Loading...
HomeMy WebLinkAboutMC-1052U Adopted: July 19, 1999 Effective: July 19, 1999 ORDINANCE NO. MC-1052 2 ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 5.12 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 3 ENTERTAINMENT-DANCES AND ADDING CHAPTER 5.14 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ENTERTAINMENT-DANCES AND 4 ADULT ENTERTAINMENT AND DECLARING THE URGENCY THEREOF 5 WHEREAS, the City of San Bernardino, California has reviewed and analyzed numerous 6 studies, reports, articles, judicial decisions, and the experience and legislative findings of other municipalities and counties in Southern California, and around the country concerning the 7 impacts, or "secondary effects" of Adult Businesses (as that term is defined in Chapter 19.06 of this Code) that provide live erotic entertainment where the Performers are nude, partially nude, or 8 clothed in attire commonly referred to as pasties and a g-string; and 9 WHEREAS, in conjunction with the adoption of this Ordinance, the City is adopting an Ordinance relating to licensing requirements for premises offering entertainment not engaging in 10 Adult businesses entertainment; and 11 WHEREAS, the Common Council has previously found that there are significant and serious secondary effects from Adult Businesses that justify regulation to protect the public health, 12 safety and welfare; and 13 WHEREAS, the Common Council has previously been presented with evidence of those secondary effects relating to zoning regulations; and 14 WHEREAS, in Barnes v, Glen Theaters (1991) 501 U,S, 560, the United States Supreme 15 Court found it to be constitutionally permissible to prohibit nudity, including public nudity in Adult Businesses, in part due to the secondary effects associated with such public nudity in Adult 16 Businesses which secondary effects include, but are not limited to the increase in prostitution, increase in sexual assaults, increase in the spread of sexually transmitted diseases and the increase 17 in criminal activity; and 18 WHEREAS, the City of San Bernardino has for many years engaged in rigorous, firm, and effective policies and regulations relating to uses and activities that could have adverse impacts on 19 the continued stability and vitality of the residential and business areas of the City, and the regulations imposed by this Ordinance, are a continuation of and consistent with those long- 20 standing policies and regulations, 21 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 22 SECTION 1. 23 SECTION 2. 24 as follows: 25 //1 26 1// 27 //1 28 Section 5.12 of the San Bernardino Municipal Code is hereby repealed. Chapter 5.14 is hereby added to the San Bernardino Municipal Code to read ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 5.12 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 2 ENTERTAINMENT-DANCES AND ADDING CHAPTER 5,14 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ENTERTAINMENT-DANCES AND 3 ADULT ENTERTAINMENT AND DECLARING THE URGENCY THEREOF 4 5 6 7 8 9 10 Chapter 5.14 ENTERTAINMENT-DANCES AND ADULT ENTERTAINMENT Sections: 5.14,010 5.14.020 5.14.030 5.14.040 5.14.050 5.14,060 5.14.070 5.14.080 5.14.090 5.14.100 5.14.110 5.14,120 5.14,130 Definitions License-Required License-Application and Fees Application Requirements Issue of License-Investigation Additional Regulations- Adult Entertainment License- N ontransfera ble- Posting License-Fee License-Duration Exemptions from filing, processing and license fees SuspensionlRevocation of license Appeal Licenses and Fees not Exclusive Exceptions Severability Penalty Definitions. 24 For the purpose of this Chapter, certain words and phrases shall be construed as set forth in this section, unless it is apparent from the context that a different meaning is intended. II 12 13 14 15 16 17 18 19 20 21 22 23 5.14,140 5,14.150 5,14.160 5,14.010 A. "Dine and dance clubs," and "night clubs," mean and include all hotels, restaurants, 26 cafes, road houses, inns, taverns, bars, or any place open to the public, wherein or whereat beverages, meals or dinners are served, and where the public and patrons thereof may dance, or 27 where entertainers may perform. 25 28 2 1 ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 5.12 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 2 ENTERTAINMENT-DANCES AND ADDING CHAPTER 5.14 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ENTERTAINMENT-DANCES AND 3 ADULT ENTERTAINMENT AND DECLARING THE URGENCY THEREOF 4 B. A "public dance", "dancing club", or "public dance hall" means and includes any public place open to the public wherein or whereat the public may engage in dancing, including 5 places and dances where admission thereto is by membership or other special privilege, 6 C. "Entertainment" means: 7 1, Any act, play, review, pantomime, scene, dance act, or song and dance act, performed by one or more persons, whether or not such person or persons are compensated for 8 such performance, when the same is performed at a public dance hall, public dance, dancing club, dine and dance club or night club; or 9 10 2. Any fashion or style show, except: a. When the same is conducted by a nonprofit club, organization or II association, as a part of the social activities of such club, organization or association to which members of the general public are not invited; or 12 b. When the same is conducted by a person as a part of a commercial 13 business which primarily involves the sale or manufacture of clothing or wearing apparel. 