Chapter 22.45
SEXUALLY ORIENTED BUSINESS REGULATIONS
Sections:
22.45.040 Requirements for conditional use permit.
22.45.050 Time limits for action on conditional use permit.
22.45.060 Suspension and revocation of a conditional use permit.
22.45.070 Sexually oriented business license required.
22.45.080 Sexually oriented business performer license required.
22.45.090 Action on license—Appeal.
22.45.110 Expiration of license.
22.45.120 Suspension or revocation of license.
22.45.130 Appeal of denial, suspension or revocation.
22.45.140 Nontransferability of sexually oriented business license or performer license.
22.45.160 Provisions nonexclusive.
22.45.170 Violations—Penalties.
22.45.190 Immunity from prosecution.
22.45.210 Conflicting ordinances.
22.45.010 Purpose and intent.
It is the purpose of this chapter to regulate sexually oriented businesses to promote the health, safety and general welfare of the citizens of the city of Cerritos and to establish reasonable and uniform regulations to prevent any deleterious location of sexually oriented businesses within the city, thereby reducing or eliminating the adverse secondary effects from such sexually oriented businesses. The provisions of this chapter have neither the purpose nor the effect of imposing a limitation or restriction on the content of, or access to, any communicative materials, as provided by the First Amendment of the United States Constitution, including sexually oriented materials. Similarly, it is not the intent nor the effect of this chapter to restrict or deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material. (Ord. 769A § 1 (part), 1996)
22.45.020 Definitions.
The following words and phrases shall, for the purposes of this chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended:
(1) “Employee” means any person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.
(2) “Establishment of sexually oriented business” includes any of the following:
(a) The opening or commencement of any such business as a new business;
(b) The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined herein;
(c) The addition of any of the sexually oriented businesses defined herein to any other existing sexually oriented business; or
(d) The relocation of any such sexually oriented business.
(3) “Lingerie modeling business” means an establishment where, for any form of consideration, lingerie is modeled by a person or persons for viewing by adults.
(4) “Massage parlor” means any place where, for any form of consideration or gratuity, massage or any other manipulation of the human body which regularly occurs as a part of or in connection with specified sexual activities, or where any person providing such manipulation, or service related thereto, exposes his or her specified anatomical areas. The definition of sexually oriented business shall not include the practice of massage in any licensed hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor, or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.
(5) “Modeling studio” means any establishment which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who display specified anatomical areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. Modeling studio does not include schools maintained pursuant to standards set by the State Board of Education. Modeling studio does not include schools maintained by an individual artist or group of artists, and which does not provide, permit, or make available specified sexual activities.
(6) “Nude, nudity or state of nudity” includes the following:
(a) The appearance of human buttocks, pubic area, anus, male genitals, female genitals, or the areola and nipple of the female breast; or
(b) A state of dress which fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.
(7) “Operator” means any person in charge of any permitted or licensed premises.
(8) “Performer” means any person who performs live entertainment for patrons of a sexually oriented business.
(9) “Permitted or licensed premises” means any establishment that requires a license and/or permit and that is classified as a sexually oriented business.
(10) “Permittee and/or licensee” means any person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual(s) listed as an applicant(s) on the application for a permit and/or license.
(11) “Person” means an individual, proprietorship, partnership, corporation, association, or other legal entity.
(12) “Police department” means the law enforcement agency of the city.
(13) “Public park” means a park, playground, swimming pool, golf course or athletic field within the city which is under the control, operation or management of the city, the county, the state or other public agency.
(14) “Religious institution” means an establishment which is used primarily for religious services and related religious activities.
(15) “School” means any child care facility, or 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 nursery schools, preschools, schools with any of the grades kindergarten through twelfth grade, or any special institution of education for minors, but it does not include vocational or professional institutions of higher education, including a community or junior college, college or university.
(16) “Sexual encounter establishment” means an establishment, other than a hotel, motel or similar establishment offering public accommodations, which, for any form of consideration as a regular and substantial course of conduct, 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 engages in sexual therapy.
(17) “Sexually oriented arcade” means an establishment where, for any form of consideration, one or more motion picture projectors, slide projectors, video projectors, or other similar forms of machine or technology, for the viewing by five or fewer persons each, which, as a regular and substantial course of conduct are used to show films, motion pictures, video cassettes, slides or other photographic or electronic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specific anatomical areas.
(18) “Sexually oriented bookstore, sexually oriented novelty store or sexually oriented video store” means an establishment which has as a regular and substantial portion of its business and offers for sale, rent or viewing for any form of consideration any one or more of the following:
(a) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videos, slides or other photographic or electronic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or
(b) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities, with the exception of birth control devices.
(19) “Sexually oriented business” means an establishment or concern which as a regular and substantial course of conduct performs or operates, for any form of consideration, as a sexually oriented arcade, sexual encounter establishment, sexually oriented bookstore, sexually oriented novelty store, sexually oriented tanning salon, massage parlor, sexually oriented cabaret, sexually oriented video store, sexually oriented theater, sexually oriented motion picture theater, sexually oriented motel/hotel, modeling studio, lingerie modeling, or any other business or concern which as a regular and substantial portion of its business offers, for any form of consideration, to its patrons products, merchandise, services or entertainment which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified anatomical areas or specified sexual activities, but not including those uses or activities the regulation of which is preempted by state law.
