O 471 C.S.
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ORDINANCE NO. 471 c.s.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ARROYO GRANDE AMENDING TITLE 9
OF THE MUNICIPAL CODE TO ESTABLISH REGULATIONS
FOR ADULT BUSINESSES
SECTION 1. FINDINGS. The City Council of the City of Arroyo Grande hereby
finds, determines, and declares that:
A. It is the purpose and intent of this Ordinance to provide for the reasonable and
uniform regulation of adult businesses in the City of Arroyo Grande. It is recognized that adult
businesses have a serious deleterious effect upon adjacent areas, as well as the areas in which
they are located. It is, therefore, the purpose of this Ordinance to establish criteria and standards
for the protection and conduct of adult businesses which will protect the public health, safety,
and welfare, preserve locally recognized values of community appearance, minimize the potential -."
for nuisances related to the operation of adult businesses, and maintain local property values.
B. It is recognized that adult businesses, due to their nature, will have adverse effects
on vehicular traffic, noise, pedestrian safety, parking, and neighborhood character; will create
a demand on public safety and emergency services; and will have an adverse effect upon real
estate values in the City of Arroyo Grande.
C. The City Council, in adopting this Ordinance, takes legislative notice of the
existence and content of the following studies concerning the adverse, secondary effects of adult
businesses in other cities: Garden Grove, California (1991); Seattle, Washington, Department
of Construction and Land Use (1989); Austin, Texas, Office of Land Development Services
(1986); Indianapolis, Indiana, Department of Metropolitan Development (1984); Houston, Texas,
City Council Report (1983); Minnesota Crime Prevention Center, Inc. (1980); Whittier,
California, Land Use Study (1978); Los Angeles, California, Department of City Planning
(1977); and Amarillo, Texas, Planning Department (1977). The City Council finds that these
studies are relevant to the problems addressed by the City in enacting this Ordinance to regulate
the adverse effects of adult businesses, and more specifically finds that these studies provide
convincing documented evidence that:
(1) Adult businesses are linked to increases in the crime rates in those areas
in which they are located and in surrounding areas.
(2) Both the proximity of adult businesses to sensitive land uses and the
concentration of adult businesses tend to result in the blighting and deterioration of the areas in
which they are located.
(3)' The proximity and concentration of adult businesses adjacent to residential,
recreational, religious, educational, and other adult business uses can cause other businesses and
residents to move elsewhere.
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(4) There is substantial evidence that an increase in crime tends to accompany,
concentrate around, and be aggravated by unregulated adult businesses, including, but not limited
to, an increase in the crimes of narcotics distribution and use, prostitution, pandering, and
violence against persons and property.
(5) The studies from other cities, as well as concerns regarding the secondary
effects of adult businesses presented by citizens of the City of Arroyo Grande at public hearings
held by the Planning Commission and the City Council on the proposed Adult Business
Ordinance, establish convincing documented evidence that adult businesses which are not
regulated as to permissible locations often have a deleterious effect on nearby businesses and
residential areas, causing, among other adverse secondary effects, an increase in crime and a
decrease in property values.
D. Based upon the foregoing, the City Council of the City of Arroyo Grande finds
and determines that special regulation of adult businesses is necessary to ensure that their adverse
secondary effects will not contribute to an increase in crime rates or to the blighting or
deterioration of the areas in which they are located or surrounding areas. The need for such
special regulations is based upon the recognition that adult 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, religious
institutions, and day care centers, thereby having a deleterious effect upon the adjacent areas.
It is the purpose and intent of these speCial regulations to prevent the concentration of adult
businesses and thereby prevent such adverse secondary effects. Thus, in order to protect and
preserve the public health, safety, and welfare of the citizenry, especially minors, the special
regulation of the time, place, and manner of the location and operation of adult businesses is
necessary.