14 3. The following is included in the term "entertainment": The presence of any performer, dancer, employee, agent, model or other person, collectively and/or individually 15 referred to as "entertainer", in any place of entertainment as defined in Sections 5.14.010(A) or (B) who engages in any specified sexual activity (as that term is defined in Chapter 19.06 of this 16 Code) not otherwise prohibited by local, State or Federal law, or who exposes any specified anatomical part (as that term is defined in Chapter 19,06 of this Code) not otherwise prohibited by 17 local, State or Federal law, or who performs in attire commonly referred to as pasties or a G-string, or any other opaque covering which does not expose the areola or nipples of the female breast, and 18 while covering the natal cleft and pubic area covers less than one inch on either side of the entire length of the natal cleft and two inches across the pubic area, Entertainment as described in this 19 subsection shall be subject to all regulations as described in Chapter 19.06 of this Code. 20 D. "Notice" means written notice, given by personal service upon the addressee, or, given by United States mail, postage prepaid, addressed to the person to be notified at his or her 21 last known address. Service of such notice shall be effective upon the completion of personal service, or upon the placing ofthe same in the custody of the United States Postal Service. 22 E. 23 Chapter. "License" means a license required and issued pursuant to the provisions of this 24 III 25 III 26 III 27 III 28 3 ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 5.12 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 2 ENTERTAINMENT-DANCES AND ADDING CHAPTER 5.14 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ENTERTAINMENT-DANCES AND 3 ADULT ENTERTAINMENT AND DECLARING THE URGENCY THEREOF 4 5.14,020 License-Required 5 It is unlawful for any person, firm, corporation or association of persons, to operate, 6 conduct or carry on any act of entertainment, public dance hall, public dance, dancing club, dine and dance club or night club, as the same are defined in Section 5,14.010 without first obtaining a 7 license to do so as provided in this Chapter. 8 5.14.030 License-Application and fees 9 Any person required to obtain a license pursuant to this Chapter shall file a written application therefor with the City Clerk and shall be accompanied by a fee established by 10 resolution of the City Council which shall be no more than necessary to cover the costs of processing and investigation, 11 12 5.14.040 Application Requirements The following information shall be submitted to the City Clerk by the owner at the time of 13 applying for a license: 14 A. A description of all proposed entertainment business activities and anticipated occupancy; 15 B. A site plan describing the building and/or unit proposed for the entertainment 16 establishment and a fully dimensioned interior floor plan; 17 c. The application shall contain the following information: 18 I. The owner's name, residence street address, and mailing address, if different, and California driver's license number and any and all aliases, 19 20 2, The name under which the entertainment enterprise is to be operated, 3. The telephone number of the enterprise and the address and legal 21 description of the parcel ofland on which the enterprise is located, 22 4, The date on which the owner acquired the enterprise for which the license is sought, and the date on which the enterprise began or will begin operations at the location for 23 which the license is sought, and 24 5. If the enterprise is owned andlor operated by a corporation, or other limited liability entity, or association of persons, the name of each officer andlor director of the 25 corporation, limited liability entity, or association of persons. If the enterprise is owned and or operated by a partnership, the name of each general partner of the partnership; 26 D. A statement under oath that the owner has personal knowledge of the information 27 contained in the application and the information contained is true and correct; 28 4 1 ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 5.12 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 2 ENTERTAINMENT-DANCES AND ADDING CHAPTER 5.14 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ENTERTAINMENT-DANCES AND 3 ADULT ENTERTAINMENT AND DECLARING THE URGENCY THEREOF 4 E. A statement that the owner has read and understands the provisions of this chapter. 