Item 08a - Business License Code Update — Arcadia City Council, January 20, 2026 (part 2 of 2)

DIVISION 2. - LICENSE OFFICER'S DUTIES
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(Division 2 amended in its entirety by Ord. 2191 adopted 7-20-04) Editor's note— Ord. No. 2263, § 69, adopted Dec. 1, 2009, amended Art. VI, Ch. 6, Part 1, Div. 2 (Title). Prior to amendment, Art. VI, Ch. 6, Part 1, Div. 2 (Title) pertained to City Manager's Duties.
6612. - DUTIES.

It shall be the duty of the License Officer or designee to investigate each application for a permit as hereinafter provided by the provisions of this Chapter. He or she shall maintain each application on file, together with his or her decision thereon, all of which shall be subject to public inspection at any reasonable time.
(Amended by Ord. 2263 adopted 12-1-09)
6612.1. - POWERS.

The License Officer or designee shall have the power to issue and deny permits as hereinafter provided; to summon witnesses; to demand production of documents and things; to take testimony and to direct investigations as hereinafter provided; and to do and to perform all other acts that may be necessary or proper within the scope of his or her duties and functions. (Amended by Ord. 2263 adopted 12-1-09)
DIVISION 3. - REGULATION OF SOLICITING AND PEDDLING
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(Division 3 amended in its entirety by Ord. 2191 adopted 7-20-04) 6613. - PERMIT—REQUIRED.

No person shall exercise, practice or engage in any activity as described in Sections 6611.1 or 6611.2 unless such person obtains a permit as provided in this chapter and pays the application and permit fees required by this chapter. 6613.1. - PERMIT—APPLICATION—CONTENTS.

Each and every person desiring to practice, exercise or engage in any of the activities described in Sections 6611.1 or 6611.2 shall personally appear before the License Officer or designee and file with him or her a written, signed and acknowledged application, showing:

The true and fictitious names, aliases and residences of the applicant if an individual; the true and fictitious names, aliases and residences of all members of the applicant if applicant is a firm, association or partnership; the true and fictitious names, aliases and residences of the principal officers of the applicant if the applicant is a corporation; The length of service of the applicant with such firm, association, partnership, corporation or organization; The place of birth, birth date and social security number of each and every person enumerated in subsection A of this section; The city, county and state where the persons, enumerated in subsection A of this section, practiced or conducted any of the activities described in Sections 6611.1 and 6611.2, or any business or practice kindred thereto within twelve (12) months previous to the date of said application and the name under which the same was conducted; The length of residence of the persons enumerated in subsection A of this section within the City, if applicable; A statement of the nature and character of applicant's proposed practice or activity; The nature and character of the goods, wares, merchandise or services to be offered by the applicant; Whether the persons enumerated in subsection A of this section have ever been convicted of a felony involving murder, manslaughter, fraud, burglary or any sex crime as defined by California Penal Code 11105.2; if so, applicant shall state the nature of each offense, date of conviction, the sentence received therefore and the court in which each conviction and sentence was entered; Such other reasonable information as to the identity and background of the persons enumerated in subsection A of this section as the chief of police may require, including, but not limited to, a photograph or photographs of said persons. (Amended by Ord. 2263 adopted 12-1-09)
6613.2. - PERMIT—APPLICATION—FEE.

The fee that may be established by resolution of the City Council shall be paid simultaneously with the filing of each application for a permit required under this chapter, for the purpose of defraying the expenses incidental to processing said application, including the expenses of investigating applicant's character and background.
6613.3. - FORM OF PERMIT.

Permits issued under this chapter shall bear the name and address of the person to whom it is issued, the number of the certificate, the date issued, the certificate's expiration date and the License Officer's or designee's signature. (Amended by Ord. 2263 adopted 12-1-09)
6613.4. - TIME OF ISSUANCE.

The License Officer or designee shall either grant or deny the requested certificate within ten (10) days of the date the application is made. If the License Officer or designee fails to act within the time prescribed, the permit shall be deemed granted. (Amended by Ord. 2263 adopted 12-1-09)
6613.5. - PERMIT—GRANTING—DENIAL.

After the receipt of a properly completed and filed application, if the application is accepted, the License Officer or designee shall issue a permit, numbered and in due form, allowing the applicant to practice the activities, proposed in said application upon payment of the prescribed permit fee, unless the applicant has been convicted of one of the crimes enumerated in Section 6613.1(H).

The application may be rejected if the activities sought to be permitted do not comply in every way with the rules, regulations and laws applicable thereto, or if the License Officer or designee determines, after investigation, that the applicant's character or background is unsatisfactory. If the application is rejected, the License Officer or designee will notify the applicant in writing, giving the reason for the same and shall refund all the fees submitted with the application, save and except for costs incurred by the City in investigating the same. (Amended by Ord. 2263 adopted 12-1-09)
6613.6. - PERMIT—TRANSFER.

No permit issued pursuant to this chapter shall be transferable to any person. 6613.7. - TERM OF PERMIT.

Certificates issued hereunder shall be valid for a period of one hundred eighty (180) days unless revoked pursuant to the provisions of this chapter. A new application must be made for each certificate.
6613.8. - PERMIT—CANCELLATION.

Upon the discovery of any false or misleading statements in the application or any misrepresentation by the applicant in procuring said permit, the License Officer may, upon five (5) days' notice to said applicant, cancel and annul said permit; whereupon the applicant shall be subject to the penalties prescribed in this code from and after the date of the cancellation as though the permit had never been granted. (Amended by Ord. 2263 adopted 12-1-09)
6613.9. - PERMIT—REVOCATION, SUSPENSION.

Any permittee who commits any of the crimes specified in Section 6613.1(H) is liable to have his or its permit suspended or revoked by the License Officer. The License Officer shall also have the right to suspend or revoke such permit whenever it is shown to the satisfaction of the License Officer that the activities so licensed are being conducted in a manner that is detrimental to the public health, morals, peace, welfare or safety of the community. Any suspension or revocation shall cause to be served upon the permittee a written notice specifying the grounds for said suspension or revocation and informing the permittee of the hearing procedures before the Business License Review Board at which time the permittee shall have the opportunity to be heard and to make his or her defense against any complaints and allegations made as to his or her activities pursuant to this Chapter. Such written notice shall be served in accordance with the provisions of Code of Civil Procedure Section 1094.6.

When a permit has been revoked, no other permit shall be issued under the provisions of this Chapter to the same permittee within one (1) calendar year of the date of revocation or for such other specified, certain, reasonable time determined by the Board, Administrative Law Judge, or City Council.
(Amended by Ord. 2263 adopted 12-1-09)
6613.10. - COMPLIANCE REQUIRED.

No person shall commence, engage in, carry on, exercise, practice or advertise that he will engage in, carry on, exercise or practice any activity as described in Sections 6611.1 or 6611.2 without first having procured a permit as required by the permit provision of this Chapter, or without complying with any and all regulations of such activity contained in this or any other provisions of this Code, or any City Ordinance. Engaging in or practicing any activity described in Sections 6611.1 or 6611.2 without first having procured such a permit when required to do so, or without complying with any and all regulations of such activity contained in this Chapter, this Code, or the City's Ordinances, constitutes a nuisance and a separate violation of this Chapter for each and every day that such activity is so advertised, engaged in or carried on. 6613.11. - APPEALS TO CITY COUNCIL.

Any applicant for a permit may appeal the Business License Review Board's decision to the City Council, per the procedures described in Sections 6216.8 and 6216.9.
(Amended by Ord. 2263 adopted 12-1-09)
6613.12. - PERMIT—EXEMPTIONS.

The provisions of Sections 6613 through 6613.10 shall not apply to any person having an established route in the City, to solicitation at wholesale on business premises within the City, or to charitable or religious solicitations that are conducted solely by members of said charity or religion, at regular assemblies, meetings, services or otherwise.
6613.13. - PEDDLER AND SOLICITOR—PERMIT AND BADGE TO BE CARRIED ON PERSON.

Each applicant for a permit must at all times keep on his person the permit issued by the License Officer or designee. No person shall fail to wear a badge (as described herein) on his/her chest over the heart that indicates the number of the solicitation permit, its expiration date and the name of the permit holder; all badges to be white with black lettering that is legible at a distance of five feet (5') and to contain a photograph of the individual wearing each badge that has been taken within the previous six (6) months of the date of solicitation. (Amended by Ord. 2263 adopted 12-1-09)
6613.14. - PROHIBITED ACTS WHILE SOLICITING, PEDDLING OR CANVASSING.

For the purposes of this Section, the performance of one solicitation of any person by one individual contrary to any subsection of this section shall constitute a separate violation.

No person shall represent in any manner that the City, its departments or officers have endorsed the permit holder or the products, services or causes on behalf of which individuals are being solicited, peddled or canvassed.

No person shall affix any object to, or place any object on, the body of any person to whom any solicitation, peddling or canvassing is directed without that person's express consent.

No person shall touch, brush up against, or otherwise voluntarily come into physical contact with any person without that person's express consent.

No person shall willfully obstruct the movement of any person on any street, sidewalk or other public place.

No person shall solicit, peddle or canvass any person that has objected, by words or conduct, to such soliciting, canvassing or peddling.

No person shall represent in any manner that the soliciting or peddling is conducted for anyone other than the permit holder.

No person shall refuse to identify the permit holder on whose behalf the soliciting or peddling is being conducted when requested to do so by any person contacted by the solicitor or peddler, or fail to truthfully state the uses any solicited items will be put to, when requested to do so by any person being solicited.

No person shall threaten any injury or damage to any person who declines to be subject to any soliciting, peddling or canvassing or who declines to make a purchase, donation or contribution.

No person shall accept food stamps as a contribution.

No person shall misrepresent one's physical or mental health while soliciting, peddling, or canvassing. 6613.15. - SIGN POSTING.

No peddler shall ring the bell of, knock on the door of or attempt to gain admittance to any residence, dwelling or apartment whereon a sign bearing the words "No Peddlers" is painted, affixed or exposed to public view.

No solicitor shall ring the bell of, knock on the door of or attempt to gain admittance to any residence, dwelling, flat or apartment whereon a sign bearing the words "No Solicitors" is painted, affixed or exposed to public view.

No canvasser shall ring the bell of, knock on the door of or attempt to gain admittance to any residence, dwelling, flat or apartment whereon a sign bearing the words "No Canvassers" is painted, affixed or exposed to public view.

