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HomeMy WebLinkAbout2009-10-06; City Council; 19983; Adult business licenses CMC amendmentCITY OF CARLSBAD - AGENDA BILL AB# 19,983 MTG. 10/06/09 DEPT.PLN ADULT BUSINESS LICENSES MUNICIPAL CODE AMENDMENT (MCA) 09-01 DEPT. HEAD CITY ATTY. CITY MGR. RECOMMENDED ACTION: That the City Council INTRODUCE Ordinance No. CS-062 _, APPROVING an amendment to Municipal Code Chapter 8.60 (Municipal Code Amendment MCA 09-01) to specify that an adult business license may be denied, suspended or revoked based on the license applicant's/holder's history of misdemeanor or felony sex-related convictions, based upon the findings contained therein. ITEM EXPLANATION: This proposal consists of a City-initiated amendment to Carlsbad Municipal Code (CMC) Chapter 8.60 (Adult Business Licenses and Operating Regulations) to establish that: • An adult business license shall not be issued if the license applicant does not provide a verified statement to confirm that the applicant has not been convicted of a sex-related offense within an amount of time specified in the ordinance. • Adult business owners/license holders must annually submit verification to the city indicating there has been no change with respect to the owners/license holders being convicted of sex-related offenses. • An adult business license may be suspended or revoked if the owner/license holder has made a plea of guilty or nolo contendere to or been convicted of a sex-related offense. This proposal will ensure that adult business owners/license holders remain in compliance with the restrictions on their ability to operate an adult business if they are convicted of a sex-related offense. The amendment to CMC Chapter 8.60 is related to, but not dependent upon, a proposed amendment to CMC Chapter 21.43 (Adult Business Ordinance - ZCA 06-02/LCPA 06-04), which consists of an update to the location requirements for adult businesses. The description and analysis of ZCA 06-02/LCPA 06-04 is provided in a separate agenda bill item on the same agenda as MCA 09-01. FISCAL IMPACT: No fiscal impacts to the City have been identified. DEPARTMENT CONTACT: Kevin Pointer 760-602-4620 kevin.pointer@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED *D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES D D D D Page 2 ENVIRONMENTAL IMPACT: The proposed amendments are exempt from environmental review pursuant to CEQA Section 15061(b)(3), which exempts projects, "where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." The proposed amendment is minor in nature in that it specifies that an adult business license may be denied, suspended or revoked based on the license applicant's/holder's history of misdemeanor or felony sex or sex-related convictions, which will not result in a significant effect on the environment. A notice of exemption will be filed with the County Clerk upon approval of the project. EXHIBITS: 1. City Council Ordinance No. CS-062 2. Exhibit "Y" strikeout and bold/underline version of the proposed Municipal Code text amendment 3. Index of all cases in support of ordinance. EXHIBIT 1 1 ORDINANCE NO. CS-062 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA AMENDING TITLE 8 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING CHAPTER 8.60 4 TO SPECIFY THAT AN ADULT BUSINESS LICENSE MAY BE DENIED, SUSPENDED OR REVOKED BASED ON THE 5 LICENSE APPLICANT'S/HOLDER'S HISTORY OF MISDEMEANOR OR FELONY SEX-RELATED 6 CONVICTIONS. 7 CASE NAME: ADULT BUSINESS LICENSES CASE NO.: MCA 09-01 8 SECTION I. FINDINGS. The City Council of the City of Carlsbad hereby finds, 9 determines, and declares that: 10 A. In recognition of the negative secondary effects generated by live adult 11 entertainment establishments, a number of courts have upheld ordinances which require that 12 employees, as well as the owners and managers of such establishments submit background information on criminal convictions related to relatively recent sexual offenses so that a public 15 entity can assess an individual's ability to function responsibly in the adult business setting. See 16 TK's Video, Inc. v. Denton County, Tex., 24 F.3d 705, 710 (5th Cir. 1994); and see Club 17 Southern Burlesque, Inc. v. City of Carrolton, 265 Ga. 528, 532, 457 S.E.2d 816 (1995). This 18 includes not only the applicant for an adult business license, but individuals who work in adult 19 businesses during regular business hours as performers and non-performers where the criminal 20 background check is limited to a period of no more than five (5) years immediately preceding 21 the date of application. See Doctor John's, Inc. v. City of Roy, 465 F.3d 1150, 1171 (10th Cir. 22 2006); McCrothers Corp. d/b/a Tree City Bar, et a/, v. City of Madan, 728 N.W.2d 124 (2007); 23 Tee & Bee v. City of West Allis, 936 F.Supp. 1479, 1487 (E.D. Wis. 1996); Club Southern 24 Burlesque, Inc., 265 Ga. at 532. 