ORDINANCE NO.

          An ordinance renumbering Section 103.101.1, adding Sections 103.02.1, 103.06.1, 103.06.2, 103.31.1, 103.34.1, 103.34.2, 103.101.1, 103.102.1 and 103.102.2 and amending Sections 11.00, 103.01, 103.02, 103.06, 103.08, 103.09, 103.21, 103.29, 103.30, 103.31, 103.31.2, 103.34, 103.101, 103.101.2, 103.102 and 103.109 of the Los Angeles Municipal Code to revise and consolidate the provisions regarding police permits.

          WHEREAS, the provisions of the Los Angeles Municipal Code regulating the permitting process or procedures for permits issued by the Board of Police Commissioners are out of date and require comprehensive revision in order to comport with current administrative practices and legal requirements and the City of Los Angeles intends by these amendments to make its police permit requirements consistent with current administrative practices and constitutional and other legal requirements;

          WHEREAS, the provisions of Los Angeles Municipal Code Section 11.00, especially Subdivision (l), should explicitly grant the City of Los Angeles the widest possible authority to enforce all of the provisions of the Los Angeles Municipal Code and these amendments are intended to specifically authorize all remedies at law or in equity currently available, or which may become available in the future, under the United States and California Constitutions and the laws of the State of California to enforce, enjoin or abate any violation of the Los Angeles Municipal Code in any court of competent jurisdiction;

          WHEREAS, by enacting regulations for adult entertainment businesses, the City does not intend to deny adults access to adult oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult oriented entertainment to their intended market, the City recognizes that adult entertainment businesses because of their operational characteristics create significant secondary effects on the neighborhoods and communities in which they are located;

          WHEREAS, special regulation of adult entertainment businesses is necessary to insure that the recognized negative secondary effects, including but not limited to, accosting and harassment of law abiding residents as well as the proliferation of litter, particularly that of an adult nature associated with these businesses, will not have a deleterious impact on adjacent neighborhoods and communities;

          WHEREAS, it is the purpose and intent of these amendments to provide for the orderly regulation of adult entertainment businesses in the City of Los Angeles by establishing certain minimum standards for the conduct of this type of business to protect the public order and the health, safety, and general welfare of the residents of the City of Los Angeles by preventing prostitution, lewd acts, the spread of disease and the deterioration and blighting of neighborhoods, reducing crime in and around adult entertainment businesses, and preserving the quality of urban life in the City of Los Angeles; and

          WHEREAS, the City does not intend by these amendments to authorize, legalize or permit the establishment or operation of any business, building, or use which violates any ordinance of the City of Los Angeles or any state or federal statute;

          NOW THEREFORE, THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS:

          Section 1. Section 11.00 of Los Angeles Municipal Code is amended to read:

SEC. 11.00. PROVISIONS APPLICABLE TO CODE.

(a) Short Title. Reference to Code in Prosecutions. Designation in Ordinances. This Code, which consists of criminal or regulatory ordinances of this City, shall be known as the “Official Los Angeles Municipal Code,” and it shall be sufficient to refer to the Code as the “Los Angeles Municipal Code” in any prosecution for the violation of any of its provisions; it shall also be sufficient to designate any ordinance adding to, amending or repealing this Code or a portion of this Code as an addition or amendment to or a repeal of the “Los Angeles Municipal Code.”

(b) Existing Law Continued. The provisions of this Code, to the extent they are substantially the same as existing provisions relating to the same subject matter, shall be construed as restatements and continuations of the Code and not as new enactments.

(c) Construction. The provisions of this Code and all proceedings under it are to be construed with a view to effect its objectives and to promote justice.

(d) Effect of Code on Past Actions and Obligations Previously Accrued. Neither the adoption of this Code nor the repeal of any ordinance of this City shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date of the ordinance, nor be construed as a waiver of any license or penalty at the effective date due and unpaid under the ordinance, nor be construed as affecting any of the provisions of the ordinance relating to the collection of any license or penalty or the penal provisions applicable to any violation, nor to affect the validity of any bond or cash deposit in lieu of a bond, required to be posted, filed or deposited pursuant to any ordinance or its violation, and all rights and obligations associated with the ordinance shall continue in full force and effect.

(e) References to Specific Ordinances. The provisions of this Code shall not in any manner affect deposits or other matters of record which refer to, or are otherwise connected with ordinances that are specially designated by a number or otherwise and which are included within this Code, but those references shall be construed to apply to the corresponding provisions contained within this Code.

(f) Heading, Effect of. Division, chapter, article and section headings contained in this Code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any division, chapter, article or section.