No peddler or solicitor shall ring the bell of, knock on the door of, or attempt to gain admittance to any residence, dwelling, flat or apartment whereon a sign bearing, the words "No Peddlers or Solicitors" or words of similar import indicating that peddlers or solicitors are not wanted on said premises is painted, affixed or exposed to public view.

This section shall not apply to any peddler, solicitor or canvasser who rings the bell of or knocks on the door of any residence, dwelling, flat or apartment at the invitation of or with the consent of some adult member of the household of any such residence, dwelling, flat or apartment. 6613.16. - HOURS.

No person shall practice or engage in peddling, soliciting or canvassing, as described in Sections 6611.1, 6611.2 and 6611.3, whether for profit or for a non-profit purpose, by traveling from place to place, or from street to street, between the hours of dusk and eight (8) a.m. of any day. 6613.17. - DISTRIBUTION OF HANDBILLS—EXCLUDED.

Nothing in this Chapter shall prohibit persons from distributing handbills door-to-door within the City without a permit. Distribution of handbills is subject to the requirements of Section 6421, Division 1, Chapter 4, Part 2, Article VI, of the Arcadia Municipal Code. 6613.18. - CHARITABLE, RELIGIOUS AND POLITICAL CANVASSING EXCLUDED.

Nothing in this chapter shall prohibit persons from canvassing door-to-door within the City without a permit, subject to the regulations set forth in this Chapter. Additionally, solicitation of donations made incidental to such canvassing is excluded from the permit requirements of this Section, but not the provisions of Section 6613.14.
6613.19. - USE OF SOUND-MAKING, SOUND-AMPLIFYING DEVICES.

No person shall peddle, solicit or canvass by driving, operating, propelling, stopping or parking any wagon, cart, automotive vehicle or any other type of conveyance with a sound-making device, sound-amplifying device, or loudspeaker thereof in use or operation or by making any outcry, blowing a horn, ringing a bell or using any sound device or musical instrument upon any of the streets, alleys, parks or other public places of the city:

Whenever any such sound can be heard for a distance greater than three hundred feet (300'); When passing a hospital at any time or a place of worship during the hour services are being held therein; Within five hundred feet (500') of the nearest property line of any property on which a school building is located during the hours school is in session;
Between the hours of dusk and eight (8) a.m. of any day.

Notwithstanding the provisions of this Section, all persons who are permitted by the city to sell goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, candy, ice cream, popcorn, peanuts or any other edibles from a wagon, cart, automotive vehicle or any other type of conveyance, and whose conveyances are equipped with sound apparatus emitting sounds and amplifying sounds, including but not limited to music, shall not operate or use said apparatus unless such sounds, including but not limited to music, emitted therefrom do not exceed ninety (90) decibels measured at a distance of ten feet (10′) from the speaker of said apparatus.

DIVISION 4. - GENERAL REGULATION
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(Division 4 amended in its entirety by Ord. 2191 adopted 7-20-04) 6614. - PERMIT HOLDER'S BOOKS AND RECORDS.

Every person who engages in soliciting or peddling as permitted shall maintain a system of accounting whereby all monies collected by such person are entered upon the books or records of such person.
6614.1. - INVESTIGATION OF SOLICITORS AND PEDDLERS.

The License Officer or designee is authorized to investigate the affairs of any person engaged in soliciting or peddling under a permit or certificate issued under the provisions of this Chapter.
(Amended by Ord. 2263 adopted 12-1-09)
6614.2. - MISREPRESENTATION PROHIBITED.

No person shall directly or indirectly solicit, peddle or canvass for any purpose by misrepresentation of his name, occupation, financial condition, social condition or residence, and no person shall make or perpetrate any misstatement, deception or fraud in connection with any soliciting, peddling or canvassing for any purpose in the City.
6614.3. -
(Repealed by Ord. 2263 adopted 12-1-09)
Editor's note— Ord. No. 2263, § 81, adopted Dec. 1, 2009, repealed § 6614.3, in its entirety. Former § 6614.3 pertained to False Application. See "Ordinance List and Disposition Table" for derivation.
6614.4. - SEPARATE VIOLATIONS.

Each separate act of soliciting or peddling for any purpose without a permit shall constitute a nuisance and a separate offense for each day such act is committed.

DIVISION 5. - GENERAL REGULATIONS
6615. - PERMITTEE'S BOOKS AND RECORDS.

Every person who solicits any contribution for a charitable purpose shall maintain a system of accounting whereby all donations to and all disbursements by such person are entered upon the books or records of such person. 6615.1. - PERMITTEE'S REPORTS.

Every person to whom a permit has been issued under this Part shall, within sixty (60) days after the solicitation has been completed, furnish to the License Officer a detailed report and financial statement showing the amount raised by the solicitation, the amount expended in collecting such funds, a detailed report of the wages, fees, commissions and expenses paid to any person in connection with such solicitation, and the disposition of the balance of the funds collected by the solicitation. This report shall be available for public inspection at the License Officer's office. The permit holder shall make available to the License Officer, or to any person designated in writing by the License Officer as their representative for such purpose, all books, records and papers whereby the accuracy of such report may be checked. (Amended by Ord. 2263 adopted 12-1-09)
6615.2. - INVESTIGATION OF SOLICITORS.

The License Officer is authorized to investigate the affairs of any person soliciting for charitable or religious purposes under a permit or certificate issued under the provisions of this Part, and may make public their written findings in order that the public may be fully informed as to the affairs of any of said persons. All such persons shall make available to the License Officer, or to any representative designated by them in writing for such specific purpose, all books, records or other information reasonably necessary to enable the License Officer to fully and fairly inform the public of all facts necessary to a full understanding by the public of the works and methods of operation of such persons. Five (5) days before the public release of any findings under this section, the License Officer shall first serve a copy of said findings upon the person investigated, and at the time of the release of their findings they must release a copy of any written statement filed by such person in explanation, denial or confirmation of said findings. (Amended by Ord. 2263 adopted 12-1-09)
6615.3. - MISREPRESENTATION PROHIBITED.

No person shall, directly or indirectly, solicit for any purpose by misrepresentation of his name, occupation, financial condition, social condition or residence, and no person shall make or perpetrate any misstatement, deception or fraud in connection with any solicitation for any purpose in the City, or in any application or report filed under this Part.
6615.4. - FALSE APPLICATION.

No person shall file or cause to be filed an application for a permit or certificate under this Part containing false or fraudulent statements. 6615.5. - SEPARATE VIOLATIONS.

Each separate act of soliciting for any charitable purposes without a permit, or soliciting for any religious purpose without a certificate, shall constitute a separate offense.

DIVISION 6. - MOTION PICTURE FILMING
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(Division 6 added by Ord. 1793 adopted 7-17-84; amended by Ord. 1957 adopted 5-3-91; amended by Ord. 2064 adopted 5-20-97) 6616. - FILM PERMIT.

A film permit shall be required for all types of filming except filming that is exclusively for private or family use. 6616.1. - APPLICATION.

All applicants shall complete a City of Arcadia film permit application package and all required forms contained therein prior to the issuance of a film permit. The forms shall require a detailed description of the filming and the equipment to be used. 6616.2. - SCOPE OF PERMIT.

Each film permit issued shall authorize only the filming location and the filming dates listed on the film permit application form. An approved film permit is required prior to the start of any filming activity. 6616.3. - SEPARATE PERMIT.

A separate film permit and fee is required for each filming location and for each set of filming dates. Set of filming dates shall mean the dates requested on the original application. The dates do not necessarily need to be consecutive. 6616.4. - INSURANCE.

A certificate of insurance in the amount of not less than One Million Dollars ($1,000,000.00) naming the City of Arcadia and Arcadia Redevelopment Agency (if applicable) as additional insured(s) and approved by the City Attorney is required prior to the issuance of a film permit. 6616.5. - FILM PERMIT APPROVED.

Permits will only be issued after they have been reviewed and approved by the License Officer, or designee, consistent with the designated film permit policy as set forth in the film permit application package. (Amended by Ord. 2263 adopted 12-1-09)
6616.6. - COST OF CITY SERVICES.

The City will have the right to require police, fire, or other city services as part of the film permit process. The applicant shall pay directly for all services provided by the City. The fee for services will be the cost incurred by the City for providing the services. City may require a deposit applicable to these costs. 6616.7. - WRITTEN NOTIFICATION.
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(2)
(3)
(4)
(5)
(6)
(7)
Each applicant shall notify, in writing, all of the properties which are immediately adjacent to the filming location prior to the start of filming as defined in the film permit application package. The written notification shall include a general description of the filming activity that will take place and the dates and times when the filming activity is scheduled.
6616.8. - FEE AMOUNT.

The film permit fee is Two Hundred Fifty Dollars ($250.00) for the first day and Seventy-five Dollars ($75.00) for each additional day for each location where filming will be conducted.
6616.9. - WAIVER OF FEES.

The License Officer, or designee, may waive a film permit fee if the applicant is a student or a local charitable organization with documented proof of this status.
(Amended by Ord. 2263 adopted 12-1-09)
6616.10. - REVOCATION OR DENIAL OF APPLICATION.

The License Officer, or designee, may revoke the film permit or deny approval of film application if any of the following circumstances occur:

There has been a misrepresentation in the permit application with respect to the nature of the film activity, the number of personnel or equipment, or other relevant matter.

Where the filming activity, as conducted, has become a hazard to persons or property, or unduly disruptive to neighboring residents and/or businesses.

Where the film activity goes beyond the hours specified in the film permit.

Where any provision of the fire/life safety requirements has not been corrected after notification by police/fire personnel.

For failure to comply with insurance requirements and maintain satisfactory insurance at all times during applicant's activities in the City.

Failure to abide by and comply with the terms and conditions of this permit.

Allowance of conditions and/or actions that constitute a public nuisance or otherwise disturb or disrupt the neighborhood.

Revocation for any of the reasons set forth above shall be grounds to deny subject applicant subsequent permits. (Amended by Ord. 2263 adopted 12-1-09)
CHAPTER 7. - ADULT BUSINESS PERFORMER LICENSE
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(Chapter 7 of Article 6 added by Ord. 2103 adopted 5-18-99) 6700. - PURPOSE.

It is the purpose and intent of this Chapter to provide for the licensing of adult business performers in order to promote the health, safety, and general welfare of the citizens of the City. The goals of the performer licensing provisions are: (1) to protect minors by requiring that all performers be over the age of eighteen (18); (2) to assure the correct identification of persons performing in adult businesses; (3) to enable the City to deploy law enforcement resources effectively; and (4) to detect and discourage the involvement of crime in adult businesses by precluding the licensing of performers with certain sex-related convictions in a set time period. It is neither the intent nor the effect of these regulations to invade the privacy of performers or to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of these regulations to restrict or deny access by adults to communicative materials or to deny access by the distributors or exhibitors of adult businesses to their intended lawful market.

