or adult cabazet dancer, «�hich includes; but is not limited
to, the touching of the clothed or unclothed genitals; pubic area, buttocks; clefr of
the buttocks, perineum, anal region, or female breast with any part or area of anv
other person`s body. Patrons shall be ad�ised of the no touchine requirements b�� siens
and. if necessarv, bv emplo}�ees of the establishment. This prohibition does not extend
to incidental touchine.
12. Section 9.13.100 (Operatine Standazds). subsection J.13 of Chapter 9.13
(Sexuallv Oriented Businesses and Se�uall}� Oriented Licensing for Designated lndi��iduals)
of the Chula V ista ?�4unicipal Code is herebv added as follo���s:
J.13. Except as othen�ise pro�ided in this Chapter. patrons shall not be
permitted in an}� area of an adult cabaret other than bathrooms unless there is a clear
line of sieht beh�een the azea and a manaeer's station.
13. Section 9.13.100 (Operatina Standards), subsection M of Chapter 9.13
(Se�ualh� Oriented Businesses and Sexualh° Oriented Licensine for Designated Individuals)
of the Chula \Jista �4unicipal Code is hereb��added as follo«�s: y
n4. Regula�ion of udult booth/indii�idual vieirin�areas.
1. No adult booth/indi�idual vie�i-ine area shall be occupied by
more than one individual at a time.
Ordinance No. 3315
Page No. 16
2. Each adult booth/individual ��ie��ing area within the seauall��
oriented business shall be visible from a continuous and accessible main aisle in a
public portion of the establishment. and shall not be obscured by any door, curtain.
wall, two wa�- mirror or other device ���hich would prohibit a person from seeing the
entire interior of the adult booth/individual viewing azea from the main aisle. An��
sexuallv oriented business mav have more than one manaQer station in order to ensure
compliance with this reeulation. At all times, the manager station(s) shall be
maintained to ensure a dear line of sight into the interior of the adu]Ubooth individual
view�ing area. Further, no one shall maintain any adult booth/individual vieN�ing area
in any confieuration unless the entire interior wherein the picture or entertainment
that is vieN�ed is visible from the manager station(s). The entire body of any patron in
anv adult booth/individual �-iewine area must be visible from the main aisle and the
manager station(s) w�ithout the assistance of mirrors or any other de��ice.
3. No doors aze permitted on an adult booth/individual ��iewin�
area. No partially or fully enclosed adult booth/individual ��iewing azeas or partially
or fully concealed adult booth/individual vie���ing areas shall be maintained.
4. I�io holes or other openings shall be permitted bet�-een aduit
booths/individual viewing areas. Any such hole or opening shall be repaired
���ithin twent}�-four (24) hours using "pop ' rivets to secure metal plates over the hole
or opening to prevent patrons from removing the metal plates.
�. No beds, couches or chairs with a sitting area greater than
twent}�- four inches (24") wide shall be permitted in an adult booth/individual ��ie���ing
area.
14. Section 9.13.140 (Sexually oriented business performer license), of Chapter
9.li (Sexuall}� Oriented Businesses and Sexuallp Oriented Licensing for Designated
]ndi��iduals) of the Chula Vista Municipal Code, Subsection C.9. is hereby repealed and
replaced as follows:
• 9. The license applicant's fingerprints on a Livescan form provided by the
Chula Vista Police Department and two color two-by-two-inch photographs clearly
showin� the applicanYS face. The applicant shall pay the required fee(s) for
photographs and fingerprint processing, as set forth in the master fee schedule of
the Cit}- adopted bti� resolution of the City Council. Fingerprints and photo<*raphs
shall be taken ��ithin sis months of the date of application.
1�. Section 9.13.]40 (Se�uall}� oriented business performer license); of Chapter
9.li (Sexuallv Oriented Businesses and Sesually Oriented Licensing for Designated
Individuals) of the Chula Vista Municipal Code; Subsection E. is hereby repealed and replaced
as fo1loH�s:
E. The completed application shall be accompanied b�� a nonrefundable
application fee or nonrefundable license renewal fee. The amount of such fees shall be
as set forth in the master fee schedule of the City adopted b}� resolution of the City
Council.
