It is the purpose of this chapter to establish a balance between the rights of individuals to conduct adult businesses, as that term is defined in this chapter, and the right of residents in the city to be protected from negative secondary effects commonly associated with adult businesses and from the increased secondary effects associated with the concentration of adult businesses through reasonable and uniform regulations. It is the intent of this chapter that these regulations be utilized to prevent problems of blight, deterioration, crime, and the spread of sexually transmitted diseases, which have been demonstrated by detailed studies of numerous cities across the nation to accompany the establishment and maintenance of adult businesses.

(Ord. 2748 § 1, 1999)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

The following words, terms and phrases, whenever used in this chapter, shall be construed as defined in the following subsections, unless from the context a different meaning is specifically intended and more particularly to the use of such words, terms or phrases. It is the purpose of this section to provide clear and concise definitions of those words, terms and phases most commonly utilized in the regulations and provisions of this chapter in order to assist in the uniform interpretation of said regulations and provisions and to insure uniformity in their application. Those definitions set forth in Chapter 18.06 of this code shall be used for purposes of uniformity of interpretation and application of the regulations and provisions of this chapter but only where they do not conflict with any definition or interpretation set forth in this chapter.

"Adult bookstore" means a business establishment that devotes more than fifteen percent of the total floor area utilized for the display and sale or rental of material which is distinguished or characterized by its emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, so long as access to such material at such establishment, including movies or video tapes, is restricted to persons over eighteen years of age and is located in a specific section of the establishment where persons under the age of eighteen are prohibited.

"Adult business," "adult business establishment" or "adult entertainment establishment" means any business establishment or concern which as a regular and substantial course of conduct performs as an adult bookstore, adult motion picture theater, adult motion picture arcade, adult drive-in theater, adult cabaret, adult motel or hotel, adult theater, adult model studio, sexual encounter establishment, body painting studio, headshop/drug paraphernalia shop, or sells or distributes adult merchandise or sexually oriented merchandise, or any other business or concern which offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical parts, but not including those uses or activities which are preempted by state law.

"Adult cabaret" means a night club, bar, restaurant or other business, establishment, whether or not serving alcoholic beverages, which features live performances, including by topless or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, which performances are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

"Adult cabaret dancer" shall mean any person who is an employee or independent contractor of an "adult cabaret" or "adult business" and who, with or without any compensation or other form of consideration, performs as a sexually oriented dancer, exotic dancer, stripper, go-go dancer or similar dancer whose performance on a regular and substantial basis focuses on or emphasizes the adult cabaret dancer's breasts, genitals, and/or buttocks, but does not involve exposure of "specified anatomical areas" or depicting or engaging in "specified sexual activities." Adult cabaret dancer does not include a patron.

"Adult drive-in theater" means an open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats, and presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.

"Adult hotel or motel" means a motel, hotel, or similar establishment offering public accommodations for any form of consideration which provides on a regular and substantial basis material to patrons by way of closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

"Adult live entertainment" means any physical human body activity, whether performed or engaged in, alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which the performer or performers expose to public view, without opaque covering, "specified anatomical areas," or depicting, describing, or substantially relating to "specified sexual activities" whether or not the specified anatomical areas are covered.

"Adult model studio" means any business establishment where, for any form of consideration or gratuity, live human figure models display specified anatomical areas for the purpose of being observed, sketched, drawn, painted, sculptured, photographed, or otherwise similarly depicted or reproduced by persons observing the model. This provision shall not apply to any school of art which is operated by an individual, 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 and is in fact authorized thereunder to issue and confer a diploma or is otherwise in compliance with the Private Postsecondary and Vocational Education Reform Act.

"Adult motion picture theater" means a theater, with a capacity of five or more persons, where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.

"Adult motion picture arcade (peep shows)" means any business establishment, wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing or amusement devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

"Adult theater" means a theater or other commercial establishment with or without a stage or proscenium which is used for presenting material which is, distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas

"Body painting studio" means a business establishment which provides the service of applying paint or other substance whether transparent or nontransparent to or on the human body when such body is wholly or partially nude in terms of specified anatomical areas.

"Establishing an adult entertainment business," as used in this chapter, means and includes any of the following:

1.

The opening or commencement of any such business as a new business;

2.

The conversion of an existing business, whether or not an adult entertainment business, to any of the adult entertainment businesses defined in this chapter;

3.

The addition of any of the adult entertainment businesses defined herein to any other existing adult entertainment business; or

4.

The relocation of any such business.

"Headshop" or "drug paraphernalia shop" means an establishment or place where more than fifteen percent of the floor area in any room is used for the sale and display of such paraphernalia and literature, including but not limited to cocaine and sniffing kits, glass mirrors for cutting cocaine, snorting spoons and tubes, strainers to sift cocaine, water pipes (bongs), everyday items with special removable tops that have been converted to conceal narcotics and drugs, including but not limited to beer cans, oil cans and plastic photograph film vials, roach clips (for holding marijuana cigarettes), books and magazines extolling the illegal use of narcotics or controlled substances. This definition does not apply to licensed pharmacies in selling and displaying paraphernalia that is medicinal equipment prescribed by licensed medical practitioners. This definition does not apply to medical marijuana dispensaries that have a conditional use permit pursuant to Chapter 18.45.

"Material" means and includes, but is not limited to, accessories, books, magazines, photographs, prints, drawings, paintings, motion pictures, and pamphlets, or any combination thereof.

"Performer" means any person who is an employee or independent contractor of an adult business, and who, with or without any compensation or other form of consideration, carries out, executes, accomplishes, or acts out adult live entertainment for patrons of an adult business. Performer does not include a patron.

"School" means an institution of learning for minors, 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. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special institution of learning under the jurisdiction of the State Department of Education, but it does not include a vocation or professional institution or an institution of higher education, including a community college.

"Sexual encounter establishment" means an establishment, other than a hotel, motel or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may congregate, associate or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state of California engages in sexual therapy.