Nothing in these regulations is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any City Ordinance or any statute of the State of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter, or the exhibition or public display thereof.

The definitions contained in the Arcadia Municipal Code, specifically those found in Division 9 shall govern for purposes of these regulations. 6701. - ADULT BUSINESS PERFORMER LICENSE.

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. D.

No performer shall be employed, hired, contracted for or otherwise retained in an adult business to participate in or give any live performance displaying specified anatomical areas or specified sexual activities without first having a valid adult business performer license issued by the City.

Consistent with Arcadia Municipal Code Section 1441, for purposes of enforcing Chapter 7 of Article VI of the Arcadia Municipal Code (Adult Business Performer License - Sections 6700 et seq.) Officer shall mean the License Officer or his or her designee.

License applicants shall file a written, signed, and verified application or renewal application on a form provided by the Officer. Such application shall contain the following information, necessary for the City to determine an applicant's ability to function responsibly in an adult business setting, and be accompanied by the following documents:

The license applicant's legal name and any other names (including "stage names" and aliases) used by the applicant.

Age, date and place of birth.

Height, weight, hair and eye color and tattoo descriptions and locations.

Each present and/or, as the case may be, proposed business address(es) and telephone number(s) of the establishments at which the applicant intends to work.

Driver's license or identification number and state of issuance.

Social Security number.

Satisfactory written proof of verifiable identification establishing that the permit applicant is at least eighteen (18) years of age or twenty-one (21) years of age if the performance is to occur in a Department of Alcoholic Beverage Control ("ABC") regulated establishment.

The license applicant's fingerprints on a form provided by the Police Department and a color two (2) by two (2) inch photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant. Fingerprints and photograph shall be taken within six (6) months of the date of application.

Whether the license applicant, has pled guilty or nolo contendere or been convicted of an offense classified by this or any other state as a sex- related offense and (a) less than two (2) years have elapsed since the date of conviction or the date of release from confinement of conviction to the date of application, whichever is the later date, if the conviction is a misdemeanor; or (b) less than five (5) years have elapsed since the date of conviction or the date of release from confinement of conviction to the date of conviction, whichever is the later date, if the conviction is a felony; or (c) less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the conviction to the date of application, whichever is the later date, if the convictions are two (2) or more misdemeanors or combination of misdemeanor offenses occurring within any twenty-four (24) month period. This section shall be applied consistent with California Penal Code Section 11105 and any amendments thereto.

If the application is made for the purpose of renewing a license, the license applicant shall attach a copy of the license to be renewed.

Address of principal place of residence.

The completed application shall be accompanied by a non-refundable application fee and an annual license fee. Said fees shall be set by Resolution of the City Council.

The completeness of an application shall be immediately determined by the Officer upon its submittal. The Officer will accept applications during normal City Hall working hours. If the Officer determines that the application is incomplete, the Officer shall immediately inform the applicant of such fact and the reasons therefor, including any additional information necessary to render the application complete. Upon receipt of a completed adult business performer application and payment of the license fee specified in Subsection D of this Section, the Officer shall immediately issue a temporary license which shall expire of its own accord ten (10) business days from the date of issuance and shall only be extended as provided in Section 6702(C). This temporary adult business performer license shall authorize a performer to commence performance at an adult business establishment that possesses a valid adult business regulatory permit authorized to provide live entertainment.

The fact that a license applicant possesses other types of State or City permits or licenses does not exempt the license applicant from the requirement of obtaining an adult business performer license.

The information provided above in Subsections C 1, 5, 6 and 11 shall be redacted from any public disclosure under the California Public Records Act to protect the physical security of the performers. (Amended by Ord. 2178 adopted 5-6-03; amended by Ord. 2234 adopted 12-4-07; amended by Ord. 2263 adopted 12-1-09) 6702. - INVESTIGATION AND ACTION ON APPLICATION FOR ADULT BUSINESS PERFORMER LICENSE.

Upon submission of a completed application, payment of license fees, and issuance of a temporary adult business performer license pursuant to Section 6701, the Officer shall immediately stamp the application "Received" and shall refer the application to the Police Department for investigation to determine whether the license applicant should be issued an adult business performer license.

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3. 4.

1. 2.

3. Investigation shall not be grounds for the City to unilaterally delay in reviewing a completed application. The Officer's decision to grant or deny the adult business performer license shall be made within ten (10) working days from the date the temporary license was issued and in no case shall the decision to grant or deny the license application be made after the expiration of the temporary license.

The Officer shall render a written decision to grant or deny the license within the foregoing ten (10) day period. Said decision shall be mailed first class postage pre-paid or hand-delivered to the applicant, within the foregoing ten (10) day period, at the address provided by the applicant in the application.

For good cause as set forth in writing, the ten (10) day period shall be extended up to an additional ten (10) days. This shall automatically extend the temporary license. Failure of the Officer to render a decision on the permit within the time frames established by the Section shall be deemed to constitute an approval, subject to appeal to the Business License Review Board, pursuant to Section 6703.

The Officer shall notify the applicant as follows:

The Officer shall write or stamp "Approved" or "Denied" on the application and date and sign such notation.

If the application is denied, the Officer shall attach to the application a statement of the reasons for denial. Such notice shall also provide that the permit applicant may appeal the denial to the Business License Review Board in accordance with Section 6703.

If the application is approved, the Officer shall attach to the application an adult business performer license.

The application, as acted upon, and the license, if any, shall be placed in the United States mail, first class postage prepaid, or hand delivered, addressed to the license applicant at the residence address stated in the application in accordance with the time frames established herein.

The Officer shall approve the application and issue the license unless the application is denied based on one of the grounds set forth in Section 6703(C).

On determining that the grounds for license denial exist in accordance with Section 6703, the Officer shall furnish written notice of the denial to the applicant. Such notice shall provide, in addition to the grounds for denial, that the license applicant may appeal the denial to the Business License Review Board in accordance with Section 6703, and that the temporary license shall be extended through the time the appeal is concluded.

Each adult business performer license, other than the temporary license described in Section 6701, shall expire one (1) year from the date of issuance and may be renewed only by filing with the Officer a written request for renewal, accompanied by the annual license fee and a copy of the license to be renewed. If said application conforms to the previously approved application and there has been no change with respect to the license holder being convicted of any crime classified by this or any other state as a sex-related offense, the Officer shall renew the license for one (1) year. Any plea to or conviction of a sex-related offense requires the renewal application to be denied in accordance with the provisions of this Section. The denial of a renewal application is appealable pursuant to the provisions of Section 6703. The request for renewal shall be made at least thirty (30) days before the expiration date of the license. Applications for renewal shall be acted upon as provided herein for action upon applications for license.
(Amended by Ord. 2178 adopted 5-6-03; amended by Ord. 2263 adopted 12-1-09) 6703. - DENIAL, SUSPENSION OR REVOCATION OF ADULT BUSINESS PERFORMER LICENSE/APPEAL HEARING.

On determining that grounds for license denial, suspension or revocation (also referred to collectively as License Action) exist, the Officer shall furnish written notice of the license action to the license holder or applicant (hereinafter "license holder" or "licensee" shall also mean "license applicant" or "applicant"). Such notice shall set forth the procedures for appeal, the pertinent Arcadia Municipal Code Sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the license holder, or shall be delivered to the license holder personally.

During any appeal to the Business License Review Board, the applicant or license holder shall have the right to offer testimonial, documentary, and tangible evidence bearing upon the issues and may be represented by counsel. The Board shall not be bound by the formal rules of evidence.

Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness at the request of the licensee.

Extensions of time or continuances sought by a licensee shall not be considered delay on the part of the City or constitute failure by the City to provide for prompt decisions on license actions.

A license may be denied, suspended or revoked, based on any of the following causes arising from the acts or omissions of the permit holder:

The licensee has made any false, misleading, or fraudulent statement of material fact in the application for a performer license.

The license applicant is under eighteen (18) years of age.

The licensee has pled guilty, nolo contendere or been convicted of an offense classified by this or any other state as a sex-related offense and (a) less than two (2) years have elapsed since the date of conviction or the date of release from confinement for the conviction to the date of application, whichever is the later date, if the conviction is a misdemeanor, or (b) less than five (5) years have elapsed since the date of conviction or the date of release from confinement of conviction to the date of application, whichever is the later date, if the conviction is a

4. D.

1. 2.

3. 4.

B.
felony; or (c) less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the conviction to the date of application, whichever is the later date, if the convictions are two (2) or more misdemeanors or combination of misdemeanor offenses occurring within any twenty-four (24) month period.

The Licensee has committed acts in violation of the requirements and standards of the Adult Business Ordinance (Sections 9279 et seq. and 6700 et seq.).

After holding the hearing in accordance with the provisions of this Section, if the Board finds and determines that there are grounds for denial, suspension or revocation, the Board shall impose one of the following:

Suspension of the license for a specified period of either one (1) year or some other time to be determined in the Board's discretion; or Denial and/or revocation of the license; or
Conditional granting of the license.

The Board shall render a written decision in accordance with the procedures of Section 6216.8.

In the event a license is revoked pursuant to this Section, another adult business performer license shall not be granted to the licensee within twelve (12) months after the date of such revocation or such other time as the Board determines. (Amended during 1-00 supplement; amended by Ord. 2178 adopted 5-6-03; amended by Ord. 2263 adopted 12-1-09) 6704. - JUDICIAL REVIEW.

Decisions of the Business License Review Board may be appealed to the City Council pursuant to the procedures of Section 6216.9.

The time for a court challenge to a decision of the City Council under Sections 6702 and/or 6703 is governed by California Code of Civil Procedure § 1094.8.

Notice of the Business License Review Board's decision and its findings and the City Council's decision and its findings under Sections 6702 and/or 6703 shall include citation to California Code of Civil Procedure § 1094.8.

Any applicant or license holder whose license has been denied, suspended, or revoked, pursuant to Sections 6702 and/or 6703 shall be afforded prompt judicial review of that decision as provided by California Code of Civil Procedure § 1094.8. (Former Section 6704 repealed and new Section 6704 added by Ord. 2178 adopted 5-6-03; amended by Ord. 2263 adopted 12-1-09) 6705. - DISPLAY OF LICENSE IDENTIFICATION CARDS.