5 F, A statement whether the owner previously operated in this or any other County, City or State under an entertainment establishment licenselpermit or similar business license, and 6 whether the owner has ever had a license revoked or suspended and the reason therefore, and the business entity or trade name under which the owner operated that was subject to the suspension or 7 revocation; 8 G. If the premises are being rented or leased or being purchased under contract, a copy of such lease or contract shall accompany the application, 9 10 5.14.050 Issue of License-Investigation A. Upon receipt of an application for an entertainment license, the City Clerk shall II conduct an investigation to determine if the proposed business is in compliance with the provisions of this chapter. The investigation shall include forwarding copies of the application to 12 the Police Department, Development Services and the Fire Department for their own independent investigation, Each department shall make recommendations as to the issuance or denial of the 13 license and forward said results to the City Clerk within 30 days of receipt of the application. The City Clerk, shall, within 45 days of receipt of a complete permit application, approve and issue the 14 permit if all the requirements of this section have been met. If the City Clerk determines that the application does not satisfy the requirements of this chapter, helshe shall deny the application. 15 I. The applicant shall be served with written notice of the decision. Notice 16 shall be personally served or served by deposit in the United States mail, first class postage prepaid, at the address shown on the application. Service shall be deemed complete upon personal 17 service or deposit in the United States Post Mail. 18 B, Standards for Approval of License. The City Clerk shall approve and issue an entertainment license if the application and evidence submitted show that: 19 I. The operation, as proposed by the applicant, if permitted, would comply 20 with all applicable laws, including but not limited to the City's building, fire, zoning and health regulations; and 21 2. The applicant has not knowingly made any false, misleading or fraudulent 22 statement offact in the license application process, or on any document required by the City in conj unction therewith. 23 3. If the occupancy limit of that portion of the premises where entertainment is 24 performed is greater than two hundred (200) persons, at least one security guard will be on duty outside the premises, patrolling the grounds and parking areas at all times while the entertainment 25 is provided, An additional security guard will be on duty inside the premises ifthe occupancy exceeds four hundred (400) persons. The security guards shall be charged with preventing 26 violations oflaw and enforcing compliance by patrons with the requirements of the chapter. No security guard required pursuant to this subparagraph shall act as a door person, ticket seller, ticket 27 taker, or admittance person while acting as a security guard, An additional security guard shall be 28 5 ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 5.12 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 2 ENTERTAINMENT-DANCES AND ADDING CHAPTER 5.14 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ENTERTAINMENT-DANCES AND 3 ADULT ENTERTAINMENT AND DECLARING THE URGENCY THEREOF 4 provided if one security guard is to be utilized for the purpose of conducting searches on patrons. All security guards shall be licensed in accordance with Business and Professions Code ~7582, et 5 seq. 6 4. The premises within which the entertainment is located shall provide sufficient sound absorbing insulation so that noise generated inside the premises shall not be 7 audible anywhere on adjacent property or public right-of-way or within any other building or other separate unit within the same building; 8 5. All entertainment described within Section 5,14.010 complies with the 9 additional regulations in Section 5.14,060; 10 6. All signage conforms to the standards applicable in Title 19 of this Code; II 7. Every place of entertainment shall have a manager on the premises at all times when entertainment is performed; 12 8. The place of entertainment must not operate or be open between the hours 13 of two a.m, and eight a.m" however, the restriction herein imposed applies only to permitting or allowing the public to dance and to the providing of entertainment of any sort other than 14 mechanical music between such hours and is not deemed to prevent or make unlawful the serving of meals or refreshments between such hours; and 15 9, All business activities must take place within the enclosed structures, unless 16 otherwise permitted by the City. 17 I O. The City Clerk shall impose conditions prior to approval of an application which are deemed necessary by the Police Department, Development Services, and the Fire 18 Department to insure compliance with the provisions of this Chapter or to protect the public health and safety. Such conditions shall be limited to the following: hours of operation, maximum 19 occupancy, fire and life safety issues, fire suppression, exterior signage prohibiting loitering and littering, location of the business, amount and type of calls for police service in the area, exterior 20 lighting, existence of pubic telephones and security guards. 21 5.14.060 Additional Regulations. 22 The following regulations shall apply to all entertainment described in Section 5.14,OlO(C)(3): 23 A. No operator, entertainer or employee of a place of entertainment shall permit to be 24 performed, offer to perform, perform or allow patrons to perform sexual intercourse, oral or anal copulation, lap or straddle dancing, fondling or stimulation of human genitals, pubic region, 25 buttocks, or female breasts. 