(g) Reference to Acts or Omissions Within This City. This Code shall refer only to the omission or commission of acts within the territorial limits of the City of Los Angeles and that territory outside of this City over which the City has jurisdiction or control by virtue of the Constitution, Charter or any law, or by reason of ownership or control of property.

(h) Proof of Notice. Proof of giving any notice may be made by the certificate of any officer or employee of this City or by affidavit of any person over the age of 18 years, which shows service in conformity with this Code or other provisions of law applicable to the subject matter concerned.

(i) Notices, Service of. Whenever a notice is required to be given under this Code, unless different provisions in this Code are otherwise specifically made applicable, the notice may be given either by personal delivery to the person to be notified or by deposit in the United States Mail in a sealed envelope, postage prepaid, addressed to the person to be notified at his or her last known business or residence address as it appears in the public records or other records pertaining to the matter to which the notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the mail.

(j) Prohibited Acts; Include Causing, Permitting, Suffering. Whenever in this Code any act or omission is made unlawful it shall include causing, permitting, aiding, abetting, suffering or concealing the fact of the act or omission.

(k) Validity of Code. If any section, subsection, sentence, clause, phrase or portion of this Code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Code. The Council of this City hereby declares that it would have adopted this Code and each section, subsection, sentence, clause, phrase or portion of the Code, irrespective of the fact that any one portion or more sections, subsections clauses, phrases or portions are declared invalid or unconstitutional.

(l) In addition to any other remedy or penalty provided by this Code, any violation of any provision of this Code is declared to be a public nuisance and may be abated by the City as a nuisance by means of a restraining order, injunction or any other order or judgment in law or equity issued by a court of competent jurisdiction. The City may seek injunctive relief to enjoin violations of, or to compel compliance with, the provisions of this Code or seek any other relief or remedy available at law or equity.

Violations of this Code are deemed continuing violations and each day that a violation continues is deemed to be a new and separate offense and subject to a maximum civil penalty of $2,500 for each and every offense.

As part of any civil action, the court may require posting of a performance bond to ensure compliance with this Code, applicable state codes, court order or judgment.

(m) It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Code. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code, shall be guilty of a misdemeanor unless that violation or failure is declared in this Code to be an infraction. An infraction shall be tried and be punishable as provided in Section 19.6 of the Penal Code and the provisions of this section. Any violation of this Code that is designated as a misdemeanor, may be charged by the City Attorney as either a misdemeanor or an infraction.

Every violation of this Code is punishable as a misdemeanor unless provision is otherwise made, and shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the County Jail for a period of not more than six months, or by both a fine and imprisonment.

Every violation of this Code that is established as an infraction, or is charged as an infraction, is punishable by a fine as set forth in this Code section, or as otherwise provided in this Code, not to exceed $250.00 for each violation.

Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued or permitted by that person, and shall be punishable accordingly.

(n) Pursuant to Government Code Section 38773, the City may summarily abate any nuisance at the expense of the persons creating, causing, committing, or maintaining it and the expense of the abatement of the nuisance may be a lien against the property on which it is maintained and a personal obligation against the property owner.

(o) Pursuant to Government Code Section 38773.7, upon entry of a second or subsequent civil or criminal judgment within a two-year period that finds an owner of property responsible for a condition that may be abated in accordance with California Government Code Section 38773.5, a court may order the owner to pay treble the costs of the abatement. These costs shall not include conditions abated pursuant to California Health and Safety Code Section 17980.

          Sec. 2. Section 103.01 of the Los Angeles Municipal Code is amended to read:

SEC. 103.01. DEFINITIONS.

          Applicant means a person who files an application for a permit from the Board.

          Board means the Board of Police Commissioners or the Police Permit Review Panel if the Board delegates the authority to the Panel pursuant to Section 102.13.01 (d).

          Business means any occupation, trade, establishment or concern, regardless of form, which provides services, products or entertainment for which a permit is required under this article, whether or not a permit has been granted, sought, applied for, denied, revoked or suspended.

          Director of Finance means the Director of Finance for the City of Los Angeles, or his or her deputy.

          Employee means any and all persons, including operators, managers, entertainers, and independent contractors who work in or at or render any services directly related to the operation of the business, whether or not the person is paid compensation by the business. This definition does not apply to persons incidentally involved with the business, such as persons delivering goods, food and beverages, or performing maintenance or repairs to the business premises.

          Entertainer means any person who performs specified sexual activities or displays specified anatomical parts in a business.

          Hearing Examiner means any person appointed by the Board to conduct hearings provided by this article.