"Sexually oriented merchandise" means and includes books, magazines, periodicals, or other printed matter, or photographs, films, motions pictures, video cassettes, video discs, slides, tapes, records or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. This term also includes instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities. Such merchandise shall also include adult video games, or coin-operated electronic game machines having visual displays and animation that depict in any manner, any activity characterized by exposure of specified anatomical areas or specified sexual activities, including sexually oriented implements or paraphernalia, such as, but not limited to: dildos, auto sucks, sexually-oriented vibrators, Ben Wa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually-oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity. Such merchandise shall also include adult video games, or coin-operated electronic game machines having visual displays and animation that depict in any manner, any activity characterized by exposure of specified anatomical areas or specified sexual activities.

"Sensitive receptors" means family day care homes, housing, senior citizens; and residential care facilities, as defined in Chapter 18.06 or any successor provisions to the noted provisions.

"Specified anatomical areas" means and includes any of the following:

1.

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; and/or

2.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

"Specified sexual activities" means and includes any of the following:

1.

The fondling or any other touching of human genitals, pubic region, buttocks, anus or female breasts, actual or simulated; and/or

2.

Sexual intercourse, actual or simulated; and/or

3.

Human genitals in a state of sexual stimulation or arousal, actual or simulated; and/or

4.

Acts of human masturbation, sexual stimulation or arousal, actual or simulated; and/or

5.

Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation, actual or simulated; and/or

6.

Masochism, erotic or sexually-oriented torture, beating, or the infliction of pain, actual or simulated; and/or

7.

Human excretion, urination, menstruation, vaginal or anal irrigation, actual or simulated.

"Transfer of ownership or control," as used in this chapter, means and includes any of the following:

1.

The sale, lease or sublease of an adult entertainment business;

2.

The transfer of securities which constitute a controlling interest in such business, whether by sale, exchange or similar means; or

3.

The establishment of a trust, gift or other similar legal device which transfers the ownership or control of such business, except for transfer by bequest or other operation of law upon the death of the person possessing such ownership or control.

(Ord. 2748 §§ 2—10, 1999; Ord. 2630 § 2 (part), 1994)

(Ord. No. 2919, § 1, 2-10-09; Ord. No. 3112, § 3, 2-25-20; Ord. No. 3159, § 3(Exh. A), 11-12-24)

A.

No person or entity shall own, establish, operate, control or enlarge, or cause or permit the establishment, operation, enlargement or transfer of ownership or control of any adult business if such adult business is within two hundred fifty feet of another adult business or within five hundred feet of any school; library; day care facility, as defined in Sections 18.06.072 and 18.06.119; or public or private park within the city; or within two hundred fifty feet of any sensitive receptors, as defined in this chapter; or within two hundred fifty feet of any residentially or mixed-use zoned property in the city, except such properties which are used exclusively for commercial or institutional uses, such as hospitals, correctional facilities or public utility facilities, and which abut C-2, C-3, or M zoned property.

B.

An adult business establishment listed in this section shall not be established, operated, enlarged or transferred unless the provisions of the zone in which the site or proposed site is located permits such a use. The conduct of such establishment and the use of premises shall otherwise comply with the zoning regulations of the city and all other applicable regulations.

C.

All persons wishing to establish an adult entertainment establishment within the city must apply for, on a standard application form supplied by the city's community development department and be granted an adult conditional use permit for said use, pursuant to the provisions of this chapter.

(Ord. 2748 § 11, 1999)

(Ord. No. 2919, § 2, 2-10-09; Ord. No. 3159, § 3(Exh. A), 11-12-24)

A.

No adult booth/individual viewing area shall be occupied by more than one individual at a time. This restriction shall not apply to an adult booth/individual viewing area where the performer or adult cabaret dancer is completely separated from the area in which the performer or adult cabaret dancer is viewed by an individual by a permanent, floor to ceiling, solid barrier. However, in the scenario where a permanent, floor to ceiling, solid barrier is in place, no performers or adult cabaret dancers shall be allowed to perform inside the portion of the adult booth/individual viewing area where the patron is located, nor can the viewing area be occupied by more than one patron.

B.

The interior of the adult use business shall be configured such that there is an unobstructed view, by use of the naked eye, and unaided by video, closed circuit cameras or any other means, of every public area of the premises, including but not limited to the interior of all individual viewing areas, from a manager's station located in a public portion of the establishment. No public area, including but not limited to the interior of any individual viewing area, shall be obscured by any door, curtain, wall, two-way mirror, or other device which would prohibit a person from seeing into the interior of the individual viewing area, solely with the use of the naked eye and unaided by video, closed circuit cameras or any other means, from the manager's station. A manager shall be stationed in the manager's station at all times the business is in operation or open to the public in order to enforce all rules and regulations. No individual viewing area shall be designed or operated to permit occupancy of more than one person at any one time.

C.

No doors are permitted on an adult booth/individual viewing area.

D.

No holes or other opening shall be permitted between adult booths/individual viewing areas. Any such hole or opening shall be repaired within twenty-four hours using "pop" rivets to secure metal plates over the hole or opening to prevent patrons from removing the metal plates.

E.

No beds, couches, or other furniture designed for lying down or reclining shall be permitted in an adult booth/individual viewing area.

(Ord. 2748 § 13, 1999)

(Ord. No. 2919, § 3, 2-10-09)

All required minimum distances set forth in Section 18.44.030 shall be measured from the nearest property line of one designated location to the nearest property line of the other designated location along a straight line extended between the two points without regard to intervening structures.

(Ord. 2748 § 14, 1999)

A.

Zone. All uses subject to the provisions of this chapter shall comply with all of the regulations contained in this chapter, and no adult business shall be permitted unless the lot upon which such business is proposed to be located is classified in the C-2, C-3, or M zone.

B.

Compliance with Other Code Sections. All adult businesses hereafter commenced shall, comply with the following, except as otherwise specifically provided for in this chapter:

1.

