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Home My WebLink AboutNS-1652RJW/CM/fm 9/23/82 ORDINANCE NO.'NS-1652 AN ORDINANCE AMENDING SECTIONS 12-22, 12-27 AND 12-29 OF, AND ADDING SECTION 12-45 TO, ARTICLE II OF CHAPTER 12 OF THE SANTA ANA MUNICIPAL CODE, RELATING TO PEEP SHOW ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 12-22 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 12-22. Definitions. (a) "Peep show establishment" shall mean any place to which the public is permitted or invited wherein still or motion picture machines, projectors or other image producing devices are maintained to show images to five (5) or fewer persons per machine at any one time for any con- sideration and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified anatomical areas" or "specified sexual activities." (b) As used in this article, the term "specified anatomical areas" shall have the same meaning as defined in Section 41-152.1 of this code and the term "specified sexual activities" shall have the same meaning as defined in Section 41-152.2 of this code. (c) "Peep show device" shall mean any still or motion picture machine, projector or other image producing device which shows images to five (5) or fewer persons at any one time for any consideration and where the image so displayed is distinguished or characterized by an emphasis on depicting or describing "specified anatomical areas" or "specified sexual activities." (d) "Viewing Area" shall mean the area where a patron or customer would ordinarily be positioned while watching a film or peep show device. SECTION 2. That Section 12-27 of the Santa Ana Municipal Code, is hereby amended to read as follows: ORDINANCE NO. NS- 1652 Page Two Sec. 12-27. Permit; investigation. Every applicant shall file an application for a permit, or for the renewal of a permit, with the director of finance of the City of Santa Ana upon the form to be pro- vided by the director of finance. Immediately upon the receipt of an application, the director of finance shall deliver said application to the city manager or his delegate. The city manager or his delegate shall cause to be made an investigation of the application to determine whether: (a) The applicant has knowingly made a false or misleading statement of a material fact or omission of a material fact in the application; or (b) The operation of the business as proposed pursuant to the issuance or renewal of a license or permit will not be in compliance with the building, fire, electrical, zoning, plumbing and health require- ments as set forth in this code; or (c) The applicant is under eighteen (18) years of age; or (d) The applicant has had a similar type of license or permit previously revoked for good cause within one (1) year immediately preceding the date of the filing of the application, and can show no material changes in circumstances since such revocation; or (e) Customers or patrons of the peep show establish- ment have been convicted or pleaded nolo contendere or guilty to a misdemeanor or felony crime of moral turpitude or a misdemeanor or felony crime involving sexual misconduct including, but not limited to, all offenses listed in subsection (a) of Penal Code Section 290, Penal Code Sections 311.2 through 311.7, Penal Code Sections 314 through 318, and subsections (a), (b), (c), (d) or (h) of Section 647 of the Penal Code, or any offenses involving pimping, pandering, prostitution or lewd conduct, arising out of acts on the premises or areas under control of the peep show establishment; and the applicant, having been previously advised or notified by the city of the occurrance of such criminal acts, has failed or refused to take or institute reasonable precautions or safeguards to insure that such criminal acts do not further occur. ORDINANCE NO. NS- 1652 Page Three SECTION 3. That Section 12-29 of the Santa Aha Municipal Code, is hereby amended to read as follows: Sec. 12-29. Suspension or revocation of permit. In the event that any person holding a permit shall violate or cause or permit to be violated any of the provisions of this article, including subsections (b) and (e) of Sec. 12-27, or any provision of any other article, ordinance or law relating to or regulating said business, or shall conduct or carry on the business in a manner which manifests a disability to perform properly the duties of the business as evidenced by the commission of an act or a series of acts, the city manager may, in addition to other penalties provided by this Code, take action to suspend or revoke the permit issued for conducting or carrying on the business. The action of the city manager shall be subject to the appeal provisions of Chapter 3 of this Code except that the city manager may take immediate action with respect to a permit, if a subsequent hearing is provided, where there is an urgency of immediate action to protect the public from injury or harm, or where a permit has been issued based on material misrepresentation in the applica- tion and but for the material misrepresentation, the permit would not have been issued. SECTION 4. That the Santa Aha Municipal Code is hereby amended by adding a section to be numbered 12-34.5, which said section reads as follows: Sec. 12-34.5. requirements. Peep show establishments-operating No person, association, partnership, or corporation shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on the operation of a peep show establishment unless each and all of the following requirements are met: (a) A minimum of one (1) toilet and wash basin shall be provided for the patrons in every peep show establishement. Each wash basin shall be provided with soap or detergent and sanitary towels placed in per- manently installed dispensers. A trash receptacle shall be provided in each toilet room. (b) In toilet rooms, a waterproof floor covering shall be provided which extends up the walls at least ORDINANCE NO. NS- 1652 Page Four six (6) inches and shall be coved at the floor-wall juncture with at least a 3/8 inch radius. Walls of toilet rooms shall be smooth, waterproof and kept in good repair. (c) Ail walls, ceilings, floors, booths and all other physical facilities shall be in good repair and maintained in a clean and sanitary condition. Toilet rooms shall be thoroughly cleaned at least once each day the business is in operation. (d) All establishments shall be so equipped, maintained, and operated as to effectively control the entrance, harborage, and breeding of vermin, including flies. When flies or other vermin are present, effective control measures shall be instituted for their control or elimination. (e) There shall be no doors or curtains on the entrance to any toilet stall; and there shall be no locks or bolt on the door to the toilet facility. (f) Position of film or peep show device. (1) Ail viewing areas must be visible from a continuous main aisle and must not be obscured by any curtain, door, wall, or other enclosure. SECTION 5. The provisions of Sec. 12-34-5 shall not be app~-~le to any peep show establishment which, at the time the ordinance adding this section to this code becomes effective, has a permit from the city; provided, however, that once said permit has expired, the provisions of Sec. 12-34.5 shall be applicable to any subsequent application for a renewal of said permit. SECTION 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the de- cision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. ORDINANCE NO. NS-1652 Page Five SECTION 7. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED, this 1st day of N0~vember , 1982. ATTEST: oF / COUNCILMEMBERS: Bricken Awe Luxembourger Absent Acosta Ave Serrato Ave Griset Markel A~ McGuigan Aye APPROVED AS TO FORM: CITY ATTORNEY