          Manager means any person appointed by an owner, operator or permittee of a business, who manages, directs, administers, or is in charge of the affairs and/or the conduct or operation of a business. This definition includes assistant managers.

          Owner means (1) a sole proprietor or person(s) who own or operate a business; (2) all general partners of a partnership that owns or operates a business; (3) all officers of a corporation and all persons who own a controlling interest in a corporation or other limited liability entity that operates a business.

          Patron means any individual, other than an employee, present in or at the business premises at any time during the hours of operation. This definition does not apply to persons incidentally involved with the business, such as persons delivering goods, food and beverages, or performing maintenance or repairs to the business premises.

          Permittee means any person having a valid permit issued by the Board as required by the Los Angeles Municipal Code.

          Premises means the building and real property occupied or used in the operation of the business, or the space in the building occupied by the business if the business does not utilize the entire building in the operation of the business.

          Sexually oriented material means any element of sexually oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video, compact disc, or other written, oral or visual representation, which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

          Sexually oriented merchandise means sexually oriented implements and paraphernalia, such as, but not limited to condoms, lap dance bags, benwa balls, dildos, auto sucks, sexually oriented vibrators, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices that are designed or marketed primarily for the stimulation of or use with the stimulation of human genital organs or for sadomasochistic activity.

          Specified anatomical parts means:

1. Less than completely and opaquely covered human genitals, pubic hair, buttocks, natal cleft, perineum, anus, anal region, pubic region, or female breast below a point immediately below the top of the areola; or

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

          Specified sexual activities means:

1. Actual or simulated: sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, masturbation, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual relationship; or any of the following depicted sexually oriented acts or conduct, whether actual or simulated: anilingus, buggery, coprophilia, coprophagy, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, sapphism, urophilia, zooerastia, zoophilia; or

2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

3. Use of human or animal ejaculation; or

4. Fondling or touching of nude human genitals, pubic region, buttocks, natal cleft, anal region, anus, or female breast; or

5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

6. Erotic or lewd touching, fondling, or other sexually oriented contact with an animal by a human being; or

7. The presence of any person who performs a striptease, or appears in attire where specified anatomical parts are either not opaquely covered or minimally covered with bikinis, lingerie, or devices commonly referred to as pasties and G-strings, or any other similar opaque covering.

          Sec. 3. Section 103.02 of the Los Angeles Municipal Code is amended to read:

SEC. 103.02. PERMIT REQUIRED.

          No person may operate, engage in, conduct or carry on any business without first obtaining a permit issued by the Board of Police Commissioners.

          Sec. 4. A new Section 103.02.1 is added to the Los Angeles Municipal Code to read:

SEC. 103.02.1. PERMIT APPLICATIONS.

(a) Written Application Requirements. The owner of a business shall file an application for a permit with the Office of Finance. The application shall be in writing on forms provided, and shall be accompanied by the fee set forth in Section 103.12. The applicant shall provide all the information and documents requested on the application form. Applications shall be signed under penalty of perjury by the applicant.

(b) Changes to Applicant Information. Any change to the applicant information that occurs while the application is pending shall be reported in writing within seven calendar days to the Board.

(c) Application Information to be Maintained Confidential. All information compiled pursuant to this section shall be held and maintained by the City as confidential, with the exception of the name of the applicant(s), business name, business address, and any other information that appears on the face of the permit.

(d) Duty to Submit Complete Application; Determination of Completeness. Upon submission of an application for a permit to be issued by the Board, the Office of Finance shall accept the application and indicate on the application the date and time the application was filed. If the Board determines that the application is not complete, it will return the application to the applicant within ten business days of the date it was filed with the Office of Finance, without any further action by the Board. The returned application shall be accompanied by a written statement specifying all the reasons for its return. The applicant shall have 30 calendar days to submit additional information to render the application complete. Failure to do so within the 30 day period shall cause the application to be denied. If an amended application or supplemental information is submitted within the 30 day period, the Board shall again determine whether the application is complete in accordance with the procedures above.

          Sec. 5. Section 103.06 of the Los Angeles Municipal Code is amended to read:

SEC. 103.06. PERMITS - DURATION.

          A permit issued by the Board shall be valid for a period of one year from the date of issuance.

          Sec. 6. A new Section 103.06.1 is added to the Los Angeles Municipal Code to read:

SEC. 103.06.1. PERMITS - RENEWAL.

          A request for an annual permit renewal must be accompanied by a completed renewal form.