The provisions of Chapter 18.24 (Commercial Zones Generally) and either 18.30 (C-2 Commercial Zone) or 18.32 (C-3 Commercial-Manufacturing Zone), if the adult business is located or its proposed location is in such commercial zone; or the provisions of Chapter 18.34 (M Manufacturing Zone), if the adult business is located or its proposed location is in such manufacturing zone; and

2.

The provisions of Chapter 18.48 (Off-street Parking); and

3.

The provisions of Division II of Title 18 of the zoning regulations (Signs).

C.

Development Review Required. If an application for an adult conditional use permit includes external structural changes to the building requiring a building permit, including the construction of a new building, an addition to an existing building, or a facade remodel of an existing building, the construction, addition, or remodeling shall be reviewed and approved by the design review board, established by Chapter 2.12 of this code, to ensure that the proposed design is consistent with the general architectural character of the neighborhood and shall follow the procedural provisions in Section 18.44.210 of this code. An application for an adult conditional use permit shall be exempt from the provisions of Chapter 18.56 of this code.

D.

Development Review Not Required. If an application for an adult conditional use permit does not include external structural changes to the building requiring a building permit, including the construction of a new building, an addition to an existing building, or a facade remodel of an existing building, then the adult conditional use permit shall not be subject to review and approval by the design review board.

E.

Signs. Except for theater marquee signs, changeable copy signs and temporary signs, as defined in Chapter 18.72, are not permitted for adult businesses. In addition to the requirements of Title 18, Division II, of the Whittier Municipal Code, all sign permits shall be subject to review and approval by the planning commission as part of the adult conditional use permit process, such approval to be made according to the provisions regarding the location and nature of signs as provided in Chapters 18.72 and 18.76 of this code.

F.

Exterior Painting. Buildings and structures shall not be painted or surfaced with any design that would simulate a sign or advertising message and cannot be established or maintained such that the exterior appearance of the structure is substantially inconsistent with the external appearance of structures on abutting properties.

G.

Displays. Advertisements, displays of merchandise, signs or any other exhibit depicting adult entertainment activities placed within the interior of buildings or premises shall be arranged or screened to prevent public viewing from outside such building or premises.

H.

Loudspeakers. Outdoor loudspeakers or other outdoor sound equipment advertising or directing attention to an adult business, including but not limited to prerecorded or live music or sounds, are prohibited.

I.

Graffiti. Upon order of the city manager, graffiti appearing on any exterior surface of a building or premises, of an adult business, which graffiti is within public view, shall be removed and that surface shall be restored within forty-eight hours of notification to the owner or person in charge of the premises or as may be specified in other ordinances of the city regulating graffiti removal.

J.

Restrooms. If the adult use business provides restrooms for patron use, it shall provide separate restroom facilities for male and female patrons. The restrooms shall be free from sexually oriented materials and sexually oriented merchandise. Only one person shall be allowed in each restroom at any time, unless otherwise required by law, in which case the sexually oriented business shall employ a restroom attendant of the same sex as the restroom users who shall be present in the public portion of the restroom during operating hours. The attendant shall insure that no person of the opposite sex is permitted into the restroom, and that not more than one person is permitted to enter a restroom stall, unless otherwise required by law, and, with the exception of urination, that no persons engage in any specified sexual activity in the public portion of the restroom.

K.

Security. The following provisions shall apply to adult businesses:

1.

The adult business shall provide a video surveillance system that visually records and monitors all parking lot areas, rear alley areas immediately adjacent to the business, the main building entrance(s) and exit(s), and any and all cash registers or cash offices on the premises of the adult business. The business owner or his/her designated representative shall instruct the company or individual(s) installing the surveillance equipment at the adult business to position cameras to maximize the quality of facial and body images and to avoid backlighting and physical obstructions. The company or individual(s) installing the surveillance equipment for any adult business shall be responsible for reasonable compliance with those instructions in installing such equipment at the adult business.

2.

The owner of the adult business shall be responsible for insuring that the adult business' video surveillance system complies with the following minimum standards.

a.

Video Cameras. Cameras shall have a minimum resolution of five hundred lines per inch and a minimum light factor requirement of 0.7 LUX. Light sensitive lenses or the installation of additional lighting may be required to increase picture clarity and brightness. Cameras shall be calibrated and focused to maximize the quality of the recorded image.

b.

Video Recorder. The recording device shall be defined as a "high density recorder" by manufacturer specifications. The device shall be a time-lapse recorder that displays a current date and time stamp on the video recording. Systems required to have more than one camera per Section 18.44.070(K)(1) shall include a "quad" or "multiplexer" video display splitter. Quad or multiplexed video systems shall be digital must have the ability to isolate individual camera angles for maximized play back. The recording equipment and all video recordings to be kept in compliance with subsection (K)(4) of this section shall be secured in a locked area in which access is limited to the adult business owner, the permit holder, or his/her designated representative(s).

c.

Display Monitor. A display monitor with a minimum screen size of twelve inches shall be connected to the video surveillance system at all times. If a "quad" video display splitter is utilized, the display monitor shall have a minimum screen size of fifteen inches.

3.

Video surveillance systems shall be maintained in good working order at all times. The owner of the adult business shall instruct each employee to immediately report any malfunctioning of or technical problems whatsoever with surveillance equipment. Every three months, the business owner or his/her designated representative shall inspect all cameras and video recorders to ensure proper operation and shall perform the following functions: the camera lenses shall be cleaned and calibrated into focus; any recording heads or other optical equipment shall be cleaned or optimized in another applicable manner, and the date and time stamp shall be calibrated to reflect true information; all wires connected to the camera and video recording device shall be inspected for wear and tear; and, a test recording shall be done to verify the image quality and date and time stamp. The business owner or his/her designated representative shall keep a video surveillance maintenance log documenting all inspections and repairs to the system. Any technical problems or inoperable equipment shall be repaired as soon as possible, not to exceed fifteen days from discovery of the problem. The video surveillance system and maintenance log are subject to periodic inspection by the police department, in order to ensure compliance with this section.