The Officer shall provide each adult business performer required to have a license pursuant to Section 6700 et seq. with an identification card containing the name, address, photograph, and permit number of such performer. Every performer shall have such card available for inspection at all times during which he or she is on the premises of the adult business at which he or she performs or entertains. 6706. - ADULT BUSINESS PERFORMER LICENSE NONTRANSFERABLE.

No adult business performer license may be sold, transferred, or assigned by any licensee or by operation of law, to any other person, group, partnership, corporation, or any other entity. Any such sale, transfer, or assignment, or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of the adult business performer license, and the license thereafter shall be null and void. 6707. - TIME LIMIT FOR FILING APPLICATION FOR PERMIT.

All persons required by Section 6700 et seq. to obtain an adult business performer license who are performing in Arcadia prior to the effective day of the Ordinance codified in this Chapter must apply for and obtain such adult business performer license within sixty (60) days of the effective date of said Ordinance. Failure to do so and continued performance that displays specified anatomical areas or specified sexual activities in an adult business after such time without a license shall constitute a violation of the Arcadia Municipal Code. (Amended by Ord. 2263 adopted 12-1-09)
6708. - VIOLATIONS.

Any person violating or causing the violation of any of these provisions regulating adult business performer licenses shall be subject to license revocation pursuant to Section 6703 above and any and all other civil remedies. It shall be a violation of this Chapter and Article IX, Chapter 2, Part 7, Division 9, for any principal, including but not limited to any adult business operator or permittee, to permit, procure, counsel or assist any agent of that principal, including but not limited to an employee or independent contractor, to violate any provision of this Chapter. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued.

The operating standards for performers of adult live entertainment are part of a regulatory licensing process, and the City does not impose a criminal penalty for violations of the provisions of this Chapter relating to sexual conduct or activities.

In addition to the remedies set forth in Section 6708(A), any violation of any of these provisions regulating adult business performer licenses is hereby declared to constitute a public nuisance and may be abated or enjoined. (Former Section 6708 repealed and new Section 6708 added by Ord. 2178 adopted 5-6-03) 6709. - REGULATIONS NONEXCLUSIVE.

The provisions of this Chapter regulating adult business performer licenses are not intended to be exclusive, and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the licensing provisions as adopted by the City Council of the City of Arcadia; provided, however, that the provisions contained in Article VI, Chapters 1 through 6, inclusive, of the Arcadia Municipal Code shall be deemed superseded by these regulations in the event a business activity therein also meets the definitions contained in this Chapter 7. 6710. - SEVERABILITY.

If any section, subsection, paragraph, sentence, clause, or phrase of this Chapter and the Ordinance to which it is a part, or any part thereof is held for any reason to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, the remaining sections, subsections, paragraphs, sentences, clauses, and phrases shall not be affected thereby. The City Council declares that it would have adopted this Chapter and the Ordinance to which it is a part regardless of the fact that one or more sections, subsections, paragraphs, sentences, clauses, or phrases may be determined to be unconstitutional, invalid, or ineffective. (Added by Ord. 2178 adopted 5-6-03)
CHAPTER 8. - ADULT BUSINESS LICENSE
Footnotes:
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(Chapter 8 added by Ord. 2211 adopted 11-15-05)
6800. - PURPOSE.

The intent of this chapter is to regulate uses which, because of their very nature, are believed to have any of the recognized significant secondary effects on the community which include, but are not limited to: depreciated property values and increased vacancies in residential and commercial areas in the vicinity of adult oriented businesses, interference with residential, commercial and industrial property owners' enjoyment of their property when such property is located in the vicinity of adult oriented businesses due to increased crime, debris, noise and vandalism; higher crime rates in the vicinity of adult oriented businesses; and blighting conditions such as low-level maintenance of commercial premises and parking lots which thereby have a deleterious effect upon adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the neighborhoods in the vicinity of the adult oriented businesses. In approving the regulations contained in this article, the city council has reviewed detailed studies, reports and letters prepared by other jurisdictions and its own staff with respect to the detrimental social, health and economic effects on persons and properties surrounding adult oriented businesses. These studies include Upland, California (1992); Garden Grove, California (1991); Tucson, Arizona (1990); Seattle, Washington (1989); Austin, Texas (1986); Oklahoma City, Oklahoma (1986); Indianapolis, Indiana (1 984); Houston, Texas (I 983); Beaumont, Texas (1982); Minneapolis, Minnesota (1980); Phoenix, Arizona (1979); Whittier, California (1978); Amarillo, Texas (1977); Cleveland, Ohio (1977); Los Angeles, California (1977); State of Minnesota, Attorney General Report (1989); Newport news, Virginia (1996); St. Paul, Minnesota (1987); Corpus Christi, Texas (1995); National Law Center (1995); and Azusa (2003) (collectively "studies"). The studies substantiate the adverse, secondary effects of adult businesses. It is neither the intent nor effect of this chapter to impose limitations or restrictions on the content of any communicative material Similarly, it is neither the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors or exhibitors of sexually oriented materials to their intended market.

Nothing in this chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any City ordinance or any statute of the State of California regarding public nuisances, unlawful exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof. 6801. - DEFINITIONS.

In addition to any other definitions contained in the Municipal Code, the following words and phrases shall, for the purpose of this Chapter and Article VI, Chapter 7, be defined as follows, unless it is clearly apparent from the context that another meaning is intended. Should any of the definitions be in conflict with any current provisions of the Municipal Code, these definitions shall prevail.

1. 2.

3. 4.

5. "Adult arcade" shall mean a business establishment to which the public is permitted or invited and where coin, card or slug operated or electronically, electrically or mechanically controlled devices, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image-producing devices are maintained to show images on a regular or substantial basis, where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing "specified sexual activities" or "specified anatomical areas." Such devices shall be referred to as "adult arcade devices." "Adult booth/individual viewing area" shall mean a partitioned or partially enclosed portion of an adult business used for any of the following purposes:

Where a live or taped performance is presented or viewed, where the performances and/or images displayed or presented are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas"; or
Where "adult arcade" devices are located.
"Adult business" shall mean:

A business establishment or concern that as a regular and substantial course of conduct operates as an adult retail store, adult motion picture theater, adult arcade, adult cabaret, adult motel or hotel, adult modeling studio (as these phrases are defined in this section); or A business establishment or concern which as a regular and substantial course of conduct offers, sells or distributes "adult oriented material" or "sexually oriented merchandise," or which offers to its patrons materials, products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" but not including those uses or activities (as these phrases are defined in this section) which are preempted by State law. "Adult cabaret" shall mean a business establishment (whether or not serving alcoholic beverages) that features "adult live entertainment." "Adult hotel/motel " shall mean a "hotel" or "motel" (as defined in the Municipal Code) that is used for presenting on a regular and substantial basis images through closed circuit television, cable television, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image-producing devices that are distinguished or characterized by the emphasis on matter depicting or describing or relating to "specified sexual activities" or "specified anatomical areas" (as these phrases are defined in this section). "Adult live entertainment" shall mean any physical human body activity, whether performed or engaged in, alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, m which (1) the performer (including but not limited to a topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar performers) exposes to public view, without opaque covering, "specified anatomical areas"; and/or (2) the performance or physical human body activity depicts, describes, or relates to "specified sexual activities" whether or not the specified anatomical areas are covered. "Adult modeling studio" shall mean a business establishment which provides for any form of consideration, the services of a live human model, who, for the purposes of sexual stimulation of patrons, displays "specified anatomical areas" to be observed, sketched, photographed, filmed, painted, sculpted, or otherwise depicted by persons paying for such consideration. "Adult modeling studio" does not include schools maintained pursuant to standards set by the Board of Education of the State of California. "Adult motion picture theater" shall mean a business establishment, with or without a stage or proscenium, where, on a regular and substantial basis and for any form of consideration, material is presented through films, motion pictures, video cassettes, slides, laser disks, digital video disks, holograms, virtual reality devices, or similar electronically-generated reproductions that is characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." "Adult oriented material" shall mean accessories, paraphernalia, books, magazines, laser disks, compact discs, digital video disks, photographs, prints, drawings, paintings, motion pictures, pamphlets, videos, slides, tapes, holograms or electronically generated images or devices including computer software, or any combination thereof that is distinguished or characterized by its emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." "Adult oriented material" shall include "sexually oriented merchandise."
"Adult retail store" shall mean a business establishment having as a regular and substantial portion of its stock in trade, "adult oriented material" and/or "sexually oriented merchandise."
"Day care facility" or "day care center" means any child day care facility as defined in Section 1596.750 of the California Health and Safety Code other than family day care homes.
"Establishment of an adult business" shall mean any of the following:

The opening or commencement of any "adult business" (as defined earlier) as a new business; The conversion of an existing business, whether or not an "adult business," to any "adult business"; The addition of any "adult business" to any other existing "adult business"; The relocation of any "adult business"; or
M.

1. (a)
(b)
(c)

2. U.

1. 2.

3. 4.

5. 6.

7. Physical changes that expand the square footage of an existing "adult business" by more than ten percent (10%). "Owner/permit holder" shall mean any of the following: (1) the sole proprietor of an adult business; (2) any general partner of a partnership that owns and operates an adult business; (3) a corporation; (4) the owner of a controlling interest in a corporation or limited liability company that owns and operates an adult business; or (5) the person designated by the officers of a corporation or the members of a limited liability company to be the permit holder for an adult business owned and operated by the corporation. "Park" shall mean any park, playground, swimming pool, golf course or athletic field within the City which is under the City's control, operation and management, and the Arcadia County Park.
"Performer" shall mean any person who is an employee or independent contractor of an adult business, and who, with or without any compensation or other form of consideration, performs adult live entertainment for patrons of an adult business. Performer does not include a patron.
"Religious institution" shall mean structure or facility that is used primarily for religious worship and related religious activities such as a church, temple or synagogue.
"Residential zone" shall mean any property within the City which carries a zoning designation of: R-M Residential Mountainous Zone Single Family Zone; R-O Residential First One-Family; R-1 Residential Second One-Family; R-2 Medium Density Multiple-Family Residential Zone; and R-3 Multiple Family Residential Zone.
"School" shall mean any institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and/or is maintained pursuant to standards set by the Board of Education of the State of California and has an approved use permit, if required under the applicable jurisdiction. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education under the jurisdiction of the California Department of Education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university. It does not include private instructional and/or tutoring facilities. "Sexually oriented merchandise" shall mean sexually oriented implements, paraphernalia, or novelty items, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado- masochistic activity or distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
"Specified anatomical areas" shall mean and include any of the following:

Less than completely and opaquely covered, and/or simulated to be reasonably anatomically correct, even if completely and opaquely covered human:

Genitals, pubic region;
Buttocks, anus;
Female breasts below a point immediately above the top of the areola; or Human male genitals in a discernibly turgid state, even if completely or opaquely covered. "Specified sexual activities" shall mean and include any of the following, irrespective of whether performed directly or indirectly through clothing or other covering:

Human genitals in a state of sexual stimulation or arousal; Acts of human masturbation, sexual stimulation or arousal; Simulated sexual intercourse;
Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; Masochism, erotic or sexually oriented torture, beating, or the infliction of pain, or bondage and/or restraints; Human excretion, urination, menstruation, vaginal or anal irrigation; and/or Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast. 6802. - PERMIT REQUIRED.