(20) “Sexually oriented cabaret” means an establishment which serves food or beverages and which as a regular and substantial course of conduct features live performances, for any form of consideration, which are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, slides or other photographic or electronic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
(21) “Sexually oriented hotel/motel” means a hotel or motel or similar establishment offering public accommodations for any form of consideration which:
(a) Provides patrons with closed-circuit television transmissions, films, motion pictures, videos, slides or other photographic or electronic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to newspapers, magazines, pamphlets or leaflets, radio or television; or
(b) Rents, leases, or lets any single guest room for less than a ten-hour period, or rents, leases or lets any single guest room more than twice in a twenty-four-hour period; or
(c) Allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten hours.
(22) “Sexually oriented motion picture theater” means an establishment which as a regular and substantial course of conduct offers to show, for any form of consideration, films, motion pictures, videos, slides or similar photographic or electronic reproductions, and in which a substantial portion of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
(23) “Sexually oriented tanning salon” means an establishment where patrons receive tanning services in groups of two or more and where patrons or employees of the establishment expose specified anatomical areas. Sexually oriented tanning salon shall also include a business establishment where a patron and employee of the establishment are nude or expose specified anatomical areas. A sexually oriented tanning salon shall also include a business establishment where the employees thereof are nude or expose specified anatomical areas.
(24) “Sexually oriented theater” means an establishment which as a regular and substantial course of conduct features, for any form of consideration, live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
(25) “Specified anatomical areas” includes any of the following:
(a) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or the areola and nipple of female breasts;
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(26) “Specified sexual activities” includes any of the following:
(a) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(b) Sex acts, actual or simulated, including intercourse, oral copulation or sodomy;
(c) Masturbation, actual or simulated; or
(d) Excretory functions as part of or in connection with any of the activities described in subsections (26)(a) through (c) this section.
(27) Regular and Substantial Course of Conduct and/or Regular and Substantial Portion of its Business. Any business shall be considered a sexually oriented business where any of the following conditions exist:
(a) At least twenty percent of the stock-in-trade or total display area is devoted to sexually oriented materials (except for mail order businesses or wholesale businesses with no patrons in the premises); or
(b) The business or concern presents any type of entertainment, live or otherwise, characterized by an emphasis on specified sexual activity or specified anatomical areas on any four or more separate days within any thirty-day period; or
(c) At least twenty-five percent of the gross receipts of the business are derived from the sale, trade, rental, display or presentation of services, products, materials, or entertainment which is characterized by an emphasis on specified sexual activity or specified anatomical areas.
(28) “Substantially enlarged” means the increase in floor area occupied by the business by more than ten percent of its floor area as it exists on the effective date of the ordinance codified in this chapter.
(29) “Transfer of ownership or control of a sexually oriented business” includes any of the following:
(a) The sale, lease or sublease of the business;
(b) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means;
(c) The establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control. (Ord. 769A § 1 (part), 1996)
22.45.030 Location standards.
(1) Subject to the provisions of this chapter, sexually oriented businesses shall be permitted only in the industrial commercial-two (MC-2) zone provided:
(a) Each such sexually oriented business shall, prior to commencement or continuation of such business, first apply for and receive approval from the city council, after recommendation from the planning commission, for a conditional use permit.
(b) Each such sexually oriented business must, prior to commencement or continuation of such business, first apply for and receive a sexually oriented business license.
(c) The city council shall issue such conditional use permit if that body finds that the proposed facility or use complies with the regulations specified in this chapter.
(d) Each such use must comply with all applicable development and design regulations of the MC-2 zone.
(2) A sexually oriented business shall not be established nor located within three hundred feet of a freeway or a major arterial street. The distance shall be measured from the edge of the freeway or major arterial street right-of-way.
(3) Except as provided in Section 22.45.030(4), a sexually oriented business shall not be established nor located within five hundred feet of the following:
(a) Any county or city residential zone;
(b) Any parcel with a residential use;
(c) Any religious institution or property zoned, planned or otherwise designated for such use by city action;
(d) Any school, public park or property zoned, planned or otherwise designated for such use by city action;
(e) Any boys club, girls club, or similar youth organization.
The uses and zones set forth herein shall be collectively known as “impacted uses.”
(4) A sexually oriented business may be established or located within five hundred feet, but no closer than one hundred fifty feet, of the impacted uses providing one or more of the following conditions exist:
(a) The impacted uses are separated from the sexually oriented business by a flood control channel at least one hundred fifty feet in width and the sexually oriented business does not face the impacted uses.
(b) The impacted uses are separated from the sexually oriented business by a utility easement or utility right-of-way at least fifty feet in width and the sexually oriented business does not face the impacted uses.
(5) For purposes of this section, all distances shall be measured in a straight line, without regard to intervening structures, from the nearest point of the building, or structures in which the sexually oriented business is or will be located to the nearest property line of any land use, land use district, or zone described in subsection (3) of this section. (Ord. 769A § 1 (part), 1996)
22.45.040 Requirements for conditional use permit.
A conditional use permit shall be granted pursuant to the following requirements and conditions:
(1) Fire Standards. 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 Cerritos.
(2) Operations. No sexually oriented business shall be operated in any manner that permits the observation of any material or activity 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.
