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f:\atty\munNaws\mjm\adultretailrevised2.doc
City Council Meeting 10-25-05 Santa Monica, California
ORDINANCE NUMBER 2173 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING CHAPTER 9.44 OF THE SANTA MONICA MUNICIPAL
CODE RELATING TO SEXUALLY-ORIENTED BUSINESSES
WHEREAS, Santa Monica is a small, densely populated city in which many
residents live in very close proximity to businesses and commercial thoroughfares; and
WHEREAS, the City Council wishes to proted residents' quality of life by, among
other things, ensuring to the extent possible that businesses do not operate in a way
which unduly disrupts or threatens residential neighborhoods; and
WHEREAS, Santa Monica is the home of thousands of families which include
children and youth; and
WHEREAS, the City Council wishes to protect the safety, welfare and quality of
life of all Santa Monicans, particularly children and others who are less able to protect
themselves; and
WHEREAS, in addition to being" a residential community, Santa Monica is also a
visitor-serving entertainment center and home to a diverse business community; and
WHEREAS, the Council wishes to recognize and protect the rights of all business
owners; and
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WHEREAS, sexually-oriented businesses have secondary impacts on
surrounding neighbors and their quality of life; and
WHEREAS, the City Council hereby takes legislative notice of the existence and
content of the following studies concerning the adverse secondary side effects of
sexually-oriented businesses in other cities: Garden Grove, California (1991); Tucson,
Arizona (1990); Seattle, Washington (1989); Austin, Texas (1986); Oklahoma City,
Oklahoma (1986); Indianapolis, Indiana (1984); Houston, Texas (1983); Beaumont,
Texas (1982); Minneapolis, Minnesota (1980); Phoenix, Arizona (1979); Whittier,
California (1978); Amarillo, Texas (1977); Cleveland, Ohio (1977); and Los Angeles,
California (1977); S1. Paul, Minnesota (1987); Newport News, Virginia (1996); Times
Square, New York (1994); New York, New York (1994); and
WHEREAS, the City Council finds that these studies are relevant to the problems
addressed by the City in enacting this ordinance to regulate the adverse secondary side
effects of sexually-oriented businesses; and
WHEREAS, the City Council finds that these studies provide convincing evidence
that: (1) sexually-oriented businesses are linked to increases in the crime rates in the
businesses' vicinity and in surrounding areas for crimes such as narcotics use and
distribution, prostitution, pandering, and violence against persons and property; (2) both
the proximity of sexually-oriented businesses to sensitive land uses and the
concentration of sexually-oriented businesses tend to result in the blighting and
deterioration of the areas in which they are located lowering property values; (3) the
location and concentration of sexually-oriented businesses also results in significant
negative aesthetic impacts upon neighboring properties and the community as a whole;
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(4) the proximity and concentration of sexually-oriented businesses adjacent to
residential, recreational, religious, educational and other sexually-oriented business
uses can cause residents and businesses to relocate; and
WHEREAS, in developing this Ordinance, the City Council is mindful of legal
principles relating to regulation of adult businesses, and the City Council does not
intend to suppress or, infringe upon any expressive activities protected by the First
Amendment of the United States and California Constitutions but instead desires to
enact reasonable time, place, and manner regulations that address the adverse
secondary effects of adult businesses. The City Council has considered decisions of the
United States Supreme Court regarding local regulation of adult businesses, including
but not limited to: City of Littleton, Colorado v. ZJ Gifts D 4, 541 U.S. 744 (2004); City of
Los AnQeles v. Alameda Books, 535 U.S. 425 (2002); City of Erie v. Pap's A.M.
("Kandyland"), 529 U.S. 277 (2000); FW/PPBS. Inc. v. City of Dallas, 493 U.S. 215
(1990); City of Renton v. Playtime Theatres. Inc., 475 U.S. 41 (1986); and YounQ v.