4.

The video surveillance system and recording device shall be in continuous operation from one full hour before to one full hour after the adult business is open to the public, or any portion thereof. Video recordings of daily business operations shall be kept a minimum of thirty days prior to reuse, destruction or deletion of such video recordings, and shall be provided to the police department upon request. If recordings provided to the police department pursuant to this section are digital, a copy of "player" software shall be provided with the recording, in order to allow viewing of the digital recording(s). Such video recordings shall be clearly marked with the date the video recording was most recently recorded, and, in the event there are multiple recordings of the same date, each video recording shall be clearly marked in the sequential numerical order that it was so recorded.

5.

Adult businesses providing adult live entertainment shall also provide security officers continuously from one full hour before to one full hour after any adult live entertainment is conducted at the adult business, to maintain the peace and to enforce all statutes, ordinances and conditions of the permit. The number of security officers required shall be determined by the following formula: one security officer per seven hundred fifty square feet of floor area of the adult business that may be occupied by patrons.

6.

Any security officer required and/or provided by any adult business shall comply with the provisions of California Business and Professions Code Division 3, Chapter 11.5, Article 3 (Business and Professions Code 7582 et seq.).

7.

The city may increase or decrease the security requirements for an adult business should the particular circumstances at such adult business demonstrate the need for such change.

8.

The city recognizes that video technology is rapidly changing and that the requirements of this section with respect to video recordings may not keep up with available technology. The chief of police, therefore, is authorized to permit minor deviations from the technical requirements of this section in order to allow the use of additional sources of video and recording technology, so long as such minor deviations are in keeping with the overall purpose of this section to provide for video recordings with images of individuals and activities at adult business establishments that are discernible and recognizable in order to further law enforcement efforts and in order to deter unlawful, unsafe and unhealthy activities or conduct at adult business establishments.

L.

Landscaping. The landscaping on the exterior of the adult business shall conform to the standards established for the zone in which the adult business is granted a conditional adult use permit.

M.

Sound. 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 abutting property, abutting public right-of-way, or from within any abutting building or other separate unit within the same building as the adult business between the hours of 10 p.m. and 7 a.m. each day.

N.

Lighting.

1.

Interior. The premises within which the adult business is operated shall be equipped with and, at all times during which the adult business is open to the public, shall remain illuminated with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access with an illumination of not less than two foot-candles as measured at the floor level.

2.

Exterior. The exterior of the premises upon which the adult business is operated shall be equipped with and, at all times between sunset and sunrise, shall remain illuminated with fixtures of sufficient intensity and number to uniformly illuminate every portion of the property with an illumination level of not less than one and one-quarter (1.25) foot-candle as measured at the ground level and evenly distributed, including, but not limited to the entire perimeter of the building in which the adult business operates, including, landscaped areas, parking lots, driveways, walkways, entry areas, and refuse storage areas.

O.

Hours of Operation. Adult businesses shall not operate between the hours of 2:00 a.m. and 10:00 a.m.

P.

Change of Ownership. If an adult business operating with a permit pursuant to this chapter changes ownership, the owner or operator of that business shall notify the police department of the new owner's name and address within ten days of the effective date of such change of ownership.

Q.

Other Conditions. The planning commission or city council has the limited discretion to add appropriate and narrowly tailored conditions to the granting or modification of a permit pursuant to this chapter, should the particular facts and/or circumstances of a proposed use so justify. Other conditions may be added only because of some unique circumstances, such as the particular location or configuration of a specific adult business, so long as any additional conditions comply with the following requirements:

1.

The condition is a content-neutral, time, place manner restriction, as those terms are recognized and interpreted in controlling court opinions and judicial precedent; or is specifically and narrowly aimed at lessening, mitigating or eradicating an identified, negative secondary effect of adult businesses; and

2.

The condition is not based upon any anticipated or expected responses from viewers or those opposing the adult business; and

3.

The evidence and justification for any additional conditions are set forth in writing and subject to appeal in the same manner as all conditions imposed on the granting, conditional granting, denial, or modification of an adult conditional use permit.

(Ord. 2773 § 1, 2001; Ord. 2748 § 15, 1999)

(Ord. No. 2919, §§ 4—10, 2-10-09; Ord. No. 2932, §§ 4, 5, 8-11-09; Ord. No. 3054, §§ 3, 4, 8-9-16; Ord. No. 3121, § 7, 8-25-20)

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 an adult business which offers adult live entertainment unless each and all of the following requirements are met:

A.

No performer shall perform with any patron or within ten feet of any patron on the premises of the adult business.

B.

No owner, operator, responsible managing employee, manager or permittee shall permit or allow, on the premises of any adult business, any patron to approach within ten feet of a performer, while performing, or permit or allow a performer, while performing, to approach within ten feet of a patron.

C.

No owner or person with managerial control over an adult business shall permit, and no employee or independent contractor, other than performers while performing on a permanently fixed stage, of an adult business which is not a theater, concert hall or similar establishment primarily devoted to theatrical performances, while on the premises of an adult business, shall wear any less than a fully opaque covering which covers their specified anatomical areas, while on or about the licensed premises, not including dressing rooms for performers only or restrooms, but excluding the public portion of any restrooms. This provision may not be complied with by applying an opaque covering simulating the appearance of the specific anatomical part required to be covered.

D.

No owner or person with managerial control over an adult business shall permit, and no employee or independent contractor, other than performers while performing on a permanently fixed stage, of an adult business which is a theater, concert hall or similar establishment primarily devoted to theatrical performances, while on the premises of the adult business, shall wear any less than a fully opaque covering which covers their specified anatomical areas, while on or about the licensed premises, not including dressing rooms for performers only or restrooms, but excluding the public portion of any restroom. This provision may not be complied with by applying an opaque covering simulating the appearance of the specific anatomical part required to be covered. This provision shall not apply to an adult or sexually oriented business that has, on or before July 1, 1998, been adjudicated by a court of competent jurisdiction to be, or by action of the city of Whittier allowing the business to operate as a theater, concert hall, or similar establishment, primarily devoted to theatrical performances.