E. In developing this Ordinance the City Council has been mindful of legal principles
relating to regulation of adult businesses and does not intend to suppress or infringe upon any
expressive activities protected by the First Amendments 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, with the assistance
of the City Attorney's Office, has considered decisions of the United States Supreme Court
regarding local regulation of adult businesses, including but not limited to: Y oun~ v American
Mini Theaters. Inc., 427 U.S. 50 (1976) reh denied 429 U.S. 873; Renton v Playtime Theaters,
475 U.S. 41 (1986) reh denied 475 U.S. 1132; and FW/PBS. Inc. v Dallas, 493 U.S. 215
(1990); and United States Court of Appeals 9th Circuit decisions, including but not limited to:
Topang:a Press. Inc. v City of Los An~eles, 989 F.2d 1524 (1993).
F. Zoning, regulatory permits, and other police power regulations are legitimate and
reasonable means of ensuring that operations of adult businesses are located so as to minimize
their adverse secondary effects and to ensure that such businesses comply with reasonable
regulations related to such zoning requirements to minimize and control problems associated with
such businesses and thereby protect the health, safety, and welfare of Arroyo Grande residents,
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protect citizens from increased crime, preserve the quality of life, preserve property values and
the character of surrounding neighborhoods and businesses, and deter the spread of urban blight.
G. Locational, design, and performance requirements contained in this Ordinance do
not unreasonably restrict the establishment or operation of constitutionally protected adult
businesses in the City of Arroyo Grande, and a sufficient and reasonable number of appropriate
locations for adult businesses are provided by this Ordinance.
H. In considering appropriate locations for adult businesses, the City Council finds
that:
(1) Adult business should not be located in areas where children are expected
to frequently walk or congregate;
(2) Adult business should not be located in areas that are close to public parks
or recreational areas, religious institutions, or schools; and --
(3) The image of the City as a pleasant, attractive place to reside and visit will
be adversely affected by the presence of adult businesses in close proximity to public parks,
recreational areas, religious institutions, and schools.
I. The City Council of the City of Arroyo Grande has also determined that locational
criteria alone do not adequately protect the health, safety, and general welfare of the citizens of
the City of Arroyo Grande, and thus certain requirements with respect to the ownership and
operation of adult businesses are in the public interest. In addition to the findings in studies
conducted in other cities regarding increases in crime rates and blighting of areas in which such
businesses are located, the City Council also takes legislative notice of the facts recited in the
case of KEV. Inc. v Kitsap County, 793 F.2d 1053 (1986), regarding how live adult
entertainment facilities result in secondary effects such as prostitution, drug dealing, and other
law enforcement problems.
J. The City Council of the City of Arroyo Grande also finds and determines that it
has a legitimate health concern about sexualty transmitted diseases, including AIDS, which
demands reasonable regulations of adult businesses in order to protect the health, safety, and
welt-being of its citizens.
K. It is not the intent of the City Council of the City of Arroyo Grande under this
Ordinance, or any provision thereof, to condone or legitimize the distribution of obscene
material, and the City Council recognizes that state law prohibits the distribution of obscene
materials and expects and encourages law enforcement officials to enforce State obscenity statutes
against such illegal activities in the City of Arroyo Grande.
SECTION 2: Section 9-18.030 of Title 9 of the Arroyo Grande Municipal Code is
amended by the following additions to definitions:
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"Adult Bookstore: Any establishment selling or renting books, magazines, periodicals
or other printed matter, photographs, films, motion pictures, slides, tapes, video cassettes,
records or any other forms of visual or audio representation twenty-five percent or more of
which, by number, are characterized by an emphasis upon the depiction or description of specific
sexual activities or specified anatomical areas. "
"Adult Business: Any adult bookstore, adult motion picture theater, adult motion picture
arcade, adult cabaret, adult hotel or motel, adult theater, adult model studio, body painting
studio, and any other business or concern which as a regular and substantial portion of its
business offers to its patrons products, merchandise, services, or entertainment which are
distinguished or characterized by an emphasis on matter depicting, describing, or relating to
specified sexual activities or specified anatomical areas but not including those uses or activities,
the regulation of which is preempted by State law. "
"Adult Cabaret: Any nightclub, bar, restaurant or similar establishment which, as a
preponderance of the entertainment presented, features:
I. Live performances which are distinguished or characterized by an emphasis on
specified sexual activities or specified anatomical areas; and/or
2. Films, motion pictures, video cassettes or slides, or other photographic
reproductions whose dominant or predominant character and theme is the depiction of specified
sexual activities of specified anatomical areas for observation by patrons. "
"Adult Hotel or Motel: A hotel or motel wherein as a regular and substantial portion
of its business, material is presented which is distinguished or characterized by more than an
incidental or occasional portrayal of matter depicting, describing or relating to specified sexual
activities or specified anatomical areas."