Ordinance No. 3315
Page No. 17
16. Section 9.li.140 (Seauall� oriented business performer license). subsection F
of Chapter 9.L.i (Sexualh� Oriented Businesses and Seauall�� Oriented Licensing for
Desi�ated Indi��iduals) of the Chula \'ista A4unicipal Code is hereb�� repealed and replaced as
fo1loN�s:
F. The completeness of an application shall be determined within 24
business hours. The Chief of Police or his/her desienee must be available durine
normal workin2 hours Monda�� throush Frida�� to accept sexually oriented business'
performer applications. If the Chief of Police determines that the application is
incomplete; the Chief of Police shall immediatelv inform the applicant of such
fact and the reasons therefor. includine an�� additional information necessaz� to
render the application complete. Upon receipt of a completed sezuall�� oriented
business performer application and pa�ment of the license fee specified in Section E
abo��e, the Chief of Police shall immediatel� issue a temporary license ���hich shall
expire of its o�;m accord thirt�� (30) Cit� business da��s from the date of issuance and
shall onl�� be eztended as pro�•ided in Section 9.13.1�0.
17. Section 9.li.1�0 (In�estieation and action on application for se�uall��
oriented business performer license). subsections B and C of Chapter 9.13 (Sexuall}'
Oriented Businesses and Sexuall}� Oriented Licensine for Desienated Indi��iduals) of the
Chula Vista Municipal Code are herebv repealed and replaced as follows:
B. Investieation shall not be �ounds for the Citv to unilateralh� dela�� in
re��iewine a completed application. The Chief of Police`s decision to erant or deny the
adult business performer license shall be made ti�ithin thirt�� (30) Citv business da��s
from the date the temporan� license w�as issued and in no case shall the decision to
grant or dem� the license application be made afrer the expiration of the temporan�
license. In the e��ent the Chif of Police or his/her desienee is unable to complete the
investieation ���ithin thirt�� (30) Cin business days. he/she shall prompth� notifi� the
license applicant and e�tend the emporan� license for up to (10) additional Cin�
business davs. In no case shall the investieation exceed forty (40) Cit�� business davs,
nor shall the decision to grant or den� the license application be made afrer the
expiration of the temporar�� license.
C. The Chief of Police shall render a �+�ritten decision to erant or den�� the
license ���ithin the foreeoing thirt}� (30) Citv business dav time period set forth in
section 9.13.1�0(B). Said decision shall be mailed first class postaee prepaid: hand
delivered to the applicant, or emailed to the applicant (if the applicant appro��ed email
notification in his/her application), ���ithin the foregoine thim� (30) Cit�� business dav
period or fort�� (40) City business da}• period if e�:tended pursuant to Section
9.13.1�0(B), at the address provided b� the applicant in the application.
18. Section 9.13.1�0 (Investieation and action on application for se�uall}� oriented
business performer license); of Chapter 9.li (Seluallv Oriented Businesses and Sesuall}�
Oriented Licensing for DesiUnated Indi��iduals) of the Chula Vista A4unicipal Code, Subsection
H. is hereby repealed and replaced as follo�;�s:
Ordinance No. 3315
Page No. 18
H. Each seauallv oriented business performer license; other than the
temporaz�� license described in CVA4C 9.1�.140. shall e�:pire one year from the date of
issuance and ma}� be renewed oril}� bv filing with the Chief of Police a «Titten
request for reneN�al, accompanied b}� a nonrefundable license rene��al fee and a
cop}� of the license to be rene��ed. The amount of such fees shall be as set forth in
the master fee schedule of the Cit�- adopted b�� resolution of the City Council. Lf
said application conforms to the previousl�- approved application and there has been
no chanee with respect to the license holder beine com�icted of an}� crime classified
b�� this or an�� other state as a se� related offense, the Chief of Police or his/her
designee shall renew the license for one year. Any plea to or com�iction of a se�
related offense requires the renewal application to be set for hearing before the Chief
of Police in accordance �ith the provisions of this section. The request for rene�i-a]
shal] be made at least 30 da}�s before the expiration date of the license.
Applications for rene�i�al shall be acted upon as provided herein for action upon
applications for license. The Chief of Police's denial of a renewal application is subject
to the hearing provisions of CVMC 9.1�.160. (Ord. 3241 § 3, 2012).
19. Section 9.li.1�0 (In��estieation and action on application for seauall}�
oriented business performer license). of Chapter 9.li (Sexually Oriented Businesses and
Seaually Oriented Licensing for Designated lndividuals) of the Chula Vista Municipal Code;
Subsection 1. is hereb�� added as follows:
1. A chanee of the present and/or proposed business address(es) and
telephone number(s) of the establishments at which the applicant intends to work
shall be allowed, upon appro��al of the Chief of Police and payment of the required
Fees as set forth in the master fee schedule in the City adopted by resolution of the Cit}�
Council.