26 B. No operator, entertainer or employee of a place of entertainment shall encourage or permit any person upon the premises to lap or straddle dance, touch, caress, or fondle the breasts, 27 buttocks, anus or genitals of any other person. 28 6 l 1 ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 5.12 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 2 ENTERTAINMENT-DANCES AND ADDING CHAPTER 5.14 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ENTERTAINMENT-DANCES AND 3 ADULT ENTERTAINMENT AND DECLARING THE URGENCY THEREOF 4 C. If the place of entertainment is licensed to serve alcoholic beverages, the licensee shall abide by the rules and regulations set forth by the California Department of Alcoholic 5 Beverage Control. 6 D. No person shall perform for patrons any entertainment described in Section 5.14,OI0(C)(3) except upon a stage at least eighteen (18) inches above the level of the floor which 7 is separated by a distance of at least six feet from the nearest area occupied by patrons, and no patron shall be permitted within six feet of the stage while the stage is occupied by an entertainer. 8 This subsection shall not apply to individual viewing areas where the stage is completely separated from the viewing area, floor to ceiling, by plexiglass or other clear permanent barrier. 9 10 E. Stage or entertainment areas shall not be open to view from outside the premises. F, Permanent barriers shall be installed and maintained to screen the interior of the II premises from public view for each door used as an entrancelexit to the business, 12 G, No exterior door or window shall be propped or kept open at any time during hours of operation; any exterior windows shall be covered with opaque covering at all times, 13 H, No person under the age of eighteen (18) years shall be permitted within the 14 premises at any time during hours of operation, 15 I. The place of entertainment shall maintain separate restroom facilities for male patrons and employees and female patrons and employees. Male patrons and employees shall be 16 prohibited from either looking into or using the restrooms for females and female patrons and employees shall be prohibited from using the restrooms for males except to carry out the duties of 17 repair, maintenance and cleaning of the restroom facilities. Restrooms shall not contain television monitors or other motion picture or video projection recording or reproduction equipment. 18 J. The premises shall provide separate dressing room facilities for male and female 19 entertainers which are exclusively dedicated to the entertainer's use. 20 K. The licensee shall provide an entrance/exit to the premises for entertainers which is separate from the entrancelexit used by patrons, 21 L. No entertainer shall have physical contact with any patron and no patron shall have 22 physical contact with any entertainer while on the premises. M, All areas of the place of entertainment accessible to patrons shall be illuminated at 23 least to the extent of two foot-candles (measured as units of illuminance), minimally maintained and evenly distributed at ground level. 24 N, Individual viewing areas shall be operated and maintained without any hole or 25 other opening or means of direct communication or visual or physical access between the interior space of two or more individual viewing areas. 26 27 time. 0, No individual viewing area may be occupied by more than one person at anyone 28 7 1 ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 5.12 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 2 ENTERTAINMENT-DANCES AND ADDING CHAPTER 5.14 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ENTERTAINMENT-DANCES AND 3 ADULT ENTERTAINMENT AND DECLARING THE URGENCY THEREOF 4 P. All individual viewing areas shall be physically arranged in such a manner that the entire interior portion of the individual viewing area is directly visible from aisles and public areas 5 of the premises. Visibility into the individual viewing rooms shall not be blocked or obscured by doors, curtains, partitions, drapes, or any other obstruction whatsoever. 6 Q. No patron, guest or invitee shall directly payor give any gratuity to any performer, 7 dancer, employee or model and no dancer, performer, employee or model shall solicit any payor gratuity from any patron. 8 R, No owner or other person with managerial control over an Adult Business (as that 9 term is defined in Chapter 19.06 of this Code) shall permit any person on the premises of the Adult Business to engage in a live showing of the human male or female genitals, pubic area, or 10 buttocks with less than a fully opaque covering, andlor the female breasts with less than a fully opaque covering over any part of the nipple or areola andlor covered male genitals in a discernibly 11 turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specific anatomical part required to be covered, 12 13 5.14,070 License- N ontransferab le- P os ting No entertainment establishment license shall be sold, transferred, or assigned by any 14 license holder, or by operation of law, to any other person, group, partnership, corporation or any other entity, and any such sale, transfer or assignment, or attempted sale, transfer, or assignment 15 shall be deemed to constitute a voluntary surrender of such license, and such license shall be thereafter null and void. A license held by an individual in the name of a corporation or 16 partnership is subject to the same rules of transferability as contained above, License shall be valid only for the exact location specified in the permit. Each license shall be posted in a 17 conspicuous place in or upon the premises for which it is issue, and shall be shown to any City Official upon demand. 