E.

No person shall perform adult live entertainment at an adult business except upon a permanently fixed stage which is at least eighteen inches above the level of the floor, and surrounded with a three foot high barrier or by a fixed rail at least thirty inches in height. A distance of at least ten feet, measured horizontally, shall be maintained between patrons and on stage performers while performing. This provision shall not apply to an individual viewing area where the performer is completely separated by a permanent, floor to ceiling, solid barrier, from the area in which an individual patron views the performer.

F.

No performer or adult cabaret dancer shall have physical contact with any patron, and no patron shall have physical contact with any performer, or adult cabaret dancer, while the performer or adult cabaret dancer is performing on the premises. In addition, while on the premises, no performer or adult cabaret dancer shall have physical contact with a patron or another performer or adult cabaret dancer and no patron shall have physical contact with a performer or adult cabaret dancer, which physical contact involves the touching of the clothed or unclothed genitals, pubic area, buttocks, cleft of the buttocks, perineum, anal region, or female breast with any part or area of any other person's body either before or after any adult live entertainment by such performer or adult cabaret dancer. These prohibitions do not extend to incidental touching. Patrons shall be advised of the separation and no-touching requirements by signs placed on the barrier between patrons and performers or adult cabaret dancers; by other signs, the location and size of which reasonably inform patrons of the no-touching requirements; and, if necessary, by employees of the establishment. Owners and operators shall take all reasonable steps to insure that patrons at the adult business comply with the separation and no-touching requirements.

G.

As to any adult cabaret dancer performing off stage, a distance of at least two feet shall be maintained between the dancer and patron(s) at all times while the dancer is performing.

H.

If patrons wish to tip performers or adult cabaret dancers, tips shall be placed in receptacles. Patrons shall not throw tips to performers or adult cabaret dancers, hand tips directly to the performers or dancers, or place tips in the performers' or dancers' costumes.

I.

The adult use business shall provide an entrance/exit to the premises for performers or adult cabaret dancers which is separate from the entrance/exit used by patrons.

J.

Neither performers, employees, nor independent contractors of an adult business shall solicit drinks from patrons and the owner of the adult business shall not allow the solicitation of drinks by any performer, employee, or independent contractor of the adult business.

K.

The operator shall not permit any doors (excepting only restroom doors or restroom stall doors in compliance with Section 18.44.070(J)) on the premises to be locked during business hours and, in addition, the operator shall be responsible to see that any room or area on the premises shall be readily accessible at all times and shall be open to view in its entirety.

(Ord. 2748 § 16, 1999)

(Ord. No. 2919, § 11, 2-10-09)

After the effective date of adoption of the ordinance codified in this chapter, no public school, public park or residential zoned area shall be allowed to be established within the minimum distances of separation set forth in Section 18.44.030, from an adult entertainment establishment for which a conditional use permit has been granted.

(Ord. 2630 § 2 (part), 1994)

The provisions of this chapter do not waive or modify any other provision of this code with which adult entertainment establishments are required to comply. In particular, a person shall not own, operate, manage, conduct or maintain an adult business without first having obtained, and maintaining current thereafter, a business license from the city clerk, pursuant to Chapter 5.04 of this code. The issuance or denial of a business license, or renewal of such license, to an adult business shall be made within fifteen days of the applicant's submitted application in compliance with Section 5.04.020, or renewal request, and accompanied by the fee required in Section 5.04.070. Nothing in this section is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any applicable provision of law or regulation, including any city of Whittier ordinance or statute of the state of California regarding public nuisances, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof. Adult businesses must comply with any and all applicable regulations imposed in other articles of the zoning code, other city ordinances, and state and federal law.

(Ord. 2630 § 2 (part), 1994)

(Ord. No. 2919, § 12, 2-10-09)

All adult businesses, including any employee, owner, operator, responsible managing employee, or manager of an adult business, shall prohibit the admission of minors, i.e. any person below the age of eighteen years, upon the premises or within the confines of that adult business, if no liquor is served therein, or shall prohibit the admission of persons under the legal drinking age of twenty-one if liquor is served at the adult business.

(Ord. 2748 § 17, 1999)

The conduct of any business within the city in violation of any of the terms of this chapter is hereby found and declared to be a public nuisance per se, and the city attorney or the district attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for the civil abatement, removal and enjoinment thereof, in the manner provided by law; and shall take other steps and shall apply to such courts as may have jurisdiction to grant such relief as well as abate or remove such adult business and restrain and enjoin any person from conducting, operating or maintaining an adult business contrary to the provisions of this chapter. The conduct of any business within the city in violation of any of the terms of this chapter will also serve as grounds for the revocation of an adult conditional use permit pursuant to Section 18.44.240(A)(11).

(Ord. 2748 § 18, 1999)

(Ord. No. 2919, § 13, 2-10-09)

A.

An application must be signed by the owner or lessee who is applying for a conditional adult use permit and who will be conducting, or whose agents, employees, or independent contractors will be conducting, the adult entertainment on the premises for which the permit is sought. If the application is signed by anyone other than the owner, a notarized statement signed by the owner acknowledging on the application consenting to the application for an adult conditional use permit shall accompany the application. Proof of status is required.

B.

The application shall include the applicant's mailing address, and name and phone number of the person who is responsible for providing access to the proposed use for inspection purposes.

C.

The application shall list the legal form of the applicant, e.g., individual, partnership, corporation.

1.

If the applicant is an individual, the application shall list his/her legal name, any aliases and date of birth;

2.

If the applicant is a partnership, the application shall list the full and complete name of the partnership, the legal names and addresses of all partners, dates of birth, and all aliases used by all of the general partners, and whether the partnership is general or limited; and

3.