          Any change or alteration in the nature or operation of the business will require the renewal to be reviewed by the Board. Any changed circumstance, which would have been grounds for denial of the application, suspension or revocation of the permit, is grounds for denying the permittee a renewed permit. Denial of a renewal permit under this section shall proceed in accordance with the procedures set out in Sections 103.32 and 103.33.

          Sec. 7. A new Section 103.06.2 is added to the Los Angeles Municipal Code to read:

SEC. 103.06.2. TEMPORARY PERMITS.

          The Board may issue a temporary permit upon the acceptance of a complete application pursuant to Section 103.02.1 (d) pending its action on an application. A temporary permit shall expire upon the Board’s action on the application or the withdrawal of the application by the applicant.

          The Board may also issue a temporary permit if the permittee, pursuant to California Code of Civil Procedure Section 1094.8, seeks prompt judicial review of any Board decision to suspend, revoke or deny an annual renewal of a permit if the decision was based on a violation of Subdivision 3 of Section 103.34.1. Within ten business days after the Board mails its final decision, the permittee may file a written application to the Board for a temporary permit pending judicial review. Within seven business days of acceptance of the application, the Board shall render its decision. If required to do so by law, the Board shall grant the temporary permit. This temporary permit shall expire when a court of competent jurisdiction renders a final decision in the litigation. In addition to any other grounds to suspend or revoke a temporary permit, the Board may revoke a temporary permit if the permittee fails to diligently pursue the judicial action.

          In the event the Board denies an application for a temporary permit pending judicial review or the permittee rejects the board’s proposed conditions, the original permit shall expire no sooner than 38 days from the mailing of the Board’s action.

          In issuing any temporary permit, the Board may impose conditions upon the permit as the Board finds necessary to assure the preservation of the public health and safety.

          Sec. 8. Section 103.08 of the Los Angeles Municipal Code is amended to read:

SEC. 103.08. PERMITS NON-TRANSFERABLE.

          A permit issued by the Board may not be sold, transferred, or assigned by any permittee or by operation of law, to any other person, group, partnership, corporation, or any other entity. Any sale, transfer, or assignment or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of the permit and the permit shall thereafter be null and void. A permit held by a corporation or partnership or other business entity is subject to the same rules of transferability as stated above. A new permit shall be required for a transfer of stock that causes a change in the controlling interest in a corporate permittee, and for a change in the majority ownership of a partnership or other legal entity, whether by sale, exchange or other means.

          Sec. 9. Section 103.09 of the Los Angeles Municipal Code is amended to read:

SEC. 103.09. PERMIT FOR EACH LOCATION.

          A permit issued by the Board is valid only for the address or location specified on the permit.

          Sec. 10. Section 103.21 of the Los Angeles Municipal Code is amended to read:

SEC. 103.21. CHANGE IN OWNER INFORMATION.

          Whenever any change in owner information occurs, the owner shall file a verified report with the Board within 30 days after the change occurs. Matters that shall be reported include, but are not limited to, name changes, change of business address, criminal convictions, the association of one or more new partners, associates, members, directors, or officers, or a substantial change of stock ownership, unless the change requires a new permit pursuant to Section 103.08.

          Sec. 11. Section 103.29 of the Los Angeles Municipal Code is amended to read:

SEC. 103.29. BOARD ACTION ON APPLICATION.

(a) Permit Issued. If the Board finds that all the requirements of this article have been met, it shall issue the permit:

(1) within 45 calendar days of receipt of a complete application for permits issued pursuant to Sections 103.101.1, 103.102, and 103.109;

(2) within 90 calendar days of receipt of a complete application for all other permits;

(3) if a hearing is requested, the time period in which the Board shall act is extended for a period of 15 calendar days.

(b) Permit Denied. The Board shall deny the application upon the grounds stated in Section 103.31.

(c) Time Extension. The time periods set forth above may be extended if mutually agreed upon by the Board and the applicant.

          Sec. 12. Section 103.30 of the Los Angeles Municipal Code is amended to read:

SEC. 103.30. EFFECT OF GRANTING PERMIT.

          The granting of a permit by the Board is not to be considered as approving or condoning any act, conduct or condition of the applicant/permittee committed or existing prior to the grant of the permit.

          The granting of a permit by the Board does not:

(a) Relieve the applicant/permittee from obtaining all appropriate permits or approvals required by the City of Los Angeles, or state or federal law;

(b) Relieve an applicant/permittee from compliance with all applicable local, state, and federal laws, including those related to building, zoning, fire, and other public safety regulations; or

(c) Vest any development rights in the property or business.