American Mini Theaters. Inc., 427 U.S. 50 (1976); decisions of the United States Court
of Appeals for the Ninth Circuit, including but not limited to: Gammoh v. City of La
Habra, 395 F3d 1114 (9th Cir. 2005), ptn. for rehearinQ denied and opinion amended
402 F.3d 875; Dream Palace v. County of Maricopa, 384 F.3d 990 (9th Cir. 2004);
World Wide Video v. City of Spokane; 368 F.3d 1186 (9th Cir. 2004); Center for Fair
Public Policy v. Maricopa County, 336 F.3d 1153 (9th Cir. 2003); Diamond v. Citv of
Taft, 215 F.3d 1052 (9th Cir. 2000), cert. denied 531 U.S. 1072 (2001); Isbell v. City of
San DieQo, 258 F.3d 1108 (9th Cir. 2001); YounQ v. City of Simi Valley, 216 F.3d 807
(9th Cir. 2000), cert. denied 531 U.S. 1104 (2001); Lim v. City of LonQ Beach, 217 F.3d
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1050 (9th Cir. 2000), cert. denied 121 S.Ct. 1189 (2001); Baby Tam & Co.. Inc. v. City
of Las Veqas (" Baby Tam 1"),154 F.3d 1097 (9th Cir. 1998); Baby Tam :& Co., Inc. v.'
Citv of Las Vegas ("Babv Tam 11"), 199 F.3d 1111 (9th Cir. 2000); Baby Tam & Co., Inc.
v. City of Las Veqas ("Babv Tam 111"), 247 F.3d 1003 (9th Cir. 2001); 4805 Convoy. Inc.
v, Citv of San Dieqo, 183 F.3d 1108 (9th Cir. 1999); Topanqa Press, Inc. v. City of Los
Anqeles, 989 F.2d 1524 (9th Cir. 1993), cert. denied 511 U.S. 1030 (1994); Kev, Inc. v.
Kitsap County, 793 F.2d 1053 (9th Cir. 1986); Colacurcio v. City of Kent, 163 F.3d 545
(9th Cir. 1998), cert. denied 529 U.S. 1053 (2000); Bryan H. Crawford v. Daniel E.
Lunqren, 96 F.3d 380 (9th Cir. 1996); Ellwest Stereo Theatres, Inc. v. Paul Wenner, 681
F.2d 1243 (9th Cir. 1982); Tollis, Inc. v. San Bernardino County, 827 F.2d 1329 (9th Cir.
1987); Walnut Properties, Inc. v. City of Whittier, 861 F.2d 1102 (9th Cir. 1988); several
California cases, including but not limited to: THv B. , Inc.'v. Citv of Newport Beach, 69
Cal.AppAth 1 (1998); City of National Citv v. Wiener, 3 CalAth 832 (1993), cert. denied
510 U.S. 824; People v. Superior Court (Lucero) 49 Cal.3d 14 (1989); Department of
Alcoholic Beveraqe Control v. Alcoholic Beveraqe Appeals Board of California
("Vicary"), 99 Cal.AppAth 880 (2002); Citv of Valleio v. Adult Books, 167 Cal.App.3d
1169 (1985), cert. denied 475 U.S. 1064 (1986); Wayne C. Berry v. Citv of Santa
Barbara, 40 Cal.AppAth 1075 (1995); City of Stanton v. Cox, 207 Cal.App.3d 1557
(1989); J.L. Thomas v. County of Los Anqeles, 232 Cal.App.3d 916 (1991) ; and other
federal and state cases, including but not limited to: SOB, Inc. v. County of Benton, 317
F.3d 856, 863 (8th Cir. 2003); Lakeland Lounge v. City of Jacksonville, 973 F.2d 1255
(5th Cir. 1992), cert. denied 507 U.S. 1030 (1993); International Eateries v. Broward
County, 941 F.2d 1157 (11thCir.1991), cert. denied 503 U.S. 920(1992); LadvJ.
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Linqerie. Inc. v. City of Jacksonville, 176 F.3d 1358 (11th Cir. 1999); Executive Arts v.
City of Grand Rapids, 391 F.3d 783 (6th Cir. 2004); Z.J. Gifts 0-4. L.L.C. v. City of
Littleton, 311 F.3d 1220 (10th Cir. 2002); Encore Videos, Inc. v. City of San Antonio, 330
F.3d 288, (5th Cir. 2003), as amended 352 F.3d 938 (5th Cir. 2003); Williams v. Attorney
General of Alabama, 378 F.3d 1232 (11th Cir. 2004); Doctor John's. Inc. v. City of Sioux
City. Iowa, 305 F.Supp.2d 1022 (N.D. Iowa 2004); Wil-Kar, Inc. v. Villaqe of
Germantown, 153 F.Supp.2d 982 (E.D. Wis. 2001); State v. Hanna, 901 SO.2d 201
(Fla.App. 5 Dist.); and Z.J. Gifts 0-2. L.L.C. v. City of Aurora, 93 P.3d 633 (Colo.App.