If the applicant is a corporation, the application shall list the full and complete corporate name, the date and status of its incorporation, evidence that the corporation is in good standing, the legal names and dates of birth, and all aliases used, the capacity of all officers, directors and principal stockholders (i.e., all stockholders with ten percent or more of all outstanding shares), and the name and address of the registered officer for service of process.

D.

The application must list whether, preceding the date of the application, the application or any of the individuals listed pursuant to subsection "C" of this section, has or had:

1.

Other licenses and/or permits issued to and/or revoked from the applicant, in the three years prior to the year of the permit application, such other license and/or permit relating to similar business activities as in the permit application. If the application lists such other licenses and/or permits, the list shall include the type, current status, and issuing agency for each license/permit;

2.

Been a partner in a partnership or an officer, director or principal stockholder of a corporation which has had any other licenses and/or permits, relating to similar business activities as in the permit application, issued to and/or revoked in the three years prior to the year of the permit application. The type, current status, and issuing agency for each previously revoked licenses and/or permits shall be listed on the application, as well as the date(s) of any revocation;

3.

Been found guilty of or pleaded nolo contendere within the past four years to a misdemeanor or a felony classified by the state as a sex or sex-related offense.

E.

The application must include the address of the proposed site, including the assessor's parcel number and the complete legal description of the property.

F.

The application must include a detailed description of the proposed use, including reference to definitions in this chapter and facts sufficient to justify the granting of a permit in accordance with the provisions and requirements of this chapter.

G.

The applicant shall furnish to the planning department an accurate list of the names and addresses of all property owners to whom notice must be given as provided below in subsections 1 and 2 of this section. The applicant shall furnish a list of the physical addresses of such properties, if such address is different from property owners' addresses. If the physical addresses of such properties include subunits, e.g., apartments, suites, or units, then the applicant shall provide, for each address to which this is applicable, the total number of subunits at the address and the range of consecutive unit designations, e.g., 1500 South Street, five apartments, A through E.

1.

The city shall give notice of the time and place of public hearings before the commission and council, on an adult conditional use permit application, by United States mail, postage prepaid, addressed to the owners of property located within a radius of three hundred feet from the external boundaries of the property to which the application relates, addressed to the owners as shown on the latest equalized assessment roll of the county, or from other records which contain more recent and accurate addresses.

2.

Such notices shall describe the subject property and contain a brief description of the proposed use, and the date, time and place of the hearing.

H.

The application must include twenty blueline prints of a fully dimensioned plot plan, drawn to a scale of not less than one inch equal to twenty feet, indicating all existing or proposed structures, parking areas, landscaping, walls and fences, lighting, driveways and curb-cuts, sidewalks and walkways, street trees, signs, property lines, easements, topographical features, and any other pertinent items necessary to make a determination.

I.

The application must include twenty blueline prints showing all four elevations of any proposed structures or elevations of any buildings proposed to be modified. Elevation drawings shall be prepared at a scale of not less than one-eighth inch equal to one foot, and shall include all exterior materials and architectural details intended for final construction. Details of all signage shall also be included. One set of elevation prints shall be colored to represent the proposed colors and materials or a color and materials board shall be submitted. In the case of existing buildings where change of use is proposed and no exterior building modifications are proposed, photographs may be accepted in lieu of elevation drawings if they show all elevations of the structure.

J.

The application must include twenty blueline prints of a fully dimensioned floor plan, drawn to a scale of not less than one-quarter inch equal to one foot, showing all room type and dimensions, window and door locations, stages or platforms where adult live entertainment will be performed, proposed barriers, bar areas, cash registers, and any other pertinent items necessary to make a determination.

K.

Applications requiring development review, as specified in Section 18.44.070C of this code, shall submit conceptual elevations of all adjacent buildings with sufficient detail to determine design compatibility.

L.

All applicants for an adult conditional use permit must also fill out the city's environmental package for purposes of complying with the California Environmental Quality Act (CEQA), and the permit will be conditioned as necessary for compliance with mitigation measures.

M.

Each application for an adult conditional use permit or modification to an existing adult conditional use permit shall be accompanied by a filing and processing fee in an amount as set by resolution of the city council. The fee shall not exceed the reasonable estimated costs to the city in processing the permit application. Any applicant may withdraw his/her application by filing a written request to do so at any time prior to final action thereon, provided that there shall be no refund of fees.

(Ord. 2773 §§ 2—4, 2001; Ord. 2748 § 20: Ord. 2744 § 2, 1999)

(Ord. No. 2919, §§ 14—18, 2-10-09)

A.

The planning commission ("commission") shall grant, conditionally grant, or deny an application for a permit under this chapter. An application shall be granted, or conditionally granted as necessary and appropriate under the circumstances, in accordance with the provisions of this section, if the locational requirements in Section 18.44.030 are met, the operating requirements in Sections 18.44.050, 18.44.070, 18.44.075, and 18.44.090 are met, and if the application complies with the requirements of Section 18.44.200. In addition to any failure to comply with those specified sections, a denial of a permit, in accordance with the procedural provisions of this section, may be based on, but is not limited to, the following additional considerations:

1.

Any prior permit/license revocation(s) listed in the application, pursuant to Section 18.44.200(D)(1) and (2), depending on the nature of the permit(s) revoked, the nature of the violation(s) leading to the revocation(s), the total number or permit(s) revoked, and the date of the revocation(s); or

2.

Any convictions or pleas of nolo contendere listed in the application, pursuant to Section 18.44.200(D)(3), including consideration of the nature of the conviction(s) or plea(s), the total number and the date of such conviction(s) or plea(s). The commission shall give great weight to conviction(s) or plea(s) for sex crimes or crimes involving moral turpitude; or

3.

Any misrepresentation of material fact in the application or any question in the application is not answered truthfully, including failure to list any permit/license revocation(s), conviction(s) or plea(s) of nolo contendere required to be listed in the application pursuant to Section 18.44.200 D; or

4.