"Adult Model Studio: Any establishment open to the public where for any form of
consideration or gratuity, human models who display specified anatomical areas are provided to
be observed, sketched, drawn, painted, sculpted, photographed or otherwise depicted by persons
other than the proprietor paying such consideration or gratuity. This provision shall not apply
to any school of art, firm, association, partnership, corporation or institution which meets the
requirements established in the Education Code of the State of California for the issuance or
conferring of a diploma. "
"Adult Motion Picture Arcade: Any place to which the public is permitted or invited
wherein coin or token-operated, or electronically, electrically or mechanically controlled still or
motion picture machines, projectors or other image-producing devices are maintained to show
images to five or fewer persons per machine, at anyone time, and where the dominate or
predominate character or theme of the images so displayed is depiction of specified sexual
activities or specified anatomical areas."
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"Adult Motion Picture Theater: Any establishment where, for any form of
consideration, films, motion pictures, slides, tapes, video cassettes, records or any other forms
of visual or audio representation twenty-five percent of which, by number, are characterized by
an emphasis upon the depiction or description of specified sexual activities or specified
anatomical areas."
"Adult Theater: Any theater, concert hall, auditorium or similar establishment, either
indoor or outdoor in nature, which for any form of consideration and as a preponderance of the
entertainment presented, features live performances whose dominant or predominant character
and theme is emphasized on specified sexual activities or exposure of specified anatomical areas
for observation by patrons. "
"Body Painting Studio: Any establishment or business which provides the service of
applying paint of any other substance, whether transparent or not, to or on the human body when
such body is wholly or partially nude in terms of specified anatomical areas."
"Public Parks and Public Facilities: All public parks, recreational fields, libraries, . -
community centers and government buildings such as city hall, the post office, county offices,
police and fire stations. "
"Public or Private Educational Facilities: Any institution of learning whether public
or private, which offers instruction in those courses of study required by the California
Education Code or which is maintained pursuant to standards set by the State Board of
Education, including any nursery school, kindergarten, elementary school, junior high school,
senior high school, community or junior college, four-year college or university, or any special
institution of learning under the jurisdiction of the State Department of Education. It shall also
mean any public of private day care or preschool provider with greater than six children."
"Religious Institutions: Any buildings which are used primarily for religious worship
and related religious activities. "
"Resident.ial Use: Any building which is lawfully used for living or dwelling purposes. "
"Residential Zoning Dist.rict: Means property in the RE, RH, RR, RS, SF, VR, MF,
MFA, SR, MHP, and PD districts."
"Specified Anat.omical Areas: Means and includes any of the following:
1. Less than complete and opaquely covered human genitals, pubic region, buttocks,
anus or female breasts below a point above the top of the areola; or
2. Human male genitals in a discernibly turgid state, even if completely or opaquely
covered. "
"Specified Sexual Activities: Means and includes any of the following:
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1. The fondling or touching of human genitals, pubic regions, buttocks, anus or
female breasts; or
2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral
copulation or sodomy; or
3. Masturbation, actual or simulated; or
4. Excretory functions as part of, or in connection with, any of the activities set forth
in subsections 1 through 3 of this section."
"Youth-Oriented Facilities: Any facility used primarily by youths (under eighteen years
of age) for physical or social activities and operated by a profit or nonprofit organization such
as boys and girls clubs, private recreational fields, miniature golf courses, water slides, video
arcades and other recreational facilities."