2004); and
WHEREAS, based on the foregoing, the City Council finds and determines that
special regulation of sexually-oriented businesses is necessary to ensure that their
adverse secondary side effects will not contribute to an increase in crime rates, to the
blighting or deterioration of the areas in which they are located or surrounding areas. to
pornographic litter, and to detrimental economic and aesthetic impacts upon
neighboring properties and the community as a whole; and
WHEREAS, the need for such special regulations is based upon the recognition
that sexually-oriented businesses have serious objectionable operational
characteristics, particularly when several of them are concentrated under certain
circumstances or located in direct proximity to sensitive uses such as parks, schools,
churches, thereby having a deleterious side effect upon the adjacent areas; and
WHEREAS, one purpose and intent of these special regulations is to prevent the
concentration of sexually-oriented businesses and thereby prevent such adverse
secondary side effects; and
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WHEREAS, the local requirements established by this ordinance do not
unreasonably restrict the establishment or operation of constitutionally-protected
sexually-oriented businesses in the City, and a sufficient reasonable number of
appropriate locations for sexually-oriented businesses are provided by this Ordinance;
and
WHEREAS, zoning, licensing and other police power regulations are legitimate,
reasonable means of accountability to help protect the quality of life in the City and to
help assure that all operators of sexually-oriented businesses comply with reasonable
regulations and are located in places that minimize the adverse secondary effects which
naturally accompany the operation of such business; and
WHEREAS, the Council recognizes the possible harmful effects on children and
minors exposed to the effects of such sexually-oriented businesses and the need and
desire of children and minors to stay away from and avoid such businesses, which
causes children to be fearful and cautious when walking through or visiting a
neighborhood where such businesses are concentrated; and
WHEREAS, the potential for such harmful side effects on children and minors is
a particular concern in Santa Monica because so many schools, playgrounds and other
facilities routinely frequented by children are in or near commercial areas; and
WHEREAS, the Council desires to minimize and control the adverse secondary
side effects associated with the operation of sexually-oriented businesses and thereby
protect the health, safety, and welfare of the citizens of the City; and
WHEREAS, the Council desires to protect the citizens of the City from increased
crime, preserve the quality of life, preserve property values and the character of
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surrounding neighborhoods and businesses, deter the spread of urban blight, eliminate
pornographic litter, and protect against the threat to health from the spread of
communicable and sexually transmitted diseases; and
WHEREAS, while the Council respects and desires to protect the rights
conferred by the United States Constitution upon sexually-oriented businesses, the
Council intends to protects those rights in a manner that ensures the continued and
orderly economic development of property within the City and diminishes, to the
greatest extent feasible, those undesirable secondary effects which the aforementioned
studies have shown to be associated with the development and operation of sexually-
oriented businesses;
WHEREAS, it is not the intent of the City Council in enacting this Ordinance or
any provision thereof to condone or legitimize the distribution of obscene material, and
the City and its Council recognize that State law prohibits the distribution of obscene
materials and expect and encourage law enforcement official to enforce State obscenity
statutes against such illegal activities in the City; and
WHEREAS, the City Council does not intend to regulate in any area preempted
by California law, including, but not limited to, regulation of obscene speech; and
WHEREAS, nothing in this Ordinance is intended to authorize, legalize, or permit
the establishment, operation, or maintenance of any business, building, or use which
violates any City ordinance or any statute of the State of California regarding public
nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or
harmful matter, or the exhibition or public display thereof,
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 9.44 of the Santa Monica Municipal Code is hereby
amended to read as follows:
CHAPTER 9.44
SEXUALL Y-ORIENTED BUSINESSES
Section 9.44.010. Statement of purpose.
It is the purpose and intent of this Chapter to regulate
the operations of sexually-oriented businesses, which have
judicially recognized adverse secondary effects, including,
but not limited to, increases in crime in the vicinity of adult
businesses; decreases in property values in the vicinity of
adult businesses; increases in vacancies in residential and
commercial areas in vicinity of adult businesses; interference
with residential property owners' enjoyment of their
properties; and the deterioration of neighborhoods. Special
regulation of these businesses is necessary to prevent these
adverse secondary effects while at the same time protecting
the First Amendment rights of those individuals who desire
to own, operate or patronize adult businesses. It is therefore
the purpose of this Chapter to establish reasonable and
uniform regulations to prevent the concentration of sexually-
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oriented businesses or their close proximity to incompatible
uses, while permitting the location of sexually-oriented
businesses in certain areas.