          Sec. 13. Section 103.31 of the Los Angeles Municipal Code is amended to read:

SEC. 103.31. DENIAL OF APPLICATION.

          If the Board determines that the application does not satisfy the requirements of this article, it shall deny the application. The Board may also deny a permit on any of the following grounds:

(a) Grounds for Denial of Application Issued Subject to this Article. (Except Sections 103.101.1, 103.102, or 103.109.)

1. The applicant made a false or misleading statement of a material fact or omission of a material fact in the application;

2. The applicant is under eighteen years of age;

3. The applicant has committed or aided or abetted in the commission of any act or omission, which, if committed by a permittee, would be a ground for suspension, revocation, or other disciplinary action under this article;

4. The applicant has had a similar type of permit previously denied, suspended or revoked within five years immediately preceding the date of the filing of the application, and the applicant can show no material change in circumstances since the denial, suspension or revocation;

5. The business for which the permit is sought is prohibited by any local or state law, statute, rule or regulation, or prohibited in the particular location by the provisions of Chapter I of this Code;

6. The business for which the permit is sought has been or is a public nuisance;

7. The applicant has within five years immediately preceding the date of the filing of the application been convicted of a felony crime in any jurisdiction involving theft, fraud, violence, sale of a controlled substance as specified in Sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety code, or any moral turpitude offense;

8. The applicant has within three years immediately preceding the date of the filing of the application been convicted of any offense listed in Section 103.31(a)(5) that has been made the subject of Section 17(b) of the California Penal Code; or

9. The applicant has within five years immediately preceding the date of the filing of the application been convicted of any offense involving deceptive trade practices or other illegal business practices reasonably and narrowly related to the nature of conduct of the business for which the application is made.

(b) Grounds for Denial of Application Issued Subject to Sections 103.101.1, 103.102, or 103.109. In addition to the grounds set forth in 103.31(a) (1) - (6), above, an application under this article may be denied for the following reasons:

1. The applicant has within five years immediately preceding the date of the filing of the application been convicted of any misdemeanor or felony classified by the state as a sex-related offense, or of any offense described in California Penal Code Sections 266h, 266i, 315, 318, 653.22, or 647(a) or (b);

2. The applicant has within five years immediately preceding the date of the filing of the application been convicted of any offense described in California Penal Code, Part One, Title 9, Chapters 7.5 and 7.6;

3. The applicant has within five years immediately preceding the date of the filing of the application been convicted of a charge of violating any lesser included or lessor related offense, including California Penal Code Section 415, in satisfaction of, or as a substitute for, an original charge of any of the offenses listed in this section;

4. The applicant has been convicted of any offense that requires registration as a sex offender under California Penal Code Section 290.

          Sec. 14. A new Section 103.31.1 is added to the Los Angeles Municipal Code to read:

SEC. 103.31.1. FINAL DECISIONS.

          If the Board denies an application pursuant to this article, then the Board action is final upon mailing of a copy of the Board action to the applicant. If the Board acts to deny an annual permit renewal application or to revoke or suspend a permit pursuant to this article the Board action is final ten days after mailing of a copy of the Board action to the owner.

          Sec. 15. Section 103.31.2 of the Los Angeles Municipal Code is amended to read:

SEC. 103.31.2. EFFECTIVE DATE OF NOTICES.

          All notices required by this article shall be deemed given upon the date they are either deposited in the United States mail or the date upon which personal service of the notice is provided.

          Sec. 16. Section 103.34 of the Los Angeles Municipal Code is amended to read:

SEC. 103.34. SUSPENSION OR REVOCATION OF PERMITS ISSUED UNDER THIS ARTICLE, EXCEPT PERMITS SUBJECT TO SECTIONS 103.101.1, 103.102 AND 103.109.

The Board may, upon its own motion or upon the verified complaint in writing of any person, investigate the actions of any permittee and may temporarily suspend for a period not exceeding one year or revoke the permit of any permittee who commits any one or more of the acts or omissions constituting grounds for disciplinary action under this article. The procedure for suspension or revocation shall comply with the provisions of Article 2, Chapter 10.

          Sec. 17. A new Section 103.34.1 is added to the Los Angeles Municipal Code to read:

SEC. 103.34.1. SUSPENSION OR REVOCATION OF PERMITS ISSUED PURSUANT TO SECTIONS 103.101.1, 103.102 AND 103.109.