SECTION 3: Section 9-07.030 of Title 9 of the Arroyo Grande Municipal Code is
hereby amended by the following addition to Table 9-07.030-A:
USE GC VC 0 HC
C. Commercial Uses
1. Adult Businesses C NP NP C
The remaining items in this Table shall be renumbered accordingly.
SECTION 4. Chapter 9-11 of the Arroyo Grande Municipal Code is amended to add
Section 9-11.025 to read as follows:
Section 9-11.025 REGULATION OF ADULT BUSINESSES
A. Purpose and Intent
The purpose and intent of this Section is to regulate adult businesses which, unless closely
regulated, tend to have serious secondary effects on the community, including, but not limited
to, the following: depreciation of property values; increase in vacancies in residential and
commercial areas in the vicinity of adult businesses; interference with residential property
owners' enjoyment of their properties when such properties are located in the vicinity of adult
businesses, as a result of increases in crime, litter, noise, and vandalism; higher crime rates in
the vicinity of adult businesses; and blight conditions such as inadequate maintenance of
commercial premises and parking lots, which thereby have a deleterious effect upon adjacent
areas. Special regulation of these businesses is necessary to prevent these adverse effect~ and
the blighting or degradation of the neighborhoods in the vicinity of adult businesses.
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It is neither the intent nor the effect of these regulations to impose limitations or
restrictions on the content of any communicative material. Similarly, it is neither the intent nor
the effect of these regulations to restrict or deny access by adults to communicative materials or
to deny access by the distributors or exhibitors of adult businesses to their intended lawful
market.
Nothing in thes~ regulations is intended to authorize, legalize, or permit the establish-
ment, 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.
B. Applicability
Adult businesses may be permitted subject to issuance of a Conditional Use Permit
pursuant to Section 9-03.050 B, the requirements of the underlying district, and the requirements
of this Section. -.
C. Location of Adult Businesses
1. All adult businesses as defined in this Section shall be located in the General
Commercial (GC) and Highway Commercial (HC) Districts only.
2. No adult businesses shall be established within:
a. 500 feet of any parcel containing public or private educational facilities;
b. 500 feet of any parcel containing youth oriented facilities;
c. 500 feet of any parcel containing religious. institutions;
d. 500 feet of any parcel containing a park, library or public facilities;
e. 500 feet from any parcel containing another adult business;
f. 200 feet from any parcel containing a residential use;
g. 200 feet from any residential zoning district;
h. 500 feet from any hotel, motel, bed and breakfast inn, or other transient
lodging of a non-adult business nature.
3. The distances provided in this Section shall be measured in a straight line from
the closest property line of the adult business to the closest property line of any of the preceding
uses.
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D. Development Standards
In addition to the minimum development standards for either the GC and HC Districts,
including, but not limited to, parking and design review, the following additional requirements
shall be met by all adult business uses:
1. Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated,
designed and provided in accordance with the Fire Department and building regulations and
standards adopted by the City of Arroyo Grande.
2. No Adult Business shall be operated in any manner that permits the observation
of any material or activities depicting, describing or relating to "Specified Sexual Activities" or
"Specified Anatomical Areas" from any public way or from any location outside the building or
area of such establishment. This provision shall apply to any display, decoration, sign, show
window or other opening. No exterior door or window on the premises shall be propped or kept
open at any time while the business is open, and any exterior windows shall be covered with
opaque covering at all times.
3. No loudspeakers or sound equipment shall be used by an Adult Business for the
amplification of sound to a level discernible by the public beyond the walls of the building in
which such use is conducted or which violates any existing noise restrictions or standards which
may be adopted by the City of Arroyo Grande. The premises within which the Adult Business
is located shall provide sufficient sound-absorbing insulation so that noise generated inside said
premises shall not be audible anywhere on any adjacent property or public right-of-way or within
any other building or other separate unit within the sane building.
4. The building entrance to an Adult Business shall be clearly and legibly posted with
a notice indicating that persons under eighteen (18) years of age are precluded from entering the
premises. Said notice shall be constructed and posted to the satisfaction of the City's
Community Development Department Director. No person under the age of eighteen (18) years
shall be permitted within the premises at any time.