In addition to the requirements of Section 9279, et seq., of this Code, no adult business shall be permitted to operate, engage in, conduct or carry on business within the City unless the owner of the business first obtains both an Adult Business Regulatory permit and a business license from the City. 6803. - PERMIT REQUIREMENTS.

1. 2.

3. 4.

5. 6.

7. 8.

9. (a)
(b)
(1)
(2)
(3)
C.

It shall be unlawful for any person to establish, operate, engage in, conduct, or carry on any adult business within the City of Arcadia unless the person first obtains, and continues to maintain in full force and effect, an adult business regulatory permit as herein required. Any occurrence of the "establishment of an adult business" as defined in Arcadia Municipal Code Section 6801(L) shall require a new application for an adult business use permit. The adult business use permit shall be subject to the development and operational standards contained in Sections 6805.

Permit applicants shall file a written, signed, and verified application on a form provided by the License Officer or designee. Any changes in information on an application shall be submitted on a supplemental application within ten (10) working days of each such change. Such application shall contain the following information and shall also include applicant's acknowledgment that he/she has read and understands all requirements set forth in Section 6805.

If the permit applicant is an individual, the individual shall state his or her legal name, including any aliases, telephone number, home address (including previous addresses), tax identification number, social security number, information regarding past adult business ownership, and shall submit satisfactory written proof that he or she is at least eighteen (18) years of age.

If the permit applicant is a partnership, the partners shall state the partnership's complete name, address, and telephone number, and the names (including aliases), telephone number, home address (including previous addresses), tax identification number, social security number, and information on past adult business ownership of all partners. The applicant and all the partners shall also submit satisfactory written proof that he or she is at least eighteen (18) years of age and whether the partnership is general or limited; and shall attach a copy of the partnership agreement, if any.

If the permit applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of the State of California, the names and capacities of all officers and directors, the name of the registered corporate agent, and the address of the registered office for service of process.

If the permit applicant is an individual, he or she shall sign the application. If the permit applicant is other than an individual, each individual or entity with a ten percent (10%) or greater interest in the business entity shall sign the application. Any individual who signs the application must also provide his or her name, including any aliases, home address (including previous addresses), telephone number, date of birth, social security number, information regarding past adult business ownership, and shall submit satisfactory written proof that he or she is at least eighteen (18) years of age.

If the permit applicant intends to operate the adult business under a name other than that of the permit applicant, the permit applicant shall file the fictitious name of the adult business and show proof of registration of the fictitious name.

A description of the type of adult business for which the permit is requested and the proposed address where the adult business will operate, plus the names and addresses of the owners and lessors of the adult business site. If premises are leased, a complete copy of the current lease must be attached. The property owner must sign the application.

The address to which notice of action on the application is to be mailed.

The full names, aliases, if any, addresses, telephone numbers and date of birth of all employees, independent contractors, and other persons who will perform at the adult business, who are required by Section 6700 et seq. to obtain an adult business performer license. This information shall be updated by the licensee of the adult business establishment within five (5) days of retention of any new or additional employees, independent contractors, and other persons who will perform at the adult business, who are required by Section 6700 et seq. to obtain an adult business performer license. All persons who have been issued an adult business regulatory permit shall promptly supplement the information provided as part of the application for the permit with the names of all employees, independent contractors, or other persons, who are required to obtain an adult business performer license, within ten (10) working days of any change in the information originally submitted. The information obtained by the City pursuant to this Subsection B(8) shall be kept confidential.

Permit applications shall include a signed and verified statement that:

The permit applicant, if an individual, or each shareholder, partner, officer and director, or other party possessing a ten percent (10%) or greater interest, if a partnership or corporation, has not pled guilty or nolo contendere or been convicted of an offense classified by this or any other state as a sex or sex-related offense; or
If there has been a conviction or a plea, then:

More than two (2) years have elapsed between the date of conviction or plea, or the date of release from confinement for a conviction or plea, whichever is the later date, and the date of application if the conviction or plea is a misdemeanor; or More than five (5) years have elapsed between the date of conviction or plea, or the date of release from confinement for a conviction or plea, whichever is the later date, and the date of application if the conviction or plea is a felony; or More than five (5) years have elapsed between the date of the last conviction or plea, or the date of release from confinement for the last conviction or plea, whichever is the later date, and the date of application if the convictions or pleas are two (2) or more misdemeanors or a combination of misdemeanor offenses occurring within any twenty-four (24) month period.

The completed application shall be accompanied by a non-refundable application fee. Said fee shall be set forth by Resolution of the City Council.

1. 2.

3. H.

1. 2.

3. 4.

5. 6.

The completeness of an application for an adult business regulatory permit shall be determined by the Officer within five (5) working days of its submittal. If the Officer determines that the permit application is incomplete, the Officer shall immediately notify in writing the permit applicant of such fact and the reasons therefor, including any additional information necessary to render the application complete. Such writing shall be deposited in the U.S. mail, postage prepaid, immediately upon determination that the application is incomplete. Within five (5) working days following the receipt of an amended application or supplemental information, the Officer shall again determine whether the application is complete in accordance with the provisions set forth above. Evaluation and notification shall occur as provided herein until such time as the application is found to be complete.

The fact that a permit applicant possesses other types of State or City permits or licenses does not exempt the permit applicant from the requirement of obtaining an adult business regulatory permit. (Amended by Ord. 2263 adopted 12-1-09)
6804. - INVESTIGATION AND ACTION ON APPLICATION FOR ADULT BUSINESS REGULATORY PERMIT.

The completeness of an application for an adult business regulatory permit shall be determined by the License Officer or his or her designee within five (5) working days of its submittal. If the Officer determines that the permit application is incomplete, the Officer shall immediately notify in writing the permit applicant of such fact and the reasons therefor, including any additional information necessary to render the application complete. Such writing shall be deposited in the U.S. mail, postage prepaid, immediately upon determination that the application is incomplete.

Within five (5) working days following the receipt of an amended application or supplemental information, the Officer shall again determine whether the application is complete in accordance with the provisions set forth above. Evaluation and notification shall occur as provided herein until such time as the application is found to be complete.

Upon receipt of a completed application and payment of the application and permit fees, the Officer shall immediately write or stamp the application "Received" and, in conjunction with City staff and the Chief of Police, shall promptly investigate the information contained in the application to determine whether an adult business regulatory permit shall be granted.

Within ten (10) working days of receipt of the completed application, the Officer shall issue or deny the license, unless extended for five (5) additional working days upon a showing of good cause. Only one such extension shall be permitted unless requested by the applicant.

In reaching a decision, the Officer shall not be bound by the formal rules of evidence in the California Evidence Code.

The failure of the Officer to render any decision within the time frames established in any part of this Section shall be deemed to constitute an approval, subject to appeal to the Business License Review Board, pursuant to Section 6807. The Officer's decision shall be hand delivered or mailed to the applicant at the address provided in the application, and shall be provided in accordance with the requirements of this Code.

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

The Officer shall grant or deny the application in accordance with the provisions of this Section, and so notify the applicant as follows:

The Officer shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.

If the application is denied, the Officer shall attach to the application a statement of the reasons for the denial.

If the application is granted, the Officer shall stamp "Approved" on the application.

The Officer shall grant the application and issue the adult business regulatory permit unless the application is denied based upon one (1) or more of the criteria set forth in subsection J below.

If the Officer grants the application, the applicant may begin operating the adult business for which the permit was sought, subject to strict compliance with the development and operational standards and requirements of this Chapter. The permit holder shall post the permit conspicuously in the premises of the adult business.

The Officer shall deny the application for any of the following reasons:

The adult business does not comply with the zoning and location standards found in Section 9279.2.

The adult business does not comply with the development, operational or performance standards found in this Chapter.

The permit applicant, his or her employee, agent, partner, director, officer, shareholder with a ten percent (10%) or greater interest, or manager has made any false, misleading, or fraudulent statement of material fact in the application for an adult business regulatory permit or in any report, record, or document required to be filed with the application, the Police Department, Sheriff, other law enforcement agency, or other department of the City.

The permit applicant is under eighteen (18) years of age.

The required application fees have not been paid.
(a)
(b)

7. K.

1. 2.

3. E.

1. 2.

The permit applicant, if an individual, or any shareholder, partner, officer, director or other party possessing a ten percent (10%) or greater interest, if a partnership or corporation, has:

Pled guilty or nolo contendere or been convicted of an offense classified by this or any other state as a sex or sex-related offense; and (i) Less than two (2) years have elapsed between the date of conviction or plea, or the date of release from confinement for a conviction or plea, whichever is the later date, and the date of application if the conviction or plea is a misdemeanor; or (ii) Less than five (5) years have elapsed between the date of conviction or plea, or the date of release from confinement for a conviction or plea, whichever is the later date, and the date of application if the conviction or plea is a felony; or (iii) Less than five (5) years have elapsed between the date of the last conviction or plea, or the date of release from confinement for the last conviction or plea, whichever is the later date, and the date of application if the convictions or pleas are two (2) or more misdemeanors or a combination of misdemeanor offenses occurring within any twenty-four (24) month period.

Within the past eighteen (18) months the applicant, including, but not limited to, an owner, partner or shareholder with a ten percent (10%) or greater financial interest has been found to have violated any provision of this Chapter, has had an adult oriented business permit or similar entitlement permitting the establishment of an adult or sexually oriented business revoked, regardless of whether such revocation occurred within the City or in some other jurisdiction.

An applicant cannot re-apply for an adult business regulatory permit for a location for which the applicant previously submitted an application within one (1) year from the date of prior denial.