(3) Lighting in Parking Lots and Walkways. Lighting shall be required which is designed to illuminate all off-street parking areas and on-site walkways serving such use for the purpose of increasing the personal safety of patrons and reducing the incidents of vandalism, theft and other criminal activity. Said lighting shall be a minimum of 2.0 footcandles and shall be shown on the required plot plans and shall be reviewed and approved by the department of community development.
(4) Amplified Sound. No loudspeakers or sound equipment shall be used by a sexually oriented 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 noise restrictions as may be adopted by the city of Cerritos.
(5) Sexually Oriented Arcades. A person who operates or causes to be operated a sexually oriented arcade shall comply with the following requirements:
(a) Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one 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. A manager’s station may not exceed thirty-two square feet of floor area with no dimension greater than eight feet. The diagram shall also designate the place at which this license will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; however each diagram shall be oriented to the north and shall be drawn to a designated scale with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The director of community development may waive the foregoing diagram for business license renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
(b) No alteration in the configuration of a manager’s station may be made without the approval of the director of community development.
(c) It is the duty of the owners and operators of the premises to insure that at least one employee is on duty and situated at each manager’s station at all times that any patron is present inside the premises.
(d) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose, excluding rest rooms. If the premises have two or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager’s stations. The view required in this subsection must be by direct line of sight from the manager’s station, unaided by mirrors, video, closed circuit cameras or any other means.
(e) It shall be the duty of the owners and operators, and it shall also be the duty of any agents and employees present on the premises to insure that the view area specified in subsection (5)(d) of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials or person at all times and to insure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the business license application.
(f) It is unlawful to maintain, operate or manage or to permit to be maintained, operated, or managed any sexually oriented arcade in which the arcade viewing areas are obscured by a curtain, door, wall, or other enclosure or are not visible from a continuous main aisle. For purposes of this subsection, viewing area means the area where a patron or customer would ordinarily be positioned while watching the performance, picture, show, film, video or electronic transmission.
(g) It is unlawful for more than one person at a time to occupy any individually partitioned arcade viewing area or booth.
(h) It is unlawful to create, maintain or permit to be maintained any holes or other openings between any two booths or individual arcade viewing areas or between a booth and a rest room or a viewing area and a rest room for the purpose of providing viewing or physical access between the booth or individual arcade viewing area, or a rest room.
(i) The floors, seats, walls and other interior portions of all booths or viewing areas shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any such booths or viewing areas shall be evidence of improper maintenance and inadequate sanitary control; repeated instances of such conditions may justify suspension or revocation of the permit to conduct the sexually oriented business.
(6) Signs. All on-site signage shall conform to the relevant provisions of Chapter 22.48 of this code and shall not contain sexually explicit photographs, silhouettes or other sexually explicit pictorial representations.
(7) Sale/Serving of Alcohol. No sexually oriented business shall permit the sale, service or consumption of alcohol within said business.
(8) Age Restrictions. All entrances to a sexually oriented business shall be clearly and legibly posted with a notice indicating that minors are prohibited from entering the premises. It is unlawful to permit patrons or employees under the age of eighteen in the portion of a structure occupied by a sexually oriented business, including sexually oriented arcades, sexually oriented bookstores, sexually oriented cabarets, sexually oriented motels, sexually oriented motion picture theaters, sexually oriented theaters, lingerie modeling businesses, or sexual encounter establishments, except as permitted under Section 313.2 of the California Penal Code, as amended.
(9) Time of Operation. No sexually oriented business shall be open or operating during the hours from twelve midnight to eight a.m.
(10) Landscaping. No landscaping shall exceed thirty inches in height, except trees with foliage, not less than six feet above the ground.
(11) Live Entertainment. The following additional requirements shall pertain to sexually oriented businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities:
(a) No person shall perform live entertainment for patrons of a sexually oriented business except upon a stage at least eighteen inches above the level of the floor which is separated by a distance of at least ten feet from the nearest area occupied by patrons, and no patron shall be permitted within ten feet of the stage while the stage is occupied by a performer.
(b) The sexually oriented business shall provide separate dressing room facilities for performers which are exclusively dedicated to the performers’ use.
(c) The sexually oriented business shall provide an entrance/exit for performers which is separate from the entrance/exit used by patrons.
(d) The sexually oriented business shall provide access for performers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the sexually oriented business shall provide a minimum four-foot-wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers capable of (and which actually results in) preventing any physical contact between patrons and performers.
(e) No performer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any performer either before, during or after performances by such performer. This subsection shall only apply to physical contact on the premises of the sexually oriented business.
(f) Fixed rail(s) at lease thirty inches in height shall be maintained establishing the separations between performers and patrons required by this subsection.
(g) No patron shall directly pay or give any gratuity to any performer and no performer shall solicit any pay or gratuity from any patron.
(12) Rest Rooms. Rest room facilities shall not be used for activities in violation of the California Penal Code, including Section 647. Separate rest room facilities shall be provided for male and female patrons and employees. Male patrons and employees shall be prohibited from using the rest room for females, and female patrons and employees shall be prohibited from using the rest rooms for males, except to carry out duties of repair, maintenance and cleaning of the rest room facilities or as otherwise required by law. The rest room shall be free from any adult material. Rest rooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this subsection shall not apply to a sexually oriented business which deals exclusively with the sale or rental of adult material which is not used or consumed on the premises, such as a sexually oriented bookstore or sexually oriented video store, and which does not provide rest room facilities to its patrons or the general public.