5. The Adult Business shall not be located, in whole or in part, within any portable
. structure.
6. The Adult Business shall not conduct or sponsor any special events, promotions,
festivals, concerts or similar activities which would increase the demand for parking spaces
beyond the number of spaces for the business, as required by the Zoning Ordinance.
7. The Adult Business shall not conduct any massage, acupuncture, tattooing,
acupressure, or escort services and shall not allow such activities on the premises.
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8. Landscaping shall conform to the standards established for the zone, except that,
if the Adult Business is the sole use on a lot, no planting shall exceed thirty (30) inches in
height, except trees with foliage not less than six (6) feet above the ground.
9. All indoor areas of the Adult Business within which patrons are permitted, except
restrooms, shall be open to view by the management at all times.
10. Except as specifically provided in this Section, the Adult Business shan comply
with the zoning, parking, signage, development and design standards applicabl.e to the zoning
district in which the business is located.
11. The Adult Business shall provide and maintain separate restroom facilities for male
patrons and employees, and female patrons and employees. Male patrons and employees shall
be prohibited from using the restroom{s) for females, and female patrons and employees shan
be prohibited from using the restroom{s) for males, except to carry out duties of repair,
maintenance and cleaning of the restroom facilities. The restrooms shall be free from any adult
material. Restrooms shall not contain television monitors or other motion picture or video -
projection, recording or reproduction equipment. The foregoing provisions of this paragraph
shall not apply to an Adult Business which deals exclusively with sale or rental of adult material
which is not used or consumed on the premises, such as an Adult Bookstore, and which does not
provide restroom facilities to its patrons or the general public.
12. Each adult business shall be provided with a manager's station which shall be used
for the purpose of supervising activities within the business. At least one (1) employee shall be
on duty on the premises and situated at each manager's station during all times that the adult
business is open to the public.
13. The interior of the Adult Business shall be configured in such a manner that there
is an unobstructed view from a manager's station of every area of the Adult Business to which
any patron is permitted access for any purpose, excludingrestrooms. If the Adult Business has
two (2) or more manager's stations designated, then the interior of the Adult Business shall be
configured in such a manner that there is an unobstructed view of each area of the Adult
Business to which any patron is permitted access for any purpose, excluding restrooms, from at
least one (1) of the manager's stations. The view required in this paragraph must be by direct
line of sight from the manager's station.
14. It shal1 be the duty of the owner(s) and also the duty of all employees present to
ensure that the individual viewing areas remain unobstructed by any doors, wal1s, persons,
merchandise, display racks or other materials at al1 times and to ensure that no patron is
permitted access to any area which has been designated as an area in which patrons will not be
permitted in the appJication filed pursuant to these regulations.
15. No individual viewing area may be occupied by more than one (1) person at any
one time. "Individual viewing area" shall mean a viewing area designed for occupancy by one
(1) person. Individual viewing areas of the Adult Business shall be operated and maintained
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without any hole or other opening or means of direct communication or visual or physical access
between the interior space of two (2) or more individual viewing areas.
16. No individual viewing ar~ shall contain booths, stalls, or partitioned portions of
such individual viewing area used for the viewing of adult material or other forms of
entertainment, having doors, curtains or portal partitions, unless such individual viewing areas
containing booths, stalls or partitioned portions have at least one (1) side open to the manager's
station and is visible to such manager's station. Any booth, stall or partitioned portion of an
individual viewing area authorized under this paragraph shall be constructed so as to allow
twelve (12) inches of open space between the bottom of the stall or partition and the floor. Such
open space shall remain unobstructed at aU times.