Any affected person may appeal the decision of the Director in writing in accordance with the provisions of Section 6807. (Amended by Ord. 2263 adopted 12-1-09)
6805. - DEVELOPMENT AND OPERATING STANDARDS.

Hours of Operation. It shall be unlawful for any permitee, owner, operator, manager or employee of an adult business to allow such adult business to remain open for business, or to permit any employee or performer 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 2:00 a.m. and 10:00 a.m. of any day excepting herefrom an "adult hotel/motel."
Exterior Lighting Requirements. All exterior areas, including parking lots, of the adult business shall be illuminated at a minimum of 1.50 foot- candle, maintained and evenly distributed at ground level with appropriate devices to screen, deflect or diffuse the lighting in such manner as to prevent glare or reflected light from creating adverse impacts on adjoining and nearby public and private properties. Inoperable and/or broken lights shall be replaced within twenty-four (24) hours.

Interior Lighting Requirements. All interior areas of the adult business excepting therefrom adult hotels and motels shall be illuminated at a minimum of 1.00 foot-candle, maintained and evenly distributed at floor level. Inoperable and/or broken lights shall be replaced within twenty- four (24) hours.

Minors' Access.

To the extent that it is in conformity with the Penal Code, movies, videotapes, digital video disks (DVDs), compact disks (CDs) and laser disks rated "X" or "NC-17" by the Motion Picture Association of America ("MPAA") or which have not been submitted to the MPAA for a rating and which are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas shall be restricted to persons at least eighteen (18) years of age. If an establishment that is not otherwise prohibited from providing access to persons under eighteen (18) years of age sells, rents, or displays movies, videos, DVDs, or laser disks that have been rated "X" or rated "NC- 17" by the MPAA, or which have not been submitted to the MPAA for a rating, and which consist of images which are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas, said movies, videos, DVDs, CDs, and laser disks shall be located in a specific section of the establishment where persons under the age of eighteen (18) shall be prohibited.

For material relative to adult businesses not covered by Subsection (D)(1), of this Section, access shall be restricted to persons over eighteen (18) years of age.

It shall be unlawful for any employee, owner, operator, responsible managing employee, manager or permittee of an adult business to allow any person under the age of eighteen (18) years upon the premises or within the confines of any adult business, either as a patron or employee, if no liquor is served, or under the age of twenty-one (21) if liquor is served.

Regulation of Adult Booth/Individual Viewing Area.

No adult booth/individual viewing area shall be occupied by more than one (1) individual at a time.

Each adult booth/individual viewing area within the adult business shall be visible from a continuous and accessible main aisle in a public portion of the establishment, and shall not be obscured by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing the entire interior of the adult booth/individual viewing area from the main aisle. A manager shall be stationed in the

3. 4.

5. F.

1. 2.

3. 4.
main aisle at all times. Further, no one shall maintain any adult booth/individual viewing area in any configuration unless the entire interior wherein the picture or entertainment is viewed is visible from one main aisle. The entire body of any patron in any adult booth/individual viewing area must be visible from the main aisle without the assistance of mirrors or other device.

No doors are permitted on an adult booth/individual viewing area. No partially or fully enclosed adult booth/individual viewing areas or partially or fully concealed adult booth/individual viewing areas shall be permitted.

No holes or other openings (commonly known as "glory holes") shall be permitted between adult booths/individual viewing areas. Any such hole or opening shall be repaired within twenty-four (24) hours using "pop" rivets to secure metal plates over the hole or opening to prevent patrons from removing the metal plates.

No beds shall be permitted in an adult booth/individual viewing area.

Interior of Premises. No exterior door or window on the premises of an adult business shall be propped or kept open at anytime while the business is open and any exterior windows shall be covered with opaque coverings at all times.

On-Site Manager—Security Measures. All adult businesses shall have a responsible person who shall be at least twenty-one (21) years of age and shall be on the premises to act as manager at all times during which the business is open. The individual designated as the on-site manager shall be registered with the Director to receive all complaints and be given by the owner and/or operator the responsibility and duty to address and immediately resolve all violations taking place on the premises.

All adult businesses shall provide a security system that visually records and monitors all parking lot areas during all business hours. At least one (1) security guard shall be on duty outside the premises, patrolling the grounds and parking lot at all times. The security guard shall be charged with preventing violations of law and enforcing the provisions of this Chapter. All security guards shall be uniformed so as to be readily identifiable as a security guard by the public. No person acting as a security guard shall act as a door person, ticket taker or seller, or any similar function, while acting as a security guard. For all adult oriented businesses providing live entertainment, an additional security guard shall be provided with each increase in maximum occupancy of two hundred (200) persons. Security guards shall be licensed under the California Private Security Services Act, Business & Professions Code Section 7580 et seq.

Sign Requirements. All adult businesses shall comply with the following sign requirements, in addition to those otherwise set forth in the Arcadia Municipal Code. Should a conflict exist between the other requirements of the Arcadia Municipal Code and this Subsection, the more restrictive shall prevail.

If an adult business does not serve alcohol, it shall post a notice inside the establishment, within ten (10) feet of every entrance used by customers for access to the establishment, stating that persons below the age of eighteen (18) years of age are prohibited from entering onto the premises or within the confines of the adult business. This notice shall be posted on a wall in a place of prominence. The dimensions of the notice shall be no less than six (6) inches by six (6) inches, with a minimum typeface of twenty-five (25) points on contrasting background.

If the adult business serves alcohol, it shall comply with all notice and posting requirements of the Alcoholic Beverage Control Department.

No material relative to adult businesses on the premises shall be displayed in window areas or any area where they can be viewed from the sidewalk in front of the building.

Adult Live Entertainment—Additional Operating Requirements. The following additional requirements shall pertain to adult businesses providing live entertainment. No person, association, partnership, or corporation shall engage in, conduct or carry on, or permit the operation of an adult business to engage in, conduct or carry on unless all of the following requirements are met:

No employee, owner, operator, responsible managing employee, manager or permittee of such use shall allow any person below the age of eighteen (18) years upon the premises or within the confines if no liquor is served, or under the age of twenty-one (21) if liquor is served.

Except as provided below, no performer then performing adult live entertainment characterized by the exposure of specified anatomical areas or specified sexual activities shall perform such adult live entertainment at an adult business except upon a permanently fixed stage at least eighteen (18) inches above the level of the floor surrounded by a railing at least thirty (30) inches high which railing is set back from the outside edges of the stage by six (6) feet. The performer then performing live entertainment characterized by the exposure of specified anatomical areas or specified sexual activities shall only perform such live entertainment six (6) feet or more from a patron while the performer is so performing.

A performer shall only be permitted to perform off-stage adult live entertainment characterized by the exposure of specified anatomical areas or specified sexual activities when such performer is at least six (6) feet from a patron while the performer is so performing. This provision shall not apply to an individual viewing area where the performer is completely separated from the patron by a floor to ceiling permanent solid barrier enclosed on all sides such that access by the patron is not possible.

No performer then performing adult live entertainment characterized by the exposure of specified anatomical areas or specified sexual activities shall have physical contact with any patron, and no patron shall have physical contact with any performer, while the performer is performing on the premises. In addition, while on the premises, no performer shall have physical contact with a patron and no patron shall have physical contact with a performer, which physical contact involves the touching of the clothed or unclothed genitals, pubic area, buttocks, cleft or the buttocks, perineum, anal region, or female breast with any part or area of any other person's body either before or after

5. 6.

7. 8.

9. 10.

1. a.
b.
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2. K.

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any adult live entertainment by such performer. This prohibition does not extend to incidental touching. Patrons shall be advised of the separation and no touching requirements by signs conspicuously placed on the barrier between patrons and performers. If necessary, patrons shall also be advised of the separation and no touching requirements by employees or independent contractors of the adult business.

All employees, except therefrom performers while performing, shall, at a minimum while on or about the premises or tenant space, wear an opaque covering which covers their specified anatomical areas.

No performer then performing adult live entertainment characterized by the exposure of specified anatomical areas or specified sexual activities shall accept directly from a patron, and no patron shall directly hand to such performer any tip or gratuity, throw tips to performers, or place tips in the performers' costumes. Patrons shall be advised of these tipping and gratuity requirements by signs conspicuously placed on the premises. If necessary, patrons shall also be advised of the tipping and gratuity requirements by employees or independent contractors of the adult business.

The adult business shall provide dressing rooms for performers that are separated by gender and exclusively dedicated to the performers' use, and which the performers shall use. Same gender performers may share a dressing room. Patrons shall not be permitted in dressing rooms.

The adult business shall provide an entrance/exit for performers which is separate from the entrance/exit used by patrons, which the performers shall use at all times.

The adult 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 adult business shall provide a minimum three (3) 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. Nothing in this Section is intended to exempt the adult business from compliance with the provisions of Title 24 of the California Code of Regulations pertaining to handicapped accessibility.

Fixed rail(s) at least thirty (30) inches in height shall be maintained establishing the separations between performers and patrons required by this Subsection.

Adult Motion Picture Theater. An adult motion picture theater shall observe the following special requirements:

If the theater contains a hall or auditorium area, the area shall comply with each of the following provisions:

Have individual, separate seats, not couches, benches, or the like, to accommodate the maximum number of persons who may occupy the area;
Have a continuous main aisle alongside of the seating areas in order that each person seated in the areas shall be visible from the aisle at all times; and
Have a sign posted in a conspicuous place at or near each entrance to the hail or auditorium area which lists the maximum number of persons who may occupy the hall or auditorium area, which number shall not exceed the number of seats within the hail or auditorium area.

If an adult motion picture theater is designed to permit outdoor viewing by persons seated in automobiles, it shall have the motion picture screen so situated, or the perimeter of the establishment so fenced, that the material to be seen by those persons may not be seen from any public right-of-way, day care facility, park, school, or religious institution, as those terms are defined in this Chapter.

Regulation of Public Restroom Facilities. If the adult business is required to provide restrooms for patron use, it shall provide separate restroom facilities for male and female patrons. The restrooms shall be free from adult oriented material. Only one (1) person shall be allowed in each restroom at any time, unless otherwise required by law, in which case the adult business shall employ a restroom attendant of the same sex as the restroom users who shall be present in the public portion of the restroom during operating hours. The attendant shall ensure that no person of the opposite sex is permitted into the restroom, and that not more than one (1) person is permitted to enter a restroom stall, unless otherwise required by law, and that the restroom facilities are used only for their intended sanitary purposes. Access to restrooms for patron use shall not require passage through an area used as a dressing area by performers.