20. Section 9.li160 (Re��ocation/suspension/denial of sexuall}� oriented business
performer license). of Chapter 9.li (Se�uall}� Oriented Businesses and Sexuall}� Oriented
Licensing for Desienated Individuals) of the Chula Vista Municipal Code, Subsection B.
is hereby repealed and replaced as follows:
B. On determinin� that grounds for denial or a license exist, the Chief of
Police shall furnish ���ritten notice of the proposed action to the applicandlicense
holder. The decision of the Chief of Po]ice shall be appealable to the City Manager by
filing a ��-ritten request for a hearing �vith the City Clerk within 1� da��s following the
day of mailing of the Chief of Police's decision and paying the required fee(s) as set
forih in the master fee schedule of the City adopted by resolution of the Citti� Council.
All such appeals shall be filed �vith the City Clerk and shall be public records. The
City ManaQer shall issue a notice �vhich shall set forth the time and place of a
hearing before the Cit�� A4anacer or a designated hearinc officer which is within 30
da��s from the date the appeal ���as filed and the ground or grounds upon ��-hich the
hearing is based, the pertinent Chula Vista Municipal Code sections. and a brief
statement of the factual matters in support thereof. The notice shall be mailed,
postage prepaid. addressed to the last I:no"�n address of the applicanUlicense holder,
or shall be delivered to the license holder personally; at least 10 days prior to the
hearina date.
Ordinance No. 3315
Page No. 19
21. Section 9.li.200 (Seaualh oriented business nonperformer license), of
Chapter 9.li (Se�ualh� Oriented Businesses and Sesuallv Oriented Licensine for Desimated
Indi�iduals) of the Chula Vista Municipal Code. Subsection B.4. is herebv repealed and replaced
as foilows:
4. The license applicant`s fingerprints on a Livescan form provided bv the
Chula Vista Police Department. The applicant shall pa}• the requued fees for
fin�erprint processing. as set forth in the master fee schedule of the Citv adopted b}
resolution of the Cit}� CounciL Fineerprints shall be taken Nithin sia months of the date
of application.
22. Section 9.13?00 (Seauallv oriented business nonperformer license). of Chapter
9.13 (Sesuailv Oriented Businesses and Seaualh Oriented Licensine for Desi�ated Individuals)
of the Chula Vista A4unicipal Code. Subsection E. is hereb}�added as follo�ti�s:
E. The completed application shall be accompanied b}� a nonrefundable
application fee or nonrefundable license renewal fee. The amount of such fees shall be
as set forth in the master fee schedule of the Cit�� adopted b}� resolution of the Citv
Council.
23. Section 9.13.210 (Investigation and action on seaually oriented business
nonperformer license applications), of Chapter 9.13 (Sesuall�� Oriented Businesses and
Sexuall}� Oriented Licensing for Desisnated Individuals) of the Chula Vista 2�4unicipal Code,
Subsection H. is hereb}�repealed and replaced as follo�vs:
H. Each se�ually oriented business nonperformer license shall e�pire one
vear from the date of issuance and mav be rene�i-ed onh bv filine with the Chief of
Police a written request for renewal, accompanied b}� a nonrefundable license
renewal fee and a cop} of the license to be rene���ed. The amount of such fees shall
be as set forth in the master fee schedule of the Cit�= adopted b�� resolution of the
Citv Council. If said application conforms to the previoush appro��ed application and
there has been no chanee ���ith respect to the applicant havins been con��icted of
anv specified criminal acti��in. the Chief of Police or his/her designee shall reneti� the
applicanrs nonperformer license for one ��ear. The rene���al application shall be made
at least 30 davs before the expiration date of the license. Applications for rene���al
shall be acted upon as pro��ided herein for action upon an initial application for a
nonperformer license. The Chief of Police`s denial of a renewal application is
subject to the hearing provisions of CVA4C 9.li.220.
24. Section 9.13.210 (In�estigation and action on seauall�� oriented business
nonperformer license applications). of Chapter 9.13 (Se�ualh� Oriented Businesses and
Se�ually Oriented Licensine for Desienated Indi��iduals) of the Chula Vista A4unicipal Code,
Subsection I. is hereb�� added as follo�vs:
I. A chanae of the name and address of the se�ualh oriented business «here
the applicant proposes to �vork as a nonperformer in a manaeerial capacim shall be
allo���ed, upon appro��al of the Chief of Police and pa}�nent of the required fees as set
forth in the master fee schedule in the Cit�•adopted b��resolution of the Cin� Council.