          The Board shall, upon its own motion or upon the verified complaint in writing of any person, suspend or revoke an existing permit issued pursuant to Sections 103.101.1, 103.102, or 103.109, or impose conditions upon the retention of the permit as the Board shall find to be necessary to assure the preservation of the public health and safety, if the evidence presented establishes that:

1. The business has been operated in violation of any of the applicable requirements of this article;

2. Any of the applicable requirements for issuance of a permit ceases to be satisfied;

3. The permittee, his or her employee, agent, partner, director, officer, stockholder, or manager has been convicted by final judgment in a court of competent jurisdiction, which judgment has resulted from any trial or plea, including a plea of nolo contendere, of any of the following offenses occurring upon, or relating to the business premises:

(a) The presentation, exhibition or performance of an obscene production or play;

(b) The distribution of obscene material or material harmful to minors;

(c) Sexual abuse, rape, and any offense classified by the State as an offense involving sexual crimes against children;

(d) Prostitution or pandering;

(e) Penal Code Sections 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316, or 647, or the violation of any crime requiring registration under California Penal Code Section 290, or violation of any successor sections;

(f) A court has declared the business to be a public nuisance.

4. The permittee, his or her employee, agent, partner, director, officer, stockholder, or manager has knowingly allowed or permitted any act of sexual intercourse, sodomy, oral copulation or masturbation to be committed in or on the business premises, or has knowingly allowed or permitted prostitution, or solicitation of prostitution on the premises; or

5. The permittee, his or her employee, agent, partner, director, officer, stockholder, or manager has knowingly made any false, misleading, or fraudulent statements of material fact in the application for permit, or in any report or record required to be filed with the Board, or has violated any rule or regulation duly adopted by the Board relating to the business.

          Sec. 18. A new Section 103.34.2 is added to the Los Angeles Municipal Code to read:

SEC. 103.34.2. JUDICIAL REVIEW OF BOARD ACTION TO SUSPEND, REVOKE OR DENY AN ANNUAL RENEWAL OF A PERMIT SUBJECT TO SECTIONS 103.101.1, 103.102 AND 103.109.

          The following applies only to businesses subject to Sections 103.101.1, 103.102 or 103.109:

          A permittee may, pursuant to California Code of Civil Procedure Section 1094.8, seek prompt judicial review of any Board decision to suspend, revoke or deny an annual renewal of a permit if the decision was based on a violation of Subdivisions 1, 2, 4 or 5 of Section 103.34.1. If the permittee seeks this judicial review, the effect of the Board action is not final for a period of 75 days from the Board action, or until the time for seeking judicial review has expired.

          Sec. 19. Section 103.101 of the Los Angeles Municipal Code is amended to read:

SEC. 103.101. PICTURE ARCADE.

          Picture Arcade. As used in this article, “picture arcade” shall mean any place, business or establishment that is open to the public, other than a hotel or motel, and that contains one or more coin or slug-operated, or electrically, electronically or mechanically controlled still or motion picture machines, projectors, videotape machines, compact disc or DVD players, or other image producing devices any one of which is maintained to display images, or still or motion pictures to five or fewer persons per machine at any one time.

          Adult Picture Arcade. As used in this article, “adult picture arcade” shall mean a picture arcade that displays images, or still or motion pictures, which are distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”

          Sec. 20. Section 103.101.1 is renumbered Section 103.101.3

          Sec. 21. A new Section 103.101.1 of the Los Angeles Municipal Code is added to read:

SEC. 103.101.1. PICTURE ARCADE REGULATIONS.

(a) Permit Required. No person shall operate, maintain, manage or conduct a picture arcade or an adult picture arcade without a written permit from the Board.

No permit shall be required under this section if the person engaged in the operation of the arcade has a valid carnival permit issued under the provisions of Division 7 of Chapter 10 of this Code in which a picture arcade is permitted.

(b) Picture Arcade Requirements. Picture arcades shall conform to the following requirements:

(1) Booths, stalls, rooms, or partitioned portions of a room shall have at least one side open to an adjacent public area or aisle so that the area inside the booth, stall, room or partitioned portion of a room is visible to persons in the adjacent public area or aisle. The side open to the public area or aisle shall not have a door, curtain or other device capable of blocking visibility into the interior of the booth, stall, room or partitioned portion of a room.

(2) The public area or aisle adjacent to any booth, stall, room or partitioned portion of a room shall be illuminated to a level of at least ten footcandles and the booths, stalls, rooms or partitioned portions of a room shall be illuminated to a level of at least five footcandles.

(3) The business shall comply with all signage, parking, landscaping, and design standards established by the City.

(4) The business shall remove all graffiti, as soon as it appears, but not later than 48 hours after it appears, from the premises and property controlled by the business.