Trash. All interior trash cans shall be emptied into a single locked trash bin lined with a plastic bag at least once a day. 6806. - TRANSFER OF ADULT BUSINESSES OR ADULT BUSINESS REGULATORY PERMITS.

A permit holder shall not operate an adult business under the authority of an adult business regulatory permit at any place other than the address of the adult business stated in the application for the permit.

In the event of a transfer of ownership of the adult business or the adult business regulatory permit, the new owner shall be fully informed by the transferor' of the requirements of this Chapter, including the operational and development standards of Section 6805 and the provisions relating to adult business performer licenses including disqualification from certain criminal convictions pursuant to Sections 6804(J)(6) and 6703(C)(3).

B.
a.
b.
c.

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

In the event of a transfer of the adult business or the adult business regulatory permit, the transferee must provide the City with the following information at least thirty (30) days prior to the transfer.

No permit shall be transferred to a transferee with criminal convictions as set forth in Section 6804(J)(6). Such transfers are deemed to be null and void.

If the permit holder is a corporation and the corporation retains ownership of the business, the sale of the corporate stock shall not be considered a transfer of an adult business regulatory permit under this section. The new shareholders shall provide all information required under Section 6803(B)(4) within ten (10) working days of sale of stock. 6807. - DENIAL, SUSPENSION OR REVOCATION OF ADULT BUSINESS REGULATORY PERMITS/APPEAL PROCEDURE.

On determining that grounds for permit denial, suspension or revocation exist, the Officer shall furnish written notice of the permit action to the license holder or applicant (hereinafter "permit holder" shall also mean "permit applicant" or "applicant"). Such notice shall set forth the procedures for appeal, the pertinent Arcadia Municipal Code Sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the permit holder, or shall be delivered to the permit holder personally.

During any appeal to the Business License Review Board, the applicant or permit holder shall have the right to offer testimonial, documentary, and tangible evidence bearing upon the issues and may be represented by counsel. The Board shall not be bound by the formal rules of evidence.

Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness at the request of the licensee.

Extensions of time or continuances sought by a licensee shall not be considered delay on the part of the City or constitute failure by the City to provide for prompt decisions on license actions. If the Board finds and determines that there are grounds for denial, suspension or revocation, the Board shall impose one (1) of the following:

Denial of the permit or conditional granting of the permit; Suspension of the permit for a specified period of at least one (1) year; or Revocation of the permit.

The Board shall render a written decision that shall be hand delivered or overnight mailed to the permit holder within five (5) working days of the Board convening to render its decision.

A permit may be suspended or revoked based on the following causes arising from the acts or omissions of the permit holder, or an employee, agent, partner, director, stockholder with a ten percent (10%) or greater interest, or manager of the permittee (unless an entertainer is an employee, any entertainer shall be deemed to be an agent of the permittee for purposes of this Chapter):

The use or building, structure, equipment, or location used by the adult business fails to comply with applicable building, fire, electrical, plumbing, health, and those zoning requirements of the Arcadia Municipal Code or this Chapter relating to adult businesses, including the adult business development and operating standards contained in Section 6805.

The permit holder has failed to obtain or maintain all required City, County, and State licenses and permits.

The permit holder has made any false, misleading, or fraudulent statement of material fact in the application for an adult business regulatory permit.

The permit is being used to conduct an activity different from that for which it was issued.

The permit holder has failed to submit and/or update the information pertaining to performers in accordance with Section 6803(B)(8).

An adult business has been operated without a responsible adult on the premises, officially acting in the capacity of manager, at all times during which the business is open or operating.

That a permittee, including, but not limited to, an owner, partner, or shareholder with a ten percent (10%) or greater financial interest, or employee of an adult business, has pled guilty or nolo contendere or been convicted of an offense classified by this or any other state as a sex-related offense and: (a) less than two (2) years have elapsed since the date of conviction or the date of release from confinement of conviction to the date of application, whichever is the later date, if the conviction is a misdemeanor; (b) less than five (5) years have elapsed since the date of conviction or the date of release from confinement of conviction to the date of application, whichever is the later date, if the conviction is a felony; or (c) less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the conviction to the date of application, whichever is the later date, if the convictions are two (2) or more misdemeanors or combination of misdemeanor offenses occurring within any twenty-four (24) month period.

That an individual employed by the adult business has been convicted of two (2) or more sex-related offenses that occurred in or on the licensed premises within a twelve (12) month period and was an employee of the adult business at the time the offenses were committed.

That the use for which the approval was granted has ceased to exist or has been suspended for more than six (6) months.

That the transferee/new owner of an adult business or adult business regulatory permit fails to comply with the requirements of Section 6806.

11. a.
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d.
e.
f.

The permit holder, employee, agent, partner, director, stockholder with at least a ten percent (10%) interest in the business, or manager has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult business; or a permittee has been convicted of violating any of the following State laws on the premises of the adult business:

Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation.

Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur.

The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316, 318 of the California Penal Code.

Any act constituting a felony involving the sale, use, possession, or possession for sale of any controlled substance specified in Sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code.

Any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code.

An act or omission in violation of any of the requirements of this Chapter if such act or omission is with the knowledge, authorization, or approval of the permit holder or is as a result of the permit holder's negligent supervision of the employees of the adult facility. This includes the allowance of activities that are or become a public nuisance which includes the disruptive conduct of business patrons whether on or immediately off the premises where such patrons disturb the peace, obstruct traffic, damage property, engage in criminal conduct, violate the law and otherwise impair the free enjoyment of life and property.

In the event a permit is revoked (or suspended) pursuant to this Section, another adult business regulatory permit to operate an adult business shall not be granted to the permittee, or any other owner, manager, director, board member or immediate family member of any of the above within eighteen (18) months after the date of such revocation (or if suspended, during the period of suspension) or as otherwise ordered by the Business License Review Board.

Notwithstanding any other provision of this Code, the decision of the Business License Review Board on any suspension or revocation may be appealed to the City Council, pursuant to the procedures as explained in Section 6216.9. (Amended by Ord. 2263 adopted 12-1-09)
6808. - JUDICIAL REVIEW.

Decisions of the Business License Review Board may be appealed to the City Council pursuant to the procedures of Section 6216.9.

The time for a court challenge to a decision of the City Council under Sections 6702 and/or 6703 is governed by California Code of Civil Procedure § 1094.8.

Any applicant or license holder whose license has been denied, suspended, or revoked, pursuant to Sections 6702 and/or 6703 shall be afforded prompt judicial review of that decision as provided by California Code of Civil Procedure § 1094.8. (Amended by Ord. 2263 adopted 12-1-09)
6809. - DISPLAY OF ADULT BUSINESS REGULATORY PERMIT.

Every adult business shall display at all times during business hours the permit issued pursuant to the provisions of this Division for such adult business in a conspicuous place so that the same may be readily seen by all persons entering the adult business. 6810. - EMPLOYMENT OF AND SERVICES RENDERED TO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS PROHIBITED, TWENTY-ONE (21) IF ALCOHOLIC BEVERAGES ARE SERVED.

Employees. Employees of an adult business must be at least eighteen (18) years of age. It shall be unlawful for any owner, operator, manager, partner, director, officer, employee, or other person in charge of any adult business to employ, contract with, or otherwise retain any services in connection with the adult business with or from any person who is not at least eighteen (18) years of age. If alcoholic beverages are served at the adult business, employees of the adult business must be at least twenty-one (21) years of age. If alcoholic beverages are served at the adult business, it shall be unlawful for any owner, operator, manager, partner, director, officer, employee, or other person in charge of any adult business to employ, contract with, or otherwise retain any services in connection with the adult business with or from any person who is not twenty-one (21) years of age; and said persons shall exercise reasonable care in ascertaining the true age of persons seeking to contract with, be employed by, or otherwise service the adult business.

The provisions of this Subsection do not apply to service employees (e.g., janitors, repair and maintenance workers, or similar service workers) whose work is not conducted during the normal hours of operation as set forth in Section 6805.

Patrons. Patrons of an adult business must be at least eighteen (18) years of age. It shall be unlawful for any owner, operator, manager, partner, director, officer, employee, or other person in charge of any adult business to permit to enter or remain within the adult business any person who is not at least eighteen (18) years of age. If alcoholic beverages are served at the adult business, patrons must be at least twenty-one (21) years of age. If alcoholic beverages are served at the adult business, it shall be unlawful for any owner, operator, manager, partner, director, officer, employee, or other person in charge of any adult business to permit to enter or remain within the adult business any person who is not at least twenty-one (21) years of age; and said persons shall exercise reasonable care in ascertaining the true age of persons entering the adult business.

X-rated Movies. The selling, renting and/or displaying of movies, videotapes, digital video disks (DVDs), compact disks (CDs) and laser disks rated "X" or "NC-17" by the Motion Picture Association of America ("MPAA") shall be restricted to persons at least eighteen (18) years of age or older. If an establishment that is not otherwise prohibited from providing access to persons under eighteen (18) years of age sells, rents, or displays movies, videos, DVDs, CDs, or laser disks that have been rated "X" or rated "NC-17" by the MPAA, or which have not been submitted to the MPAA for a rating, and which consist of images that are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas, said movies, videos, DVDs, CDs, and laser disks shall be located in a specific section of the establishment from which persons under the age of eighteen (18) shall be prohibited. 6811. - INSPECTIONS.

Each permit applicant, permit holder, owner, operator, partner, director, officer, shareholder with a ten percent (10%) or greater interest, agent, employee or other person in charge of an adult business shall permit representatives of the Police Department, Health Department, Fire Department, Development Services Department, other City departments, to inspect the adult business for the purpose of insuring compliance with the law and the development and operating standards applicable to adult businesses at any time it is occupied or opened for business. Such inspections shall be conducted in a reasonable manner.
6812. - EMPLOYMENT OF PERFORMERS WITHOUT VALID LICENSE UNLAWFUL.

It shall be unlawful for any owner, operator, manager, permit holder, partner, director, officer, shareholder with a ten percent (10%) or greater interest, agent, employee or other person in charge of an adult business which provides live entertainment displaying specified anatomical areas or specified sexual activities to allow any person to perform such entertainment who is not in possession of a valid, un-revoked, un-suspended adult business performer license.
6813. - REGULATIONS NON-EXCLUSIVE.

The provisions of this Chapter regulating adult businesses are not intended to be exclusive, and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the City Council of the City of Arcadia; provided, however, that the provisions contained in Article VI, Chapters 1 through 6, inclusive, of the Arcadia Municipal Code shall be deemed superseded by these regulations in the event a business activity therein also meets the definitions contained in this Chapter. 6814. - VIOLATIONS.