(13) Security Guards. Sexually oriented businesses shall employ security guards in order to maintain the public peace and safety, based upon the following standards:
(a) Sexually oriented business featuring live entertainment that has an occupancy limit of thirty-five persons or less shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than thirty-five persons and less than seventy persons, two security guards shall be provided. If the occupancy limit is seventy persons or greater, the number of security guards required on the premises while the business is open shall be determined by the director of community development.
(b) Security guards for other sexually oriented businesses may be required if it is determined by the director of community development that their presence is necessary in order to prevent any of the conduct listed in Section 22.45.120(2)(f) from occurring on the premises.
(c) Security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state law. No security guard required pursuant to this subsection shall act as a door person, ticket seller, ticket taker, admittance person or sole occupant of the manager’s station while acting as a security guard.
(14) Interior Lighting. All interior areas open to the patrons of the sexually oriented business shall be illuminated at a minimum of twenty footcandles, except sexually oriented cabarets and sexually oriented theaters shall be allowed to maintain a minimum 1.25 footcandle illumination during performances.
(15) Number of Businesses. No building, structure, or other facility shall be permitted to contain more than one type of sexually oriented business, as such types of sexually oriented business are defined in this chapter. For the purposes of this section, the phrase “sexually oriented business” shall not be considered a single type of sexually oriented business.
(16) Nudity Prohibited. No owner or other person with control over a sexually oriented business shall permit any person on the premises of the sexually oriented business to engage in a live showing of the human male or female genitals, pubic area or anus region with less than a fully opaque coverage, and/or the female breast with less than a fully opaque coverage over any part of the nipple or areola and/or covered male genitals in a discernibly turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical part required to be covered. The sole remedy for violation of this subsection is revocation of the sexually oriented business conditional use permit.
(17) Special Events. The sexually oriented business shall not conduct, sponsor or stage any special events, promotions, festivals, concerts, or similar events or activities which would create a demand for parking spaces beyond the approved number of spaces required for the particular use or which would increase occupancy beyond the maximum building occupancy as determined by the fire marshal, as required by law.
(18) Material Harmful to Minors. The permittee or operator shall maintain the grounds within one hundred feet of the premises of the sexually oriented business free from all materials harmful to minors, including but not limited to wrappers, covers, labels, packaging, bags and magazines.
The foregoing applicable requirements of this section shall be deemed conditions of a sexually oriented business conditional use permit, and failure to comply with every such requirement shall be grounds for suspension or revocation of the conditional use permit issued pursuant to these regulations. (Ord. 769A § 1 (part), 1996)
22.45.050 Time limits for action on conditional use permit.
Final action of approval or denial by the city council shall be taken within sixty days from filing a complete application for a conditional use permit with the department of community development. If the city council fails to act within sixty days, the application shall be deemed approved if the sexually oriented business satisfies all the criteria in this chapter and shall be subject to all regulations in this chapter. (Ord. 769A § 1 (part), 1996)
22.45.060 Suspension and revocation of a conditional use permit.
The city council may suspend or revoke any conditional use permit if it is found that any of the following conditions exist:
(1) Any material violation of the regulations in this chapter;
(2) The operation conducted by the permittee does not comply with all state or city building, health, zoning or fire regulations;
(3) The approved use has been substantially enlarged without city approval;
(4) The approved use has been partially or wholly converted to another sexually oriented business without city approval;
(5) The conditional use permit has not been utilized within six months of its issuance;
(6) The conditional use permit has been discontinued for one hundred twenty consecutive days or a minimum of one hundred eighty days within any twelve-month period;
(7) A sexually oriented business is added in violation of Section 22.45.040(15); or
(8) The sexually oriented business license has been suspended or revoked. (Ord. 769A § 1 (part), 1996)
22.45.070 Sexually oriented business license required.
An applicant for the operation of a sexually oriented business shall apply for and submit a completed application for a sexually oriented business license at the same time the applicant applies for and submits a conditional use permit application. The sexually oriented business shall not be permitted to commence or continue business without the required valid permits and licenses. Such sexually oriented business license shall be nontransferable and must be renewed on an annual basis on the anniversary date of the original application. The license obtained is nontransferable and a new license must be obtained if the business is leased, sold or otherwise transferred for any reason.
(1) Applicants for such licenses shall file a written, signed and verified application or renewal application on a form provided by the department of community development. Such application shall contain:
(a) The legal name, aliases and residential address (other than post office box) of applicant;
(b) The complete name and business address of the applicant.