That the permit applicant has failed to obtain or maintain all required city, county and state licenses and permits applicable to and required for the proposed use; or

5.

That the proposed use, as proposed, will not comply with the current approved and adopted edition of the various Uniform Building, Uniform Fire, Uniform Electrical and Uniform Plumbing Codes adopted by the city to insure that the operation is not hazardous to the health or safety of the employees or patrons of the business or of the general public.

B.

The completeness of an application shall be determined by the planning director within five working days of its submittal to the planning department, as required by Section 18.44.200 of this chapter. If it is determined that the application is not complete, the applicant shall be notified in writing that the application is not complete and the reasons therefor, including any additional information necessary to render the application complete. Such writing shall be deposited in U.S. mail, postage prepaid, immediately upon determination that the application is incomplete. Within five working days following the receipt of an amended application or supplemental information, the planning director shall again determine whether the application is complete in accordance with the procedures set forth above. If an amended application is not filed with the city within fifteen days of the date of the notice to the applicant that the application is incomplete, then such application shall be deemed to have been withdrawn and the applicant will be required to submit a new application to the city.

C.

Upon the filing of a completed application, the commission shall cause to be made by its own members, or members of its staff, an appropriate investigation, including consultation with the building, police, fire and health departments and inspection of the premises as needed. Consultation or investigation are not grounds for the city to unilaterally delay in reviewing a completed application, nor is it grounds to extend the time period to conduct a hearing pursuant to this section or issuing a decision on the application.

D.

If an application for an adult conditional use permit also requires design review board, as set forth in Section 18.44.070 of this code, the design review board shall also consider the application and issue a determination or decision on the design elements of a project to the planning commission within sixty days of the determination of a complete application.

E.

The commission shall notice and conduct a public hearing within fifteen days of the determination of a complete application for those applications that do not require development review pursuant to Section 18.44.070(D). Notice of such hearing shall be made as set forth in California Government Code Sections 65091 and 65905. The applicant shall insure that any posted notices on the property for which the permit is sought shall remain posted during the time period provided for in Government Section 65091.

F.

The commission shall notice and conduct a public hearing, within sixty days of: (1) the decision by the design review board for an application requiring development review pursuant to Section 18.44.070(C), or (2) within sixty days of the determination of a complete application for those applications that do not require development review pursuant to Section 18.44.070(D). Notice of such hearing shall be made as set forth in California Government Code Sections 65091 and 65905. The applicant shall insure that any posted notices on the property for which the permit is sought shall remain posted during the time period provided for in Government Section 65091.

G.

The planning commission shall render a written decision on the application for an adult conditional use permit within two days of the public hearing required by this section. Such written decision shall include findings upon which the decision is based.

H.

The failure of the commission to render any decision within the time frames established in any part of this section shall be deemed to constitute a denial.

I.

The commission's decision shall be immediately hand delivered or immediately mailed to the applicant, and shall be provided in accordance with the requirements of this code.

J.

Notwithstanding any provisions in this chapter regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this chapter or may request a continuance regarding any decision or consideration by the city of the pending application. Extensions of time sought by applicants shall not be considered delay on the part of the city or constitute failure by the city to provide for prompt decisions on applications.

(Ord. 2773 § 5, 2001; Ord. 2748 § 21; Ord. 2744 § 3, 1999)

(Ord. No. 2919, § 19, 20, 2-10-09; Ord. No. 2932, §§ 6, 7, 8-11-09; Ord. No. 3054, §§ 5, 6, 8-9-16)

A.

Any interested person may appeal the decision of the commission to the city council in writing, such written appeal to be personally delivered to the city or postmarked within five days of the commission's written decision, or in the case of no written decision, within five days of any denial of a permit application by the commission.

B.

Consideration of an appeal of the commission's decision shall be at a public hearing, notice of which shall be given pursuant to California Government Code Sections 65091 and 65905 and which hearing shall occur within fifteen days of the filing or initiation of the appeal.

C.

The city council action on the appeal of the commission's decision shall be by a majority vote of the members present and upon the conclusion of the de novo public hearing, the city council shall grant, conditionally grant or deny the appeal. The city council's decision shall be final and conclusive and shall be rendered in writing within two days of the hearing, such written decision to be immediately mailed or hand delivered to the party appealing the commission's decision and to any other affected parties including the applicant if the appellant is not the applicant. Such written decision shall include findings upon which the decision is based.

D.

In reaching its decision, the city council shall not be bound by the formal rules of evidence.

E.

Notwithstanding any provisions in this chapter regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this chapter or may request a continuance regarding any decision or consideration by the city of the pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the city or constitute failure by the city to provide for prompt decisions on applications.

F.

The failure of the city council to render any decision within the time frames established in any part of this section shall be deemed to constitute a denial.

G.

Each appeal from a denial or conditional approval of an adult conditional use permit shall be accompanied by a filing and processing fee in an amount as set by resolution of the city council. Any person appealing may withdraw the appeal by filing a written request to do so at any time prior to final action thereon, provided that there shall be no refund of fees.

(Ord. 2773 § 6, 2001; Ord. 2748 § 22: Ord. 2744 § 4, 1999)

(Ord. No. 2919, § 21, 2-10-09)

A.

The time for a challenge to a decision of the city council in a court of law is governed by California Code of Civil Procedure Section 1094.8.

B.

Notice of the city council's decision and findings shall include citation to California Code of Civil Procedure Section 1094.8.

C.

Any applicant whose permit has been denied or conditionally approved, to which such conditions the applicant objects, pursuant to this chapter shall be afforded prompt judicial review of that decision as provided by law. The city shall make all reasonable effort to expedite such review and shall comply with the provisions of California Code of Civil Procedures Section 1094.8 and/or any subsequent, applicable statutes or rules of the courts of law of the state or nation which specify the prompt judicial review to be provided to an adult entertainment permit applicant.