(5) The business shall, on a daily basis, ensure that all trash, debris and litter from the premises and property controlled by the business, as well as from all common and public areas immediately adjacent to the business, is placed inside appropriate refuse containers.

(6) The business shall be carried on in a building, structure and location that complies with the requirements and meets the standards of the health, fire and safety laws of the State of California and ordinances of the City of Los Angeles.

(7) The business shall be carried on at a location that complies with the zoning standards established by the City.

(8) A manager shall be on duty at all times during hours of operation, or when patrons are present on the premises.

(9) No wall or partition of a booth, stall, room or partitioned portion of a room shall have a hole or similar opening or aperture.

(c) Adult Picture Arcade Requirements. Adult picture arcades shall conform to the following requirements:

(1) The requirements in Subdivision (a).

(2) The business shall not display any sexually-oriented material or sexually-oriented merchandise so as to be visible from any location outside the business.

(3) No individual viewing area may be occupied by more than one person at any time. A sign containing the following language, in type at least two inches in height, shall be posted on the exterior of each booth, stall, room or partitioned portion of a room in a place where the sign is clearly visible and readable to any person entering the booth, stall, room or partitioned portion of a room:

“It is unlawful for more than one person to occupy this viewing area. There is no expectation of privacy in this viewing area and this area is frequently monitored by management and the police.”

(4) If the business provides restroom facilities, separate facilities must be maintained for males and females. Restrooms shall be free from all sexually-oriented materials and sexually-oriented merchandise.

(5) No portion of the interior of the premises shall be visible from outside the premises during the hours of operation.

(6) No one under 18 years of age shall be allowed on the premises during hours of operation.

(7) At least one state licensed and bonded uniformed security guard shall be employed exclusively to provide security for the business during business hours.

          Sec. 22. Section 103.101.2 of the Los Angeles Municipal Code is amended to read:

SEC. 103.101.2. COMPLIANCE BY EXISTING PERMITTEES.

          All picture arcade permittees must comply with the provisions of Section 103.101.1 upon its effective date, except that permittees must comply with Subsection (c) (3) within 30 days of the effective date of that section and Subsection (c) (4) within 180 days from the effective date of that section.

          Sec. 23. Section 103.102 of the Los Angeles Municipal Code is amended to read:

SEC. 103.102. CAFE ENTERTAINMENT AND SHOWS.

(a) Cafe Entertainment and Shows Defined. As used in this article, the terms “cafe entertainment and shows” mean every form of live entertainment, music, band or orchestra, act, play, burlesque, revue, pantomime, scene, song or dance act, participated in by one or more persons.

These terms shall also include the exhibiting or showing of still or motion pictures at a public place incidental to the primary business of selling or offering for sale food or beverages or where food or beverages are given away.

(b) Cafe Entertainment and Shows Business Defined. Cafe entertainment and shows business means the management or control of any premises:

1. To which the public is admitted on a regular basis for the primary purpose of viewing cafe entertainment and shows;

2. Not used primarily for cafe entertainment and shows, but which premises are available on a regular basis, for the purpose of viewing cafe entertainment and shows;

3. Not used primarily for cafe entertainment and shows, but which premises are available, for the purpose of viewing cafe entertainment and shows, provided however, the premises has an occupancy of 2500 or more.

(c) Permit Required. No person shall engage in the cafe entertainment and shows business without a written permit from the Board.

No permit shall be required if the operation of the show is already permitted under an existing carnival permit.

The provisions of this section are not applicable when a band, orchestra or instrumental group with or without a vocalist performs at a dance, cafe or public place for the purpose of providing music for dancing and the person or persons conducting, presenting or managing the dance has a current dance hall, dancing club or public dance permit.

          Sec. 24. A new Section 103.102.1 is added to the Los Angeles Municipal Code to read:

SEC. 103.102.1. ADDITIONAL REGULATIONS.

          Any business providing live entertainment in which an entertainer is present shall conform to all the applicable requirements previously set forth in this article and shall also conform to the following additional requirements, whether or not a permit is required under Section 103.102:

(a) No person under the age of 18 years shall be permitted within the premises at any time during the hours of operation, or under the age of 21 years if the business serves alcohol.

(b) The business shall provide separate dressing room facilities for entertainers that are exclusively dedicated to the entertainers’ use.

(c) No portion of the interior of the premises shall be visible from outside the premises during the hours of operation.

(d) The premises shall be equipped with lighting fixtures of sufficient intensity to illuminate all interior areas of the premises accessible to patrons with an illumination of not less than 1.5 footcandles evenly distributed as measured at floor level, except during performances, at which times lighting shall be at least 1.0 footcandles.