(i) If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation. The applicant shall provide the date of its incorporation, and evidence that the corporation is in good standing under the laws of the state of California. The applicant shall show the name and residence address of each of the officers, directors and each stockholder owning no less than ten percent of the stock of the corporation in addition to the name of the registered corporate agent and the address of the registered office for service of process;
(ii) If the applicant is a partnership, whether the partnership is general or limited, the application shall show the name and residence address of each of the partners and a copy of the partnership agreement, if any;
(iii) If the sexually oriented business is owned or operated by an individual, he/she must sign the application for a permit as applicant. If the sexually oriented business is owned or operated by other than an individual, each individual who has a ten percent or greater interest in the business must sign the application for a permit as applicant. If the sexually oriented business is owned or operated by a corporation, each individual having a ten percent or greater interest in the corporation must sign the application for a permit as applicant;
(c) If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he/she must:
(i) State the sexually oriented business’s fictitious name; and
(ii) Submit the required registration documents;
(d) The applicant’s fingerprints on a form provided by and in a manner prescribed by the police department and a two-inch by two-inch (minimum size) portrait photograph, taken within the sixty days immediately prior to the date the application is filed, of the applicant(s). Any fees for the fingerprints and photographs shall be paid by the applicants;
(e) The applicant’s drivers license number, Social Security number and his/her state or federally issued tax identification number;
(f) Whether the applicant or any of the other individuals listed pursuant to Section 22.45.070 of this chapter has, within the two-year or five-year period as specified in subsection (3)(h) of this section immediately preceding the date of the application, been convicted of a “specified criminal act,” and, if so, the “specified criminal act” involved, the date, place, nature of each conviction or plea of nolo contendere and the identity of the convicting jurisdiction;
(g) A detailed description of the operation, type, and services or entertainment to be provided by the sexually oriented business and the number of persons engaged in the business;
(h) Hours of operation;
(i) A location, address and floor plan indicating how the uses are proposed to be conducted within the building;
(j) The name or names of the person or persons having the management or supervision of applicant’s business at the location;
(k) A detailed security plan that describes measures that will be implemented to provide adequate security both within the interior and exterior premises of the business, specifically including, but not limited to, measures to comply with the requirements of Section 22.45.040 (13);
(l) For a renewal application, applicant in addition shall indicate any changes since the filing of the initial application;
(m) Authorization by applicant to city, its employees, agents and contractors, for any and all information necessary for the investigation of the application to determine its truthfulness.
(2) All applications for a license or renewal shall be filed with the city business license division subject to investigation by the police department and report by the director of community development. Each application shall be accompanied by a nonrefundable fee for filing or renewal in an amount determined by resolution of the city council, which fees will be used to defray the costs of investigation, inspection and processing of such application. Upon receipt of an application properly filed with the city and upon payment of the nonrefundable application fee, the city shall immediately stamp the application as received and shall immediately thereafter send photocopies of the application to the police department and the department of community development. The city shall promptly conduct an investigation of the applicant and the proposed sexually oriented business in accordance with its responsibilities under the law and as set forth in this chapter. Said investigation shall be completed within twenty working days of the receipt of the application by the city. At the conclusion of the investigation the results shall be indicated on the photocopy of the application, dated, signed and returned to the city business license division.
(3) After an investigation by the police department and report by the director of community development, the city business license division shall issue a license or renewal unless one or more of the following are found to be true:
(a) That the building, structure, equipment and location used by the business for which a license is required herein does not comply with the requirements and standards of the health, zoning, fire and safety laws of the state of California and of the city of Cerritos;
(b) That the applicant, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for a license or in any report or record required to be filed with the police department, or other department of the city;
(c) That the applicant, his or her employee, agent, partner, director, officer, stockholder or manager has had any type of sexually oriented business license revoked by any public entity within two years of the date of the application;
(d) That a conditional use permit has been revoked or denied for the use;
(e) That an applicant is under eighteen years of age;
(f) An applicant is overdue in payment to the city of Cerritos of fees owed by the applicant in relation to the sexually oriented business, which is the subject of the application;
(g) The application or license fee required by this chapter has not been paid; or
(h) An applicant has been convicted of a “specified criminal act” for which:
(i) Less than two years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the “specified criminal acts” which are sexual crimes against children, sexual abuse, rape, or crimes connected with another sexually oriented business including but not limited to distribution of obscenity or material harmful to minors, prostitution, pandering, or tax violations;
(ii) Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense; for the “specified criminal acts” which are sexual crimes against children, sexual abuse, rape, or crimes connected with another sexually oriented business including but not limited to distribution of obscenity or material harmful to minors, prostitution, pandering, or tax violations;
(iii) Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two or more misdemeanor offenses for “specified criminal” acts which are sexual crimes against children, sexual abuse, rape, or crimes connected with another sexually oriented business including but not limited to distribution of obscenity or material harmful to minors, prostitution, pandering, or tax violations; and the offenses occurred within any twenty-four-month period;
(iv) The fact that a conviction is being appealed shall have no effect on disqualification of the applicant;
(v) An applicant who has been convicted of the above described “specified criminal acts” may qualify for a sexually oriented business permit only when the time period required in subsection (3)(h) of this section has elapsed.
(4) The annual fee for a sexually oriented business license shall be in an amount determined by city council resolution.
(5) Applicants for a permit under this section shall have a continuing duty to promptly supplement application information required by this section in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within thirty days from the date of the change, by supplementing the application on file with the director of community development, shall be grounds for suspension of the license.
(6) The fact that an applicant(s) possesses other types of state or city permits and/or licenses does not exempt the applicant(s) from the requirement of obtaining a sexually oriented business permit. (Ord. 769A § 1 (part), 1996)
22.45.080 Sexually oriented business performer license required.
An applicant for a sexually oriented business performer license shall apply for a sexually oriented business performer license after a conditional use permit is approved by the city council for the sexually oriented business at which the applicant will perform. The sexually oriented business performer shall not be permitted to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in a sexually oriented business until the performer license is issued. Such sexually oriented business performer license shall be nontransferable and must be renewed on an annual basis on the anniversary date of the original application. All persons who have been issued a sexually oriented business license shall promptly supplement the information provided as part of the application for the license required in Section 22.45.070, with the names of all performers required to obtain a sexually oriented business performer license, within thirty days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension of the sexually oriented business license.