Section 9.44.020. Location of Sexually-oriented
businesses.
It shall be unlawful to operate or cause to be operated
a sexually-oriented business except as provided in this
Code:
(a) Sexually-oriented businesses shall be considered
a permitted use only in Designated Commercial Districts.
Sexually-oriented businesses shall be prohibited in all other
zoning districts in the City.
(b) Within the Designated Commercial Districts, no
person shall cause or permit the establishment of any
sexually-oriented business within 500 feet of any, religious
institution, school, public park, public library, public
playground, or residential district, or within 1,000 feet of
another sexually-oriented business.
The required separation distance between sexually-
oriented businesses and any of the uses specified above
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shall be measured in a straight line from the closest points
on the property lines of each site.
(c) No more than one sexually-oriented business may
be operated or maintained in the same building, structure, or
portion thereof.
Section 9.44.030. Definitions.
(A) "Adult-oriented merchandise" shall mean any
goods, products, commodities or other ware, including, but
not limited to videos, CD ROMs, DVDs, computer disks or
other storage devices, magazines, books, pamphlets,
posters, cards, periodicals, or non-clothing novelties which
are distinguished or characterized by an emphasis upon the
depiction, simulation, or acting out of specified sexual
activities or specified anatomical areas.
(8) "Designated Commercial Districts" shall mean the
C3, C3C, C4, C5, LMSD, M1, and 8SC Districts.
(C) "Distinguished or characterized by an emphasis
upon" shall mean and refer to the dominant or essential
theme of the object described by such phrase. For instance,
when the phrase refers to films "which are distinguished or
characterized by an emphasis upon" the depiction or
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description of specified sexual activities or specified
anatomical areas, the films so described are those whose
dominant or predominant character and theme are the
depiction of the enumerated sexual activities or anatomical
areas.
(0) "Establishment of a sexually-oriented business"
shall mean and include any of the following:
(1) The opening or commencement of any sexually-
oriented business as a new business.
(2) The conversion of an existing business, whether
or not a sexually-oriented business, to any sexually-oriented
business defined herein.
(3) The addition of any of the sexually-oriented
businesses defined herein to any other existing sexually-
oriented business.
(4) The relocation of any such sexually-oriented
business.
(E) "Regularly features" shall mean a regular and
substantial course of conduct. Live performances which are
distinguished or characterized by an emphasis upon the
display of specified anatomical area or specified sexual
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activities which occur on four (4) or more occasions within a
thirty (30) day period; six (6) or more occasions within a sixty
(60) day period; or eight (8) or more occasions within a one
hundred eighty (180) day period shall be deemed to be a
regular and substantial course of conduct.
(F) "Religious Institution" shall mean church, convent,
monastery, synagogue, mosque, or other place of religious
worship.
(G) "Residential Districts" shall mean the R 1, R2,
R2R, R2B, R3, R3R, R4, RVC, R-MH, OP1, OP-D, OP2,
OP3, and OP4 Districts or any other district designated by
the City Council as a residential district.
(H) "School" shall mean any child or day care center,
or an institution of learning for minors, whether public or
private, offering instruction in those courses of study
required by the California Education Code and maintained
pursuant to standards set by the State Board of Education,
This includes a nursery school, kindergarten, elementary
school, middle or junior high school, senior high school,
charter school, or any special institution of education or work
training program for physically and mentally disabled adults,
but does not include a vocational or professional institution
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of higher education, including a community or junior college,
or college or university.
(I) "Sexually-oriented businesses" shall mean any of
the following:
(1) "Adult arcade" shall mean an establishment
where, for any form of consideration, one or more still or
motion picture projectors, or similar machines, for viewing by
five (5) or fewer persons each, are used to show films,
computer generated images, motion pictures, video
cassettes, slides or other photographic reproductions thirty
(30) percent or more of the number of which are
distinguished or characterized by an emphasis upon the
depiction, simulation, or acting out of specified sexual
activities or specified anatomical areas.