18 5.14,080 License-Fee. 19 A. For every person, firm, corporation or association of persons conducting, operating, 20 managing or carrying on a public dance, dance hall, dancing club, dine and dance club or night club as the same are defined in Section 5.14,0 10, the license fee shall be at the rate set by 21 resolution adopted by the Mayor and Common Council. 22 B, Every person, firm, corporation or association of persons operating, conducting, or carrying on a public dance where the owner, manager or operator does not operate, conduct or 23 carry on a public dance at least one night in each month, shall pay a license fee at the rate set by resolution adopted by the Mayor and Common Council. 24 25 5.14.090 License-Duration. Licenses issued pursuant to this Chapter shall be valid for a period of one year or until 26 revoked or abandoned, 27 III 28 8 ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 5.12 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 2 ENTERTAINMENT-DANCES AND ADDING CHAPTER 5,14 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ENTERTAINMENT-DANCES AND 3 ADULT ENTERTAINMENT AND DECLARING THE URGENCY THEREOF 4 5.14.100 Exemptions from filing. processing and license fees 5 A, A bona fide church, nonprofit organization or charitable organization recognized as such under state law, bona fide lodge, fraternal organization or fraternal society which carries on 6 such dances solely for the amusement or entertainment of its bona fide members, or for the purpose of securing funds for such organization for its own operating needs or for charitable 7 purposes, shall be exempt from payment of filing, processing and license fees. 8 5.14.110 SuspensionlRevocation of license 9 The City Clerk shall suspend or revoke a permit issued under the provisions of this chapter for any of the following reasons: 10 A. 11 B. 12 application; The licensee has ceased to meet the requirements for issuance oflicense; The applicant gave materially false, fraudulent or misleading information on the 13 C. The operation, as conducted by the licensee, does not comply with all applicable laws, including, but not limited to, the City's building, fire, zoning and health regulations; 14 D, Excessively loud music or noise from the establishment for which the permit was 15 issued interferes with the peace and quiet of the neighborhood; 16 E. The place of entertainment has been operated in violation of any of the requirements of this chapter. 17 F, The license holder is convicted of a felony or misdemeanor occurring upon, or 18 relating to the premises or lot upon which the place of entertainment is located which offense is classified by the State as an offense involving any sexual crime against children, sexual abuse, 19 rape, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to the violation of any crime requiring registration under 20 California Penal Code 290, or any violation of Penal Code Sections 243.3, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286,5, 288, 288 a, 311 through 311,10, inclusive, 314, 21 3l5,316or647;or 22 G. If any person or persons is (are) convicted ofa felony or misdemeanor for an offense set forth in subsection (F) of this section as a result of such person's activity on the 23 premises or property on which the place of entertainment is located, and the person or persons were employees, contractors or agents of the place of entertainment at the time the offenses were 24 committed, 25 26 5.14,120 Appeal A. Any applicant aggrieved by the decision of the City Clerk with reference to the 27 issuance, conditional issuance, denial, suspension, or revocation of a license, may appeal to the 28 9 1 ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 5.12 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 2 ENTERTAINMENT-DANCES AND ADDING CHAPTER 5,14 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ENTERTAINMENT-DANCES AND 3 ADULT ENTERTAINMENT AND DECLARING THE URGENCY THEREOF 4 Hearing Officer for the City of San Bernardino, appointed by the Mayor. 5 B, The right to appeal to the Hearing Officer from the denial, suspension or revocation of any license required by this chapter shall terminate upon the expiration of fifteen (15) days 6 following the deposit of a certified letter in the United States Post Office advising the applicant of the action of the City Clerk and of his or her right to appeal such action to the Hearing Officer. 7 C. The hearing shall be held within twenty (20) days of the receipt by the City Clerk 8 ofthe appeal, or at the next regularly scheduled meeting of the Hearing Officer, whichever is sooner. 9 D. The Hearing Officer shall render his/her decision within five days from the date of 10 the hearing. The decision of the Hearing Officer shall be final and conclusive and shall not be subject to appeal to the Mayor and Common Council. Pursuant to Code of Civil Procedure 11 91094.6, any action to review the decision of the Hearing Officer shall be commenced not later than the ninetieth day after the Hearing Officer's order is rendered. 