(1) Applicants for such licenses shall file a written, signed and verified application or renewal application on a form provided by the department of community development. Such application shall contain:
(a) The applicant’s legal name and any other names (including “stage names” and aliases) used by the applicant;
(b) Age, date and place of birth;
(c) Present residence address and telephone number;
(d) State driver’s license or identification number;
(e) Satisfactory written proof that the applicant is at least eighteen years of age;
(f) The applicant’s fingerprints on a form provided by and in a manner prescribed by the police department, and a color portrait photograph, minimum size of two inches by two inches, taken within the sixty days immediately prior to the date the application is filed, clearly showing the applicant’s face. Any fees for the photographs and fingerprints shall be paid by the applicant;
(g) A statement detailing the sexually oriented business performer license or permit history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant previously operating or seeking to operate, in this or any other county, city, or state, has ever had such a license, permit, or authorization to do business denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the date, the name of the issuing or denying jurisdiction, and describe in full the reasons for the denial, revocation, or suspension;
(h) Whether the applicant has been convicted of a “specified criminal act” as defined in Section 22.45.070 (3)(h) of this chapter. This information shall include the date, place, nature of each conviction or plea of nolo contendere and identify the convicting jurisdiction;
(i) If the application is made for the purpose of renewing a license, the applicant shall attach a copy of the license to be renewed;
(j) For a renewal application, applicant in addition shall indicate any changes since the filing of the initial application;
(k) Authorization by applicant to city, its employees, agents and contractors, for any and all information necessary for the investigation of the application to determine its truthfulness.
(2) All applications for a license or renewal shall be filed with the city business license division subject to investigation by the police department and report by the director of community development. Each application shall be accompanied by a nonrefundable fee for filing or renewal in an amount determined by resolution of the city council, which fees will be used to defray the costs of investigation, inspection and processing of such application.
(3) After an investigation by the police department and report by the director of community development, the city business license division shall issue a license or renewal unless one or more of the following are found to be true:
(a) The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for a license or in any report or record required to be filed with the police department, or other department of the city;
(b) The applicant has had any type of sexually oriented business license or sexually oriented business performer license revoked by any public entity within two years of the date of the application;
(c) The sexually oriented business performer license is to be used for performing in a sexually oriented business prohibited by state or city law;
(d) The applicant is under eighteen years of age; or
(e) That the applicant has been convicted of any “specified criminal act” as defined in Section 22.45.070 (3)(h) of this chapter.
(4) The annual fee for the sexually oriented business performer license shall be in an amount determined by city council resolution. (Ord. 769A § 1 (part), 1996)
22.45.090 Action on license—Appeal.
The report of the police department and the director of community development regarding a license application shall be issued within twenty working days of filing a complete application. The decision of the city business license division shall be within five days of receiving the reports. Any decision of the city business license division may be appealed to the city council within ten days of the decision. Any appeal shall be scheduled for a hearing before the city council within thirty days of its filing and the city council shall make a determination within forty-five days from the filing of the appeal. If the city fails to complete its reports and render its decision on the license or fails to schedule an appeal hearing and render its appeal determination within the time periods set forth herein, the license shall issue automatically, subject to all regulations in this chapter. (Ord. 769A § 1 (part), 1996)
22.45.100 Inspection.
An applicant or licensee shall permit representatives of the police department, health department, fire department, code enforcement, department of community development, or other city departments or agencies to inspect the premises of a sexually oriented business on an unscheduled basis, for the purpose of assuring compliance with the law, at any time it is occupied or opened for business. A person who operates a sexually oriented business or his or her agent or employee is in violation of the provisions of this section if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or opened for business. (Ord. 769A § 1 (part), 1996)
22.45.110 Expiration of license.
(1) Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in this chapter. Application for renewal shall be made at least thirty days before the expiration date, and when made less than thirty days before the expiration date, the expiration of the license will not be affected.
(2) When the city business license division denies renewal of the license, the applicant shall not be issued a license under this chapter for one year from the date of denial. If, subsequent to denial, the city or its designee finds that the basis for denial of the renewal of the license has been corrected, the applicant shall be granted a license if at least ninety days have elapsed since the date denial became final. (Ord. 769A § 1 (part), 1996)
22.45.120 Suspension or revocation of license.
A sexually oriented business license or a sexually oriented business performer license may be suspended or revoked in accordance with the procedures and standards of this section.
(1) On determining that grounds for license suspension or revocation exist, the director of community development shall furnish written notice of the proposed suspension or revocation to the licensee. Such notice shall set forth the time and place of the hearing, and the ground or grounds upon which the hearing is based, the pertinent code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, certified mail return receipt requested, addressed to the last known address of the licensee, or shall be delivered to the licensee personally, at least ten days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the director of community development, but at a minimum shall include the following:
(a) All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses.
(b) Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness.