Any owner, permit holder, operator, manager, employee or independent contractor of an adult business violating or permitting, counseling, or assisting the violation of any of these provisions regulating adult businesses shall be subject to any and all civil remedies, including without limitation permit revocation. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued.

The restrictions imposed pursuant to this Chapter are part of a regulatory licensing process, and do not constitute a criminal offense.

Notwithstanding any other provision of the Arcadia Municipal Code, the City does not impose a criminal penalty for violations of the provisions of this Chapter related to sexual conduct or activities.
6815. - PUBLIC NUISANCE.

In addition to the penalties set forth in Section 6814 above, any adult business which is operating in violation of these provisions regulating adult businesses is declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation. 6816. - SEVERABILITY.

If any section, subsection, paragraph, sentence, clause, or phrase of this Chapter and the Ordinance to which it is a part, or any part thereof is held for' any reason to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, the remaining sections, subsections, paragraphs, sentences, clauses, and phrases shall not be affected thereby. The City Council hereby declares that it would have adopted this Chapter and the Ordinance to which it is a part regardless of the fact that one or more sections, subsections, paragraphs, sentences, clauses, or phrases may be determined to be unconstitutional, invalid, or ineffective.

Attachment No. 3
Business License Review Board Minutes
and Staff Report, dated December 9, 2025

STAFF REPORT

DEVELOPMENT SERVICES DEPARTMENT

DATE: December 9, 2025

TO: Honorable Chair and Members of the Business License Review Board

FROM: Lisa Flores, Deputy Development Services Director Simon Vuong, Economic Development Manager

SUBJECT: RESOLUTION N O. 2179 RECOMMENDING THAT THE CITY COUNCIL APPROVE ORDINANCE NO. 2411 AMENDING ARTICLE VI OF THE

ARCADIA MUNICIPAL CODE REGARDING THE BUSINESSES,

PROFESSIONS, TRADES, AND OCCUPATIONS (BUSINESS LICENSE) CODE CEQA: Exempt
Recommendation: Adopt

SUMMARY

The Development Services Department is proposing to amend the Arcadia Municipal Code related to the City’s Businesses, Professions, Trades, and Occupations (referred to as the “Business License Code”). The Business License Code has been updated in a piecemeal fashion throughout the years, and this is the first comprehensive update in decades. The proposed amendments aim to modernize the Code, improve clarity and consistency, and ensure it aligns with current business practices and regulatory requirements.

It is recommended that the Business License Review Board adopt Resolution No. 2179 finding that the Business License Code Update (Ordinance No. 2411) is Categorically Exempt under the California Environmental Quality Act (“CEQA”) and forwarding a recommend ation to the City Council to approve the comprehensive update to Article VI of the Arcadia Municipal Code regarding Businesses, Professions, Trades and Occupations.

Business License Code Update
December 9, 2025

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BACKGROUND

The Business License Code has remained largely unchanged for many years, with modifications made only when necessary. Despite these limited updates, business owners and a pplicants have continued to receive consistent service without interruptions in the licensing process. Over time, new sections and definitions have been added gradually to reflect shifts in industry practices, societal and cultural trends, and emerging local issues. As businesses have evolved and increasingly resist rigid classification, th e City is now proposing a broader, more flexible approach to encompass a wider range of business types under this Update.

A full rewrite of the Business License Code has never occurred, largely because updating the code was viewed as a time-intensive undertaking, and the fact that the Code was outdated was not viewed as a hindrance to licensing practices . However, allowing a patchwork of outdated rules to persist is no longer good practice. A comprehensive code update is now needed to create a consistent framework for all businesses operating within the C ity. Many obsolete or overly specific provisions have lingered simply because they were easy to ignore, but that will be addressed by this update.

PROPOSAL

The Business License Code has been modernized to remove redundancies and outdated language, update business categories, and streamline structure and formatting to align with the City’s Development Code. This effort simplifies licensing, reflects current economic realities, and ensures the c ode keeps pace with the City’s evolving business environment. The goal is to make the business licensing process clear and to ensure effective compliance when enforcing its requirements.

The proposed update represents a near -complete reorganization, with significant restructuring and removal of obsolete sections. The final draft can be found under Attachment No. 1, with the original Code under Attachment No. 2. The changes were so extensive that producing a redline comparison is not feasible.

The Business License Division has been continually working on this update since 2022, coordinating with a consultant, Avenu Insights & Analytics, as well as the City’s attorney firm Best Best & Krieger LLP (BBK) for their guidance and feedback on changes to the Code.

Business License Code Update
December 9, 2025

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ANALYSIS

The update to the Business License Code is driven by the City’s commitment to maintain a streamlined, business-friendly process. While the current code generally functions well and has presented few challenges for businesses, modernizing the code will align it more closely with the City’s broader economic development goals.

This update removes outdated language and processes, clarifies licensing requirements, and eliminates unnecessary barriers, thereby creating a clearer, more efficient framework that supports both business growth and the City’s responsibility to protect public health, safety, and welfare.

The Business License Code requires full reorganization, clearer terminology, and improvements to the overall process. Staff have identified several issues that necessitate these amendments to ensure the code remains clear, efficient, and aligns with current best practices. The update will remove archaic procedures and simplify implementation as well.

Summary of Proposed Changes:

• Comprehensive reformatting and reorganization
• Consolidates business types into a table and simplifies related code provisions.
• Updates section numbering and sequencing for easier reference. • Clarifies taxes and fees for specific license types.
• Distinguishes between business licenses and business permits while reducing the number of permit categories.
• Adds explanatory language throughout for greater clarity. • Moves the definitions section toward the end for consistency.

Additional language was included to clarify the distinction between a business permit and a business license —where a permit authorizes certain activities, and a license grants permission for regulated ones. The number of permit categories was consolidated to simplify staff review. Overall, these revisions are administrative and organizational in nature, designed to reduce ambiguity, improve readability, and maintain the original intent of the code.

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Sections deleted or moved:

o Amusement and Game Machines (Was moved to the City’s Development Code)
o Firework Stands and Displays
o Keeping of Poultry and Animals
o Closing Out Sales
o Taxicabs
o Well Drilling
o Billboards
o Yard Sales (Was moved to the City’s Development Code in 2016) o Slaughterhouse
o Tip Sheet

The above sections were deleted because they are outdated, have never been used, are prohibited in the City, or are no longer applicable (e.g., Tip Sheets, Slaughterhouse, Keeping of Poultry and Animals, Closing Out Sales, Well Drilling).

Other sections, such as those related to Taxicabs, were removed because they are regulated by another entity, the California Public Utilities Commission. Additional topics, including Amusement and Game Machines, Billboards, and Yard Sales were relocated in 2016 and are now addressed in the Development Code.

Overhaul of appeal process

Previously, a decision by the Business License Officer could be appealed to the Business License Review Board, and that decision could, in turn, be appealed to the City Council. To simplify and modernize the process, the appeal procedure has been revised so that appeals are now heard directly by a Hearing Officer, who is the City Manager or their designee. The Hearing Officer’s decision is final and not subject to further appeal.

A two -tiered appeal process is uncommon. Most cities provide a single standard appeal, typically to the Hearing Officer, who is either the City Manager or their designee. Arcadia’s current process, which allows appeals to both the Business License Review Board (Planning Commission) and the City Council, is not typical. The proposed code update would eliminate the need for the Business License Review Board in this context, reducing the number of hearings required for relatively minor business license matters and aligning the City with standard practice.

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Overall, these changes are primarily administrative and are not expected to have a significant impact on existing or prospective businesses. Most updates concern internal processes and should not materially affect the public’s experience in obtaining a business license.

ENVIRONMENTAL ANALYSIS

The California Environmental Quality Act (CEQA) require s that certain projects be reviewed for environmental impacts and that environmental documents be prepared. The proposed update to the businesses, professions, trades and occupations, are exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the proposed municipal code amendments would not have a significant effect on the environment and, thus, are not subject to CEQA review.

PUBLIC COMMENTS/NOTICE

A public hearing notice for this item was published in the Arcadia Weekly on November 20, 2025, and posted at the City Clerk’s Office, City Council Chambers, at the Arcadia Library, and on the City’s Business License website on November 19, 2025. In addition, the Arcadia Chamber of Commerce and the Downtown Arcadia Improvement Association were specifically notified of the proposed changes , given their role in the local business community . As of December 5, 2025, no comments were received.

RECOMMENDATION

It is recommended that the Business License Review Board adopt Resolution No. 2179 finding that the Business License Code Update (Ordinance No. 2411) is Categorically Exempt under the California Environmental Quality Act (“CEQA”) and forwarding a recommendation to the City Council to approve the comprehensive update to Article VI of the Arcadia Municipal Code regarding Businesses, Professions, Trades and Occupations.

Business License Code Update
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Approved:

Lisa L. Flores
Deputy Development Services Director

Attachment No. 1: Resolution No. 2179 with Final Draft of the Business License Code Update
Attachment No. 2: Article VI of the Arcadia Municipal Code

Attachment No. 4
Preliminary Exemption Assessment

Preliminary Exemption Assessment FORM “A”

PRELIMINARY EXEMPTION ASSESSMENT

1. Name or description of project: ORDINANCE NO. 2411 AMENDING ARTICLE VI OF THE

ARCADIA MUNICIPAL CODE REGARDING THE

BUSINESSES, PROFESSIONS, TRADES, AND

OCCUPATIONS (BUSINESS LICENSE) CODE

2. Project Location – Identify street
address and cross streets or attach
a map showing project site
(preferably a USGS 15’ or 7 1/2’
topographical map identified by
quadrangle name):

Citywide

3. Entity or person undertaking
project:

A. City of Arcadia
B. Other (Private)
(1) Name
(2) Address

4. Staff Determination:

The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because:
a. The proposed action does not constitute a project under CEQA. b. The project is a Ministerial Project.
c. The project is an Emergency Project.
d. The project constitutes a feasibility or planning study. e. The project is categorically exempt.

Applicable Exemption Class:
f. The project is statutorily exempt.

Applicable Exemption:
g. The project is otherwise
exempt on the following basis:
15061(b)(3) – Class 1 (Common sense exemption)
h. The project involves another public agency which constitutes the Lead Agency.

Name of Lead Agency:

Date: November 10, 2025 Staff: Simon Vuong, Economic Development Manager

Arcadia City CouncilJanuary 20, 2026

Arcadia City Council
January 20, 2026