(Ord. 2869 §§ 55—56, 2006; Ord. 2773 § 7, 2001: Ord. 2748 § 23: Ord. 2744 § 5, 1999)

(Ord. No. 2919, § 22, 2-10-09)

A.

Any permit issued pursuant to the provisions of this chapter may be revoked by the city on the basis of any one or more of the following:

1.

That the business or activity has been conducted in a manner which violates one or more of the conditions imposed upon the issuance of the permit, including violations of operational or locational requirements, or which fails to conform to the plans and procedure described in the application, or which violates the occupant load limits set by the fire department;

2.

That the permittee has failed to obtain or maintain all required city, county and state licenses and permits;

3.

That the permit is being used to conduct an activity different from that for which it was issued;

4.

That the permittee has misrepresented a material fact in the application for permit or has not answered each question therein truthfully;

5.

That due to changes in on-site conditions, the adult business lacks sufficient on-site parking areas for employees and the public under the standards set forth in Chapter 18.48 of this code;

6.

That the building or structure in which the adult business has been or is being conducted or utilized in a manner that is at all times in compliance with the current approved and adopted edition of the various California Building, California Fire, California Electrical and California Plumbing Codes adopted by the city to insure that the operation is not hazardous to the health or safety of the employees or patrons of the business or of the general public;

7.

That the permitted business creates sound levels which violate any noise control ordinance of the city which may be in effect at the time of the violation(s);

8.

That the security measures provided by the permittee have not been adequate to deter unlawful conduct by the employees, independent contractors or patrons of the facility such that the city's public safety department's response to calls for service at the facility is above the average number of calls for service by other entertainment-type facilities;

9.

That the use for which the approval was granted has ceased to exist or has been suspended, whether voluntarily or involuntarily, for six months or more;

10.

A patron, or employee or independent contractor of the adult business is found guilty of, or pleaded nolo contendere to, a misdemeanor or felony classified by the state as a sex or sex-related offense, and that such offense or alleged offense occurred on the premises of the adult business. If the conduct is that of a patron, revocation must be based upon a finding that the operators of the adult business failed to take reasonable and appropriate measures to control the conduct of a patron or assisted the patron in the conduct for which he/she is convicted;

11.

The adult business has violated or allowed the violation of any provision of this chapter on its premises.

B.

Written notice of hearing on the proposed permit revocation, together with written notification of the specific grounds of complaint against the permittee shall be personally delivered or sent by certified mail to the permittee at least ten days prior to the hearing.

C.

The revocation hearing shall be heard by the commission and/or the city council, which hearing body shall not be bound by the formal rules of evidence at the hearing.

D.

The hearing body shall notice and conduct a public hearing on the proposed permit revocation, with notice of such hearing to be made pursuant to California Government Code Sections 65091 and 65905.

E.

The hearing body shall make its decision to revoke or not revoke the permit within thirty days of the public hearing.

F.

The hearing body shall revoke, not revoke, or not revoke but add additional conditions to, the permittee's adult conditional use permit. The hearing body's decision shall be in writing, and shall be hand delivered or mailed to the applicant and mailed to all property owners within three hundred feet of the use.

G.

Any interested person may appeal the decision of the hearing body, if the hearing body was the commission to the city in writing within five days after the written decision of the commission. The timely filing of an appeal by the permit holder shall stay the revocation or the imposition of conditions to which the permit holder objects, the status quo of the permit prior to revocation being maintained until such time as a decision by the city council on the appeal is rendered.

H.

Consideration of an appeal of the commission's decision shall be at a duly noticed public hearing and shall occur within fifteen days of the filing or initiation of the appeal. Written notice of the appeal hearing shall be personally delivered or sent by certified mail to the permittee and/or the appellant at least ten days prior to the hearing.

I.

The city council shall approve, conditionally approve or reject the decision of the commission.

J.

In reaching a decision, the city council shall not be bound by the formal rules of evidence. The city council's consideration of the appeal shall be a de novo hearing.

K.

The city council action on appeal of the commission's decision shall be by a majority vote of the quorum of the city council and shall be final and conclusive. The city council's decision shall be based upon written findings.

L.

The time for a challenge to a decision by the city council in a court of law is governed by California Code of Civil Procedure Section 1094.8.

M.

Notice of the city council's decision and its findings shall be mailed to the applicant and shall include citation to the California Code of Civil Procedure Section 1094.8.

N.

In the event a permit is revoked pursuant to this chapter, another adult conditional use permit to operate an adult business shall not be granted to the permittee within twelve months after the date of such revocation.

O.

Any applicant whose permit has been denied or conditionally approved, to which such conditions the applicant objects, pursuant to this chapter shall be afforded prompt judicial review of that decision as provided by law. The city shall make all reasonable efforts to expedite such review and shall comply with the provisions of California Code of Civil Procedure Section 1094.8 and/or any subsequent, applicable statutes or rules of the courts of law of the state or nation which specify the prompt judicial review to be provided to a permit applicant.

P.

The failure of the city to render any decision within the time frames established in any part of this section shall be deemed to constitute a denial.

(Ord. 2869 §§ 57—58, 2006; Ord. 2773 §§ 8—12, 2001; Ord. 2748 § 24: Ord. 2744 § 7, 1999)

(Ord. No. 2919, § 23, 2-10-09; Ord. No. 3121, § 8, 8-25-20)

Should any section, subsection, clause or provision of this chapter for any reason be held to be invalid or facially unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter, it being hereby expressly declared that this chapter, and each and every section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved, adopted and/or ratified irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases of this chapter be declared invalid or unconstitutional, including, but not limited to, the locational and operational requirements contained in Sections 18.44.020, 18.44.030, 18.44.050, 18.44.060, 18.44.070, 18.44.075, 18.44.090, 18.44.100, and 18.44.110.

(Ord. 2748 § 25: Ord. 2744 § 6, 1999)

(Ord. No. 2919, § 24, 2-10-09)