(2) "Adult cabaret" shall mean a nightclub, restaurant,
or similar business establishment which: (1) regularly
features live performances which are distinguished or
characterized by an emphasis upon the display of specified
anatomical areas or specified sexual activities; (2) which
regularly features persons who appear semi-nude; or (3)
shows films, computer generated images, motion pictures,
video cassettes, slides or other photographic reproductions
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thirty (30) percent or more of the number of which are
distinguished or characterized by an emphasis upon the
depiction, simulation, or acting out of specified sexual
activities or specified anatomical areas.
(3) "Adult hotel/motel" shall mean a hotel or motel or
similar business establishment offering public
accommodations for any form of consideration which: (1)
provides patrons with closed-circuit television transmissions,
films, computer generated images, motion pictures, video
cassettes, slides or other photographic reproductions thirty
(30) percent or more of the number of which are
distinguished or characterized by an emphasis upon the
depiction, simulation, or acting out of specified sexual
activities or specified anatomical areas; and (2) rents,
leases, or lets any room for less than a six (6) hour period, or
rents, leases or lets any single room more than twice in a 24
hour period.
(4) "Adult motion picture theater" shall mean a
business establishment where, for any form of consideration,
films, computer generated images, motion pictures, video
cassettes, slides or similar photographic reproductions are
shown, and thirty (30) percent or more of the number of
which are distinguished or characterized by an emphasis
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upon the depiction, simulation, or acting out of specified
sexual activities or specified anatomical areas.
(5) "Adult r~tail use establishment" shall mean an
establishment that has thirty (30) percent or more of its stock
in adult oriented merchandise.
(6) "Adult theater" shall mean a theater, concert hall,
auditorium, or similar establishment which, for any form of
consideration, regularly features live performances which are
distinguished or characterized by an emphasis on the
display of specified anatomical areas or specified sexual
activities.
(J) "Specified Sexual Activities" shall mean:
1. Human genitals in a state of sexual stimulation
or arousal;
2. Sex acts, actual or simulated, including acts of
masturbation, sexual intercourse, oral copulation, or
sodomy; or
3. Fondling or other erotic touching of human
genitals, pubic region, buttock, anus, or female breasts.
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4. Excretory functions as part of or in connection with
any of the other activities described in subdivisions (1)
through (3) of this subsection (J).
(K) "Specified Anatomical Areas" shall mean:
1. Less than completely and opaquely covered
(a) Human genitals, pubic region;
(b) Buttock; and
(c) Female breast below a point immediately above
the top of the areola; or
2. Human male genitals, less than completely and
opaquely covered, or human male genitals in a discernably
turgid state, even if completely and opaquely covered.
3. Any device, costume, or covering that simulates
any of the body parts included in subdivisions (1) or (2) of
this subsection.
(L) "Stock" shall mean any of the following:
(1) The business devotes thirty percent (30%) or
more of the retail floor area to adult-oriented merchandise.
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(2) The business devotes thirty percent (30%) or
more of its annual retail inventory (measured by the number
of items or the consumer retail price of the inventory) to
adult-oriented merchandise.
(3) The retail value of merchandise that is
distinguished or characterized by an emphasis on Specified
Sexual Activities or Specified Anatomical Areas is thirty
percent (30%) or more of the total retail value of inventory
offered in each of the following categories: (a) books, (b)
magazines, (c) video tapes or any material in digital format
including, but not limited to, compact disc (CD) or digital
video disc (DVD), for sale or rental, (d) non-clothing
novelties and devices, and (e) on-premises viewing of
images, films and/or videos.
(4) Annual gross revenue derived from adult-oriented
merchandise is thirty percent (30%) or more of the total
gross revenue.
There is a rebuttable presumption that a business
constitutes a sexually-oriented business where the business
(1) offers or advertises merchandise that is distinguished or
characterized by an emphasis upon Specified Sexual
Activities or Specified Anatomical Areas and (2) fails to
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make revenue and inventory related business records
available to the City upon reasonable advance notice.
Section 9.44.040. Amortization of nonconforming
uses.
The following amortization provisions shall apply to
nonconforming uses:
(a) Any use of real property existing on September
27, 2005, which does not conform to the provisions of this
Ordinance No. _ (CCS), but which was constructed,
operated and maintained in compliance with all previous
regulations governing sexually-oriented uses, shall be
regarded as a legal nonconforming use which may be
continued until November 24, 2006.