17. The following additional requirements shall pertain to Adult Businesses providing
live entertainment depicting Specified Anatomical Areas or involving Specified Sexual Activities:
a. No person shall perform Jive entertainment for patrons of an Adult
Business except upon a stage at least eighteen (18) inches above the level of the floor which is
separated by a distance of at least six (6) feet from the nearest area occupied by patrons, and no
patron shall be permitted within six (6) feet of the stage while the stage is occupied by an
entertainer. "Entertainer" shall mean any person who is an employee or independent contractor
of the Adult Business, or any person who, with or without any compensation or other form of
consideration, performs live entertainment for patrons of an Adult Business.
b. The Adult Business shall provide separate dressing room facilities for
entertainers which are exclusively dedicated to the entertainers' use.
c. The Adult Business shall provide an entrance/exit for entertainers which
is separate from the entrance/exit used by patrons.
d. The Adult Business shall provide access for entertainers between the stage
and the dressing rooms which is completely separated from the patrons. If such separate access
is not physically feasible, the Adult Business shall provide a minimum three-foot (3') wide walk
aisle for entertainers between the dressing room area and the stage, with a railing, fence or other
barrier separating the patrons and the entertainers capable of (and which actually results in)
preventing any physical contact between patrons and entertainers.
e. No entertainer acting within the scope of their employment, either before,
during or after performances, shall have physical contact with any patron and no patron shall
have physical contact with any entertainer either before, during or after performances by such
entertainer.
f. Fixed rail(s) at least thirty (30) inches in height shall be maintained
establishing the separations between entertainers and patrons required by this subsection.
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g. At least one (1) security guard shall be provided on the premises at all
times while the business is open. If the occupancy limit of the premises is greater than
thirty-five (35) persons, an additional security guard shall be on duty.
18. An on-site security program shall be prepared and implemented including the
following items:
a. All off-street parking areas and building entries serving the Adult Business
shall be illuminated during all hours of operation with a lighting system which provides a
minimum maintained horizontal illumination of one (1) footcandle (10 luxes) (one candlepower)
of light on the parking surface and/or walkway;
b. All interior portions of the Adult Business, except those areas devoted to
motion pictures, shall be illuminated. during all hours of operation with lighting system which
provides a minimum maintained horizontal illumination of not less than two (2) footcandles (20
luxes) (two candlepower) of light evenly distributed on the floor surface;
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c. Security guards for other Adult Businesses may be required if it is
determined by the Chief of Police that their presence is necessary in order to prevent any
unlawful conduct from occurring on the premises.
The foregoing applicable requirements of this subsection shall be deemed conditions of
a conditional use permit for an Adult Business and failure to comply with every such requirement
shall be grounds for revocation of the permit issued pursuant to these regulations.
E. Application Requirements
1. In addition to the submittal and review requirements for a conditional use permit
as specified in the City's Development Code, the following must be' submitted prior to an
application being deemed complete:
a. The name and permanent address of applicant;
b. The name and proposed business address of the applicant. If the applicant
is a corporation, the name shall be exactly as set forth in its articles of incorporation and the
applicant shall show the name and residence address of each of the officers, directors and each
stockholder owning not less than twenty-five percent of the stock of the corporation. If the
applicant is a partnership, the application shall show the name and residence address of each of
the members, including limited partners;
c. A detailed description of the proposed entertainment, including type of
entertainment and number of persons engaged in the entertainment;
d. A diagram of the premises showing a floor plan thereof specifying where
the specific entertainment uses are proposed to be conducted within the building, the location of
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one (1) or more manager's stations, the location of all overhead lighting fixtures and designating
any portion of the premises in which patrons will not be permitted;
e. Hours of operation and the admission fee, if any, to be charged;
f. The name or names of the person or persons who have the management
or supervision responsibilities of the applicant's business and of any entertainment;
g. A statement of the nature and character of the applicant's business if any,
to be carried on in conjunction with such entertainment;
h. A site area map showing the proposed business location and plotting of all
uses listed in Section 9-11.025C.2.
i. A mailing list of all property owners within 1000' of the proposed business
location.
2. Prior to the scheduling of the conditional use permit for a public hearing, the
police department shaH complete a background investigation of all parties identified in B.l.a. and
f. above.
F. Inspections
An applicant or Permittee shall permit representatives of the Police Department, Health
Department, Building and Fire Department, Community Development Department, or other City
Departments or Agencies to inspect the premises of an Adult Business for the purpose of
ensuring compliance with the law and the development standards applicable to Adult Businesses,
at any time it is occupied or opened for business. A person who operates an Adult Business or
his or her agent or employee is in violation of the provisions of this Section if he or she refuses
to permit such lawful inspection of the premises at any time it is occupied or opened for
business.