(e) Except for restrooms, the premises must be configured so that there is an unobstructed view of all interior areas to which any patron is permitted access. There shall be no private entertainment booths, rooms or cubicles. All adult entertainment must be visible from at least one of the common areas of the premises. Visibility shall not be blocked or obscured by doors, curtains, drapes, partitions or room dividers of any kind. Partitions of any kind, including drapes made of opaque or other material, are not permitted.

(f) The business shall provide separate restroom facilities for males and females.

(g) No operator, entertainer, employee, agent, or manager of the business shall knowingly permit any patron to intentionally caress, or fondle the clothed or unclothed breasts or genitals of any operator, entertainer, employee, agent, or manager of the business, or knowingly permit any operator, entertainer, employee or agent to intentionally caress or fondle the unclothed breasts or genitals of any patron.

(h) The business shall comply with all signage, parking, landscaping, and design standards established by the City.

(i) The business shall remove all graffiti as soon as it appears, but not later than 48 hours after it appears, from the premises and property controlled by the business.

(j) The business shall, on a daily basis, ensure that all trash, debris and litter from the premises and property controlled by the business, as well as from all common and public areas immediately adjacent to the business, is placed inside appropriate refuse containers. 

(k) The business shall be carried on in a building, structure and location that complies with the requirements and meets the standards of the health, fire and safety laws of the State of California and ordinances of the City of Los Angeles.

(l) The business shall be carried on at a location that complies with the zoning standards established by the City.

(m) The business shall require its employees to maintain identification that includes a photograph of the employee in the form of a valid driver’s license, State identification, or other government issued identification on the premises while working at the business.

(n) If the business serves alcohol, it shall comply with all conditions imposed by the Department of Alcoholic Beverage Control.

(o) A manager shall be on duty at all times during hours of operation, or when patrons are present on the premises. The manager on duty shall not be an entertainer.

(p) No permittee shall knowingly allow or permit any act of sexual intercourse, sodomy, oral copulation, or masturbation to be committed on the premises, or knowingly permit or allow the premises to be used as a place in which solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur.

(q) At least one state licensed and bonded uniformed security guard shall be employed exclusively to provide security for the business during business hours.

(r) There shall be no beds on the premises accessible to patrons at any time.

(s) The business shall submit with its application a floor plan, drawn to scale, showing all interior dimensions of the premises. Any change to the floor plan requires the business to submit to the Board a revised floor plan within seven calendar days of any alteration, modification or change.

          Sec. 25. A new Section 103.102.2 is added to the Los Angeles Municipal Code to read:

SEC. 103.102.2. COMPLIANCE BY EXISTING PERMITTEES AND EFFECT OF NONCOMPLIANCE.

(a) All cafe entertainment and shows permittees must comply with the provisions of Section 103.102.1 upon its effective date, except that these permittees shall comply with Subsections (b), (c), (e) and (f) no later than 180 days from the effective date of that section.

(b) Violations of the regulations set forth in Section 102.102.1 shall not be prosecuted as misdemeanors, but shall be subject to administrative sanctions and civil remedies as provided by this Code, or at law or in equity, or any combination of these. 

          Sec. 26. Section 103.109 of the Los Angeles Municipal Code is amended to read:

SEC. 103.109. MOTION PICTURE SHOWS.

(a) Motion Picture Shows Defined. As used in this article, “motion picture shows” means the exhibiting or presenting of motion pictures to the public in any theater, show house or other place of entertainment.

(b) Permit Required. No person shall engage in the business of exhibiting or presenting motion picture shows without a written permit from the Board.

(96193)

          Sec. 27. The City Clerk shall certify to the passage of this ordinance and have it published in accordance with Council policy, either in a daily newspaper circulated in the City of Los Angeles or by posting for ten days in three public places in the City of Los Angeles: one copy on the bulletin board located in the Main Street lobby to the City Hall; one copy on the bulletin board located at the ground level at the Los Angeles Street entrance to the Los Angeles Police Department; and one copy on the bulletin board located at the Temple Street entrance to the Los Angeles County Hall of Records.

          I hereby certify that this ordinance was passed by the Council of the City of Los Angeles, at its meeting of .

                                                                J. MICHAEL CAREY, City Clerk

                                                                By Deputy Approved

                                                                                                                        Mayor

Approved as to Form and Legality

ROCKARD J. DELGADILLO, City Attorney

By

               MICHAEL L. KLEKNER

                 Deputy City Attorney

Date

File No. C.F. 99-0185