(b) The owner or operator of a nonconforming use
may apply to the City Council for an extension of time within
which to terminate the nonconforming use. An extension
shall be for a reasonable period of time commensurate with
the investment involved and shall be approved if the City
Council makes all of the following findings or such other
findings as are required by law:
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(1) The applicant has made a substantial investment
(including but not limited to lease obligations) in the property
or structure on or in which the nonconforming use is
conducted; such property or structure cannot be readily
converted to another use; and such investment was made
prior to September 27,2005.
(2) The applicant will be unable to recoup said
investment as of November 24, 2006.
(3) The applicant has made good faith efforts to
recoup the investment and to relocate the use to a location
to meet the requirements of this Chapter.
(c) For purposes of this section, in the case of two
adult uses located within 1,000 feet of one another, that use
which was first lawfully established and is otherwise in
conformity with this Chapter, shall be entitled to continue in
its present location.
Section 9.44.050. Processing and Approval of
Business License Applications. .
The City shall act upon any application for a business
license to operate a sexually-oriented business within thirty
(30) days. The failure to act on the application within thirty
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(30) days shall be deemed an approval unless the applicant
voluntarily agrees to extend the time for the City to act upon
the application. The City shall approve the business license
application unless it is determined that:
(1) The applicant, its employee, agent, partner,
director, officer, stockholder or manager has knowingly
made any false, misleading or fraudulent statement of
material fact in the application or in any report or record
required to be filed with the Finance Department.
(2) The application does not contain the information
required by this Chapter or Chapter 6 of this Code.
(3) All required fees have not been paid.
(4) The operation of the sexually-oriented business is
or would be in violations of one or more provisions of this
Chapter.
(5) The premises where the sexually-oriented
business is or would be located do not comply with all
applicable laws, including, but not limited to the City's
building, health, zoning and fire ordinances.
(6) A business license for the operation of the
sexually-oriented business has been issued to the applicant,
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a partner of the applicant or a stockholder of the applicant
which stockholder owns more than 10 percent of the
applicant's corporate stock, which business license has been
suspended and the period of suspension has not yet ended.
Notice of the business license denial shall be in writing and
shall state the grounds for denial. Notice shall be personally
served to the business license applicant or mailed to the
address listed on the application form.
Section 9.44.060. Business License Validity and
Conditions.
The City may condition issuance of a business license
to ensure compliance with the provisions of this Chapter and
other standards and regulations of the City's Municipal Code
applicable to the operation of a sexually-oriented business.
Each business license shall be valid only:
(a) For the business owner(s) specified in the
business license application.
(b) For the business name for the sexually-oriented
business listed in the business license application.
(c) For the specific type of sexually-oriented business
described in the business license application.
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(d) For the specific location described in the business
license application.
Section 9.44.070. Sale or Transfer of Business.
(a) No business license issued in compliance with
this Chapter shall be assigned or transferred without the
prior written approval of the City. The applicant shall apply
for a transfer on a form provided by the City and shall pay
the application processing fee established by Council
resolution for a new sexually-oriented business.
(b) An application for approval of a transfer of a
business license shall be required prior to any change in an
interest in a partnership or ownership of 10 percent or more
of the stock of a corporation to any person not listed on the
original approved application.
(c) An application for transfer of a business license
may be denied for any of the grounds specified for denial of
an original business license application.
Section 9.44.080. Displays.
A sexually-oriented business authorized by this
Section shall not display any signs, advertising, posters,
photographs, graphic representations or adult-oriented
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merchandise that can be viewed by persons off the site and
which depict specified sexual activities or specified
anatomical areas.
Section 9.44.090. Judicial Review.
Anyone seeking judicial review of any administrative
action under this Chapter may seek a writ of mandate for
prompt judicial review of such administrative action pursuant
to California Code of Civil Procedure Section 1094.8.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
23
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
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Approved and adopted this 25th day of October, 2005.
l
Pam O'Connor, Mayor
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2173 (CCS) had its introduction on October 11, 2005, and was
adopted at the Santa Monica City Council meeting held on October 25, 2005, by the
following vote:
Ayes: Council members: Mayor O'Connor, Mayor Pro Tem Katz, Genser,
Holbrook, McKeown, Shriver
Noes: Council members: None
Abstain: .Council members: None
Absent: Council members: Bloom
ATTEST:
~ ~
Maria M. Stewart, Ci Clerk
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