G. Required Findings for Approval
Prior to the Planning Commission approving or conditionally approving a use permit for
an adult business, the following findings of fact shall be made in lieu of those findings required
pursuant to Section 9-03.050 D.:
1. The proposed use is permitted within the subject district pursuant to the provisions
of this section and complies with all the applicable provisions of this Ordinance, the goals, and
objectives of the Arroyo Grande General Plan, and the development policies and standards of
the City.
2. There are adequate provisions for water, sanitation, and public utilities and
services to ensure public health and safety.
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3. The traffic generated by the proposed use will not impose an \Indue burden upon
the streets and highways in the area;
4. That the conduct of entertainment, as proposed by the applicant, if permitted, will
comply with all applicable Jaws, including, but not limited to, all city, county and state
regulations; and
5. The applicant has not knowingly made any false, misleading or fraudulent
statement of facts in the permit application, or any other document required by the city in
conjunction therewith.
H. Regulations Nonexclusive
The provisions of this Section regulating Adult Businesses are not intended to be
exclusive and compliance therewith shall not excuse noncompliance with any other regulations
pertaining to the operation of businesses as adopted by the City Council of the City of Arroyo
Grande. ---
J. Viola tio ns/ Pena lties
Any firm, corporation, or person, whether as principal, agent, employee, or otherwise,
violating or causing the violation of any of these provisions regulating Adult Businesses shall be
guilty of a misdemeanor, and any conviction thereof shall be punishable by a fine of not more
than One Thousand Dollars ($1,000 00) or by imprisonment in the County jail for not more than
six (6) months, or by both such fine and imprisonment. Any violation of these provisions shall
constitute a separate offense for each and every day during which such violation is committed
or continued.
J. Public Nuisance
In ~ddition to the penalties set forth in Paragraph I above, any Adult Business which is
operating in violation of these provisions regulating Adult Businesses is hereby declared to
constitute a public nuisance and, as such, may be abated or enjoined from further operation.
K. Additional Public Hearing Notices
The public notice required for a public hearing for a conditional use permit proposing an
adult business use shall include mailed notices to all property owners located within one thousand
(1000) feet of the exterior boundaries of the parcel on which the business is proposed to be
located. This shaH be in addition to the notice requirements contained in Section 9-02.160.
L. Severabilit.y
.
If any section, subsection or clause of this Ordinance is held to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be
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affected thereby. The City Council hereby declares that it would have adopted this Ordinance
regardless of the fact that one or more sections, subsections, sentences, clauses or phrases may
be determined to be unconstitutional or invalid.
SECTION 5: All ordinances, codes, sections of ordinances and codes, and resolutions
that are inconsistent with the provisions of this Ordinance are hereby repealed.
SECTION 6: This Ordinance shall become effective thirty (30) days after its adoption.
SECTION 7: With fifteen (15) days after passage of this Ordinance, it shall be published
once, together with the names of the Council Members voting thereon, in a newspaper of general
circulation within the City.
On motion of Council Member Souza , seconded by Council Member
Brandy , and on the following roll call vote, to wit:
A YES: Council Members Souza, Brandy, Fuller, Lady, and Mayor Dougall
NOES: None
ABSENT: None
the foregoing Ordinance was passed and adopted this 28th day of , 1995.
A TrEST:
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
BY: Koh,[. H.1I.J..;-'---"
ROBERT L. HUNT
CITY MANAGER
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,
348 .
I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County
of San Luis Obispo, State of California, do hereby certify under
penalty of perjury that the foregoing Ordinance No. 471 C.S. is a
true, full and correct copy of said Ordinance passed and adopted at
a regular meeting of the city Council of the city of Arroyo Grande
on the 28th day of November, 1995.
WITNESS my hand and the Seal of the city of Arroyo Grande
affixed this 30th day of November , 1995.
DAVIS, CITY CLERK
ARROYO GRANDE
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