Story Published:
Oct 22, 2009 at 12:11 PM PDT
Story Updated:
Oct 22, 2009 at 12:11 PM PDT
SOUTH GATE — The city will drop its ordinance against adult bookstores in exchange for a broader law regulating adult-oriented businesses and entertainment.
It also will set up new standards for game arcades.
The City Council approved the revised laws after public hearings Oct. 13 and is expected to take final action on both Tuesday.
A main requirement now will be the need for a business permit.
Steven Lefever, director of community development, said the new adult business ordinance updates the one approved in 1993 and follows a study of recent court rulings.
He said the new ordinance protects the city against illegal sexual activities but upholds the First Amendment which allows operation of adult-oriented businesses per court rulings.
The current law allows adult businesses in certain zone classifications after City Council approval of an operating permit.
The new law provides more detailed operating requirements but does not change the zone regulations.
Lefever said that the new ordinance keeps in mind that adult businesses could “create potentially serious and deleterious secondary effects in the South Gate community.”
Those secondary effects could include crime, blight and the spreading of sexually transmitted disease, Lefever said in a written report to the City Council.
New requirements will include a city permit for businesses, owners and managers and their employees, and background checks for all.
The broader law covers adult bookstores but adds adult arcades, cabarets or nightclubs which regularly feature persons who appear to be nude or semi-nude, businesses which show slides, computer images or videos of sexual activities and adult merchandise stores where sexually oriented implements and paraphernalia are sold.
It also includes modeling studios, movie theaters showing adult films and live performers.
Under the ordinance, a business would be considered adult-oriented if 30 percent or more of its display area is devoted to sexual activities or features.
Also, an adult-oriented business may not be within 1,000 feet of another such business or 1,500 feet from a shopping center.
Businesses selling adult-oriented materials must be at least 1,000 square feet in size. Businesses which feature live entertainment must be at least 3,000 square feet, the ordinance states.
Restrooms must be provided but may not contain video or television equipment.
Adult-oriented businesses with live entertainment must provide at least two state-certified security guards. One such guard is needed if there is no live entertainment.
Adult-oriented entertainers must perform on a stage at least 18 inches high and 10 feet from the nearest customer. All such customers must be at least 18 years old.
The second ordinance tentatively approved deals with amusement arcades offering coin-operated games.
Officials say standards for coin-operated game arcades also protect public safety and well-being but gives merchants an opportunity for additional services from their businesses.
The arcade rules pertain to any business with four or more coin-operated games which must be games of skill or amusement.
Permits also are needed. The Planning Commission will determine an appropriate location for a game arcade and whether it fits in with surrounding uses, Lefever said.
Game arcade rules prohibit anyone under the age of 16 from playing between the hours of 8 a.m. and 2 p.m. (school hours) Monday through Friday and after 10 p.m. daily unless accompanied by an adult or guardian. However, the time periods do not apply during holidays and vacations.
Owners and employees of game arcades also must pass restrictions for a permit including no prior drug-related convictions for the past 10 years and no child abuse related convictions at all.
Each amusement arcade must provide one off-street parking space for every 100 square feet of floor space. No gambling of dancing is permitted at such arcades.