(2) After an investigation, notice and hearing, the director of community development may suspend or revoke an existing sexually oriented business performer license or sexually oriented business license, if based upon the evidence it is found that one or more of the following conditions exist:
(a) The building, structure, equipment and location used by the business fails to comply with the requirements or fails to meet the standards of the health, zoning, fire and safety laws of the state of California, or of the ordinances of the city of Cerritos. In the event of such statute, code, ordinance or regulation violation, the city, or its designee, shall allow the licensee a seven-working-day period in which to correct the violation. If the licensee fails to correct the violation before the expiration of the seven-working-day period, the city, or its designee, shall forthwith suspend the license and shall notify the licensee of the suspension. The suspension shall remain in effect until the violation has been corrected;
(b) The licensee, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statements of material facts in the application for a license, or in any report or record required to be filed with the police department, or other department of the city;
(c) The licensee has had any type of sexually oriented business license revoked by any public entity within two years of the date the license was issued;
(d) The licensee is convicted of tax violations for any taxes or fees related to a sexually oriented business;
(e) The licensee, manager or any agent or employee of the licensee or manager has been convicted in a court of competent jurisdiction of any crime in conjunction with or as a result of the operation of the subject sexually oriented business or of any sex-related crime after the date of issuance of the sexually oriented business license for said business;
(f) A sexually oriented business has been used as a place where sexual intercourse, sodomy, oral copulation, masturbation, prostitution or other lewd acts occur or have occurred;
(g) The subject sexually oriented business has employed minors;
(h) The licensee, his or her employee, agent, partner, director, officer, stockholder or manager has violated any provision of this chapter;
(i) The licensee, manager or any agent or employee of the licensee or manager refused to allow the lawful inspection of the premises pursuant to Section 22.45.100;
(j) The conditional use permit for the use has been suspended or revoked; or
(k) Failure to abide by a disciplinary action previously imposed by a city official.
(3) After holding the hearing in accordance with the provisions of this section, if the director of community development finds and determines that there are grounds for disciplinary action, based on the severity of the violation, the director of community development shall impose one of the following:
(a) A warning;
(b) Suspension of the license for a specified period not to exceed six months;
(c) Revocation of the license.
(4) Once a license is revoked, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business or performer license for one year from the date the revocation became effective. If, subsequent to revocation, the director of community development finds that the basis for revocation under this chapter has been corrected, the applicant shall be granted a license if at least ninety days have elapsed since the date revocation became effective. If the license was revoked under Section 22.45.070(3)(h) of this chapter, an applicant may not be granted another license until the number of years required under Section 22.45.070(3)(h) have elapsed. (Ord. 769A § 1 (part), 1996)
22.45.130 Appeal of denial, suspension or revocation.
After denial of an application for a sexually oriented business license or a sexually oriented business performer license, or after denial of renewal of a license, or suspension or revocation of a license, the applicant or person to whom the license was granted may seek review of such administrative action by the city council. If the denial, suspension, or revocation is affirmed on review, the applicant/licensee may seek prompt judicial review of such administrative action pursuant to California Code of Civil Procedure Section 1094.5 The city shall make all reasonable efforts to expedite judicial review, if sought by licensee. (Ord. 769A § 1 (part), 1996)
22.45.140 Nontransferability of sexually oriented business license or performer license.
A licensee shall not transfer a sexually oriented business license or a sexually oriented business performer license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application. Any sexually oriented business license or sexually oriented business performer license which is transferred to another person or to another location shall immediately become null and void. (Ord. 769A § 1 (part), 1996)
22.45.150 Business records.
If the department of community development believes that a regular and substantial portion of a business operating within the city has the characteristics of a sexually oriented business, then the department of community development may require that the business make available for review by the authorized representative of the city, at reasonable times and places, complete records of the business’ transactions, including its sales, receipts, purchases and other expenditures. In the event such records cannot be made available within the city of Cerritos or within a distance of fifty miles therefrom, the operator of the business is hereby required to reimburse the city for the cost of all transportation, lodging, meals, portal to portal travel time and other incidental costs reasonably incurred by the city in performing said audit. (Ord. 769A § 1 (part), 1996)
22.45.160 Provisions nonexclusive.
The provisions set forth in this chapter are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other ordinances or regulations pertaining to the operation of sexually oriented businesses as adopted by the city council of the city of Cerritos. (Ord. 769A § 1 (part), 1996)
22.45.170 Violations—Penalties.
(1) Except for the provisions of Section 22.45.040 (16), any firm, corporation or person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this chapter shall be guilty of a misdemeanor, and any conviction thereof shall be punishable by a fine of not more than one thousand dollars or by imprisonment for not more than six months, or by both such fine and imprisonment.
(2) Nothing herein shall prevent or restrict the city from taking such other lawful action in any court or competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. If an injunction must be sought, attorneys fees and costs will be assessed at the discretion of the court against the sexually oriented business.
(3) Further, nothing in this section shall be construed to prohibit the city from prosecuting any violation of this chapter by means of code enforcement established pursuant to the authority as provided by the laws of the state of California and the city of Cerritos.
(4) Any violation of the provisions of this chapter shall constitute a separate offense for each and every day during which such violation is committed or continued.
(5) Chapter 22.45 of the Cerritos Municipal Code requires that sexually oriented businesses shall only be permitted as provided in Sections 22.45.030 and 22.45.040 of this chapter. Licenses for sexually oriented businesses and sexually oriented business performers shall be required and governed by the regulations contained in Sections 22.45.070 and 22.45.080 of this chapter. In addition, any sexually oriented business shall be subject to the following restrictions:
(a) A person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business except as provided in Sections 22.45.030 and 22.45.040 of this chapter.