25 B. The City Council, in adopting operational standards, recognizes that the 26 requirement for disclosure of recent criminal activity is to be narrowly tailored and to impose no 27 greater restriction on First Amendment freedoms than is necessary to minimize the secondary 28 harms stated in the ordinance. See TK's Video v. Denton County, 830 F.Supp. 335, 343 (E.D. Tex. 1993), vac'd-in part on other grounds, 24 F.3d 705 (5th Cir. 1994). C, When, as with this ordinance, the civil disability provision of an adult- 2 oriented business ordinance is tailored to apply to sex-related crimes only, the "relationship between the offense and the evil to be regulated is direct and substantial." FW/PBS, Inc. v. City 4 of Dallas, 837 F.2d 1298, 1305 (5th Cir. 1988) and affirmed in part and vacated in part in 5 FW/PBS, Inc. v. City of Dallas, 493 U.S. 215; see also TK's Video, 24 F.3d at 711 and see Deja 6 Vu of Nashville, Inc. v. Metro Gov't of Nashville and Davidson County, 274 F.3d at 392 (6th Cir. 7 2001); Brownell v. City of Rochester, 190 F. Supp.2d 472, 494-96 (W.D.N.Y. 2001); Tee & Bee,8 936F.Supp. at 1490. 10 D. Carlsbad adopts the reasoning of courts finding that "Certain employees 11 of unregulated sexually oriented businesses . . . engage in higher incidence of certain types of 12 illicit sexual behavior than employees of other establishments" and has a reasonable basis to 13 believe this reasoning is applicable in the Carlsbad community. Further, the "fact that an 14 applicant for an adult use permit has been convicted of a sexually related crime leads to the 15 rational assumption that the applicant may engage in that conduct in contravention of this 16 ordinance." Hence, "[t]he barring of such individuals from employment in sexually oriented 17 businesses for a specified period of years serves to prevent distribution of illegal material, to 1 8 prevent conduct which leads to the transmission of sexually transmitted diseases, and to 19 preclude the establishment of criminal enterprises within the City." Dr. John's at 1171 n. 30.1288124.1. 21 E. That the findings of the City Council set forth in City Council Ordinance 22 No. NS-761 (on file in the City Clerk's Office) are made a part hereof by reference. 23 SECTION II. AMENDMENT OF CODE. The title and headings of Chapter 8.60 24 of the Carlsbad Municipal Code are amended to read as follows:25 Chapter 8.6026 2? ADULT BUSINESS LICENSES AND OPERATING REGULATIONS 28 Sections: 8.60.010 Purpose. 8.60.020 Definitions. 8.60.030 Operating standards.q 8.60.040 Adult business license. 2 8.60.050 Felony and misdemeanor convictions. 8.60.060 Adult business license applications. 3 8.60.070 Transfer of adult business license. 8.60.080 Appeal procedures. 4 8.60.090 Suspension or revocation of adult business license. 8.60.100 Employment of and services rendered to persons under the age of eighteen 5 years prohibited; twenty-one if liquor is served. 8.60.110 Regulations non-exclusive. 6 8.60.120 Violations. 8.60.130 Public nuisance. 7 8.60.140 Severability. 8 SECTION III. AMENDMENT OF CODE. Section 8.60.050 of the Carlsbad Municipal Code is amended to read as follows: 8.60.050 Felony and misdemeanor convictions. A. An application for an adult business license shall include a signed and verified statement made by the applicant that the license applicant, if an individual, or by all of the 12 partners, officers, directors, if an L.L.C., partnership or corporation, declaring that none of them has pled guilty or nolo contendere or been convicted of an offense classified by this or any other 13 state as a sex or sex-related offense, and: (1) more than two years have elapsed since the date of conviction or the date of release from confinement of conviction to the date of application, 14 whichever is the later date, if the conviction is a misdemeanor; or (2) more than five years have elapsed since the date of conviction or the date of release from confinement of conviction to the 15 date of application, whichever is the later date, if the conviction is a felony; or (3) more than five years have elapsed since the date of the last conviction or the date of release from confinement 16 for the conviction to the date of application, whichever is the later date, if the convictions are two or more misdemeanors or combination of misdemeanor offenses occurring within any twenty- 17 four month period. B. The adult business owner/license holder shall annually submit a signed and verified statement and processing fee to the chief of police declaring that there has been no change with respect to the owner/license holder having within this state or any other state: (1) pled guilty or nolo contendere of a sex or sex-related offense, or (2) been convicted of a sex or 20 sex-related offense. Any plea of guilty or nolo contendere to or conviction of a sex or sex- related offense may be grounds for suspension or revocation of the adult business license, 21 subject to section 8.60.090 of this chapter. 22 SECTION IV. AMENDMENT OF CODE. Section 8.60.06'OJ of the Carlsbad 23 Municipal Code is