Ordinance No. 3315
Page No. �0
"_'�. Section 9.1.i.220 (Revocation/suspension/denial of sezuall}� oriented business
nonperformer license), of Chapter 9.13 (Sexually Oriented Businesses and Sesuallv
Oriented Licensing for Desi�nated Individuals) of the Chula Vista Municipal Code,
Subsection B. is hereby repealed and replaced as follows:
B. The decision of the Chief of Police to denv, suspend or revoke a
nonperformer license shall be appealable to the City Manager by filing a Nmitten
request for a hearing with the Cit}� Clerk within 15 days following the day of mailing
of the Chief of Police's decision and pa}�ing the required fee(s) as set forth in the
master fee schedule of the City adopted by resolution of the City Council. All such
appeals shall be filed with the City Clerk and shall be public records. The City
Manager shall issue a notice which shall set forth the time and place of a hearing
before the Cit}� Manager or a designated hearing officer ��hich is ���ithin 30 days
from the date the appeal was filed and the ground or grounds upon which the
hearing is based, the pertinent Chula Vista Municipal Code sections, and a brief
statement of the factual matters in support thereo£ The notice shall be mailed,
postage prepaid, addressed to the last kno�m address of the applicant or shall be
delivered to the applicant personally. at least ]0 days prior to the hearing date.
SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
FINDINGS
City Council has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that the proposed
activity is not a "ProjecY' as defined under section 15378 of the State CEQA Guidelines
because the adoption of this ordinance, will not result in a physical change to the
environment therefore. pursuant to Section 15060(c)(3) of the State CEQA Guidelines the
proposed activitv is not subject to CEQA. Notwithstanding the forgoing. City Council has
further determined that there is also no possibility that the proposed activity will have a
significant effect on the em�ironment therefore, pursuant to Section 15061(b)(3) of the State
CEQA Guidelines the activity is esempt from the provisions of CEQA.
SECTION 4. SEVERABILITY
If any portion of this Ordinance. ar its application to any person or circumstance, is
for any reason held to be invalid. unenforceable or unconstitutional, by a cour[ of
competent jurisdiction. that portion shall be deemed severable, and such invalidity,
unenforceability or unconstitutionality shall not affect the validity or enforceabilit}� of the
remaining portions of the Ordinance, or its application to any other person or circumstance.
The City Council of the Cit}� of Chula Vista hereby declares that it ���ould have adopted
each section. sentence; clause or phrase of this Ordinance, irrespecti��e of the fact that an}�
one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid,
unenforceable or unconstitutional.
SECTION 5. EFFECTNE DATE
This Ordinance shall take effect and be in force on the 30th dav after its tinal passase.
Ordinance No. 3315
Page No. 21
SECTION 6. PliBLICATION
The Cit� Clerk shall certifi to the passa=e and adoption of this Ordinance and shall
cause the same to be published or posted accordine to laN�.
Presented b� Approved as to form b��
�
. � _
F:e l�� G. oua ton. FASLA GI R. Go ins
Direc r of Development Sen�ices Cit} tto ,
PASSED. .4PPROVED. and ADOPTED bv the Cit�� Council of the Citv of Chula
Vista_ California this 22nd dav of Julv 2014. b�� the follo�;�ins vote:
AYES: Councilmembers: Aeuilar. Bensoussan. Salas and Cox
I�TAYS: Councilmembers: None
ABSENT: Councilmembers: Ramirez
�
Chen�l Coz. Mav
ATTEST:
� �
Donna R. Norris. Cn4 . Citv C]erk
STATE OF CALIFORi\'I.A )
COUTTI' OF S.AN DIEGO )
CITY OF CHi1L.A VIST.4 )
I. Donna R. ?�TOrris. Cit�� Clerk of Chula �'ista. Califomia, do hereb�� certif�� that the foreeoine
Ordinance \'o. 331� had its first readins at a reeular meetine held on the 8th da�� of Jul�� 201�
and its second readine and adoption at a reeular meeting of said Cin Council held on the 22nd
dav of Julv 2014: and �i�as duh� published in summar�- form in accordance ��ith the requirements
of state laH and the Cit� Chaner. �
� �D� � �
Dated Donna R. Norris. CMC. Cin�Clerk