12 E. The Hearing Officer shall take all lawful steps to insure that any applicant whose 13 permit has been denied pursuant to this chapter shall be afforded prompt judicial review of the Hearing Officer's decision to deny the permit. 14 15 5.14.130 Licenses and Fees Not Exclusive Fees and licenses required by this chapter shall be in addition to any license, permit or fee 16 required under any other chapter of this Code. 17 5,14.140 Exceptions 18 The provisions of this chapter shall apply prospectively and shall not operate to revoke any valid live entertainment license in effect as of the date of the ordinance codified in this chapter. 19 The provisions of this chapter shall not be deemed to require an entertainment license for the following: 20 A, For the use of a radio, record player, juke box or television receiver in any 21 establishment; B, For the use of a piano or organ in any establishment; 22 C. For any entertainment provided for members and their guests at a private club 23 where admission is not open to the public; 24 D. For the playing of background music by any electronic means or instrument in conjunction with the service and consumption of food. 25 26 5.14.150 Severability In the event that any provision of this Ordinance, or any part thereof, or any application 27 thereof to any person or circumstance, is for any reason held to be unconstitutional or otherwise 28 10 1 ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 5,12 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 2 ENTERTAINMENT-DANCES AND ADDING CHAPTER 5.14 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ENTERTAINMENT-DANCES AND 3 ADULT ENTERTAINMENT AND DECLARING THE URGENCY THEREOF 4 invalid or ineffective by any court of competent jurisdiction on its face or as applied, such holding shall not affect the validity or effectiveness of any of the remaining provisions of this Ordinance, 5 or any part thereof, or any application thereof to any person or circumstance or of said provision as applied to any other person or circumstance, It is hereby declared to be the legislative intent of the 6 City that this Ordinance would have been adopted had such unconstitutional, invalid, or ineffective provisions not been included herein. 7 5.14,160 Penalty 8 Any person who violates, neglects, or refuses to comply with, or assists or participates in 9 any way in the violation of any of the provisions or requirements of this Ordinance or of any of the provisions or requirements of any Entertainment License, shall be guilty of a misdemeanor. 10 SECTION 3. Urgency. This urgency ordinance shall take effect immediately in II order to preserve the public peace, health, and safety, It is necessary that this ordinance take effect immediately to safeguard the City's ordinances from potential Constitutional challenges in light of 12 recent court decisions relating to the licensing requirements for businesses offering adult entertainment. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 .' ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 5,12 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 2 ENTERTAINMENT-DANCES AND ADDING CHAPTER 5.14 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ENTERTAINMENT-DANCES AND 3 ADULT ENTERTAINMENT AND DECLARING THE URGENCY THEREOF 4 1 HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and 5 joint Common Council of the City of San Bernardino at a regularmeeting thereof, held on 6 7 the 19t1rlay of Julv, 1999, by the following vote, to wit: COUNCIL MEMBERS: 8 ESTRADA 9 LIEN 10 MCGINNIS II SCHNETZ 12 VACANT 13 ANDERSON 14 MILLER 15 16 AYES NAYS ABSTAIN ABSENT x x x x x x 17 18 19 ~~~ Rac 1 G. Clark, City Clerk The foregoing ordinance is hereby approved this 19 July ,19'19. 20 21 22 Approved as to 23 form and legal content: 24 JAMES F. PENMAN, City Attorney 25 26 By:L '1 f~..--.-... n{/ 28 12 ." SUMMARY OF ORDINANCE NO, MC-1052 Ordinance of the City of San Bernardino repealing Chapter 5.12 of the San Bernardino Municipal Code relating to entertainment -dances and adding Chapter 5.14 to the San Bernardino Municipal Code relating to entertainment-dances and adult entertainment and declaring the urgency thereof. Said ordinance repeals Chapter 5.12 and adds Chapter 5.14, Entertainment-Dances and Adult Entertainment, to the San Bernardino Municipal Code. The ordinance enumerates the requirements, processes and conditions in which the City Clerk, with investigation input from the Police Department, Department of Development Services and the Fire Department, reviews, denies and grants applications for entertainment licenses, including license applications for adult entertainment. It is necessary that this ordinance take effect immediately to safeguard the city's ordinances from potential Constitutional challenges in light of recent court decisions relating to the licensing requirements for businesses offering adult entertainment. Adopted: Effective: July 19, 1999 July 19, 1999 VOTE A YES: Council Members Estrada, Lien, McGinnis, Schnetz, Anderson, Miller. NAYS: None. ABSENT: None. V ACANT: Fifth Ward Council Member. FULL TEXT OF THIS ORDINANCE IS A V AILABLE IN THE CITY CLERK'S OFFICE JUDITH V ALLES - MAYOR RACHEL G. CLARK - CITY CLERK Approved by: . Pth4~ es F. Penman, City Attorney