(b) A person commits a misdemeanor if he/she causes or permits the operation, establishment, or maintenance of more than one sexually oriented business within the same building, structure, or portion thereof or causes substantial enlargement of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.
(c) A person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a license has been issued for said business under this chapter, and advertises the presentation of any activity prohibited by any applicable state statute or local ordinance.
(d) A person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a license has been issued for said business under this chapter, and displays or otherwise exhibits the materials and/or performances of “specified sexual activities” or “specified anatomical areas” at such sexually oriented business in any advertising which is visible outside the premises. This prohibition shall not extend to advertising of the existence or location of such sexually oriented business.
(e) A person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a license has been issued for said business under this chapter, and allows such business to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of twelve midnight and eight a.m. of any particular day.
(f) A person commits a misdemeanor if, working as an employee of a sexually oriented business, regardless of whether or not a license has been issued for said business under this chapter, said employee engages in a performance, solicits a performance, makes a sale, solicits a sale, provides a service, or solicits a service, between the hours of twelve midnight and eight a.m. of any particular day.
(g) A person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a license has been issued for said business under this chapter, and said person knows that or should know that:
(i) The business does not have a sexually oriented business license under this chapter for any applicable classification;
(ii) The business has a permit which is under suspension;
(iii) The business has a permit which has been revoked; or
(iv) The business has a permit which has expired.
(h) It is a defense to the prosecution under this chapter if a person appearing in a state of nudity did so in a modeling class operated:
(i) By a proprietary school, licensed by the state of California; a college, junior college, or university supported entirely or partly by taxation;
(ii) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
(iii) In a structure (A) which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; (B) where, in order to participate in a class a student must enroll at least three days in advance of the class; and (C) where no more than one nude model is on the premises at any one time.
(i) It is a defense to the prosecution for a violation of this chapter that an employee of a sexually oriented business, regardless of whether or not it is permitted under this chapter, exposed any specified anatomical area during the employee’s bona fide use of a rest room, or during the employee’s bona fide use of a dressing room which is accessible only to employees. (Ord. 769A § 1 (part), 1996)
22.45.180 Nonconforming uses.
(1) Any sexually oriented business lawfully operating on the effective date of the ordinance codified in this chapter in violation hereof shall be deemed a nonconforming use.
(a) Any sexually oriented business lawfully operating on the effective date of the ordinance codified in this chapter which becomes nonconforming due to the regulations contained in Chapter 22.45 shall cease operation, or otherwise be brought into full compliance with the development standards of this chapter, no later than one year from the effective date of the ordinance codified in this chapter.
(b) Possible extension of one additional year may be granted by the planning commission by showing extreme financial hardship which is defined as the recovery of the initial financial investment in the nonconforming use, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty days or more.
(c) An application for review of the termination schedule for a nonconforming sexually oriented business prescribed in this chapter may be approved by the planning commission. In considering an application for review of the termination schedules for a sexually oriented business, which is nonconforming due to either the locational or development standards, the planning commission shall also use the following criteria in making a determination:
(i) The owner’s financial investment in the business prior to the effective date of the ordinance codified in this chapter;
(ii) The present actual and depreciated value of the business improvements;
(iii) The applicable federal tax depreciation schedule for such improvements;
(iv) The remaining useful life of the business improvements;
(v) The extent to which the business fails to comply with all the applicable requirements of this chapter;
(vi) The extent, if any, to which the business has been brought into compliance with any of the applicable requirements of this chapter since the date of adoption of this chapter and with which such business previously failed to conform, including the cost incurred for any such improvements;
(vii) The remaining term of any lease or rental agreement under which the business is operating;
(viii) Whether the business can be brought into conformance with all applicable requirements of this chapter without requiring to be relocated, and the cost of complying with such requirements;
(ix) Whether the business must be discontinued at the present location or in order to comply with the requirements of this chapter and, if such relocation is required:
(A) The availability of relocation sites, and
(B) The cost of such relocation;
(x) The ability of the owner to change the business to a conforming use.
(2) Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.
(3) A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of a religious institution, school, public park, residential zone, or residential use within five hundred feet of the sexually oriented business. This provision does not apply when an application for a license is submitted after a license has expired or has been revoked.
(4) Any establishment subject to the provisions of this section shall apply for the license provided for by Sections 22.45.070 and 22.45.080 within thirty days from the date the establishment becomes nonconforming. Any establishment shall comply with the regulations pertaining to Section 22.45.040 within sixty days from the date the establishment becomes nonconforming. (Ord. 769A § 1 (part), 1996)
22.45.190 Immunity from prosecution.
The city and its designee, the police department and all other departments and agencies and all other city officers, agents and employees charged with enforcement of state and local laws and codes shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon a sexually oriented business while acting within the scope of authority conferred by this chapter. (Ord. 769A § 1 (part), 1996)
22.45.200 Public nuisance.
In addition to the penalties set forth at Section 22.45.170 of this chapter, any sexually oriented business which is operating in violation of this chapter or any provision thereof is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation. (Ord. 769A § 1 (part), 1996)
22.45.210 Conflicting ordinances.
If any city ordinance or regulation, or any part thereof, is found in conflict with the provisions of this chapter, the provisions of this chapter shall apply. (Ord. 769A § 1 (part), 1996)
22.45.220 Severability.
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. (Ord. 769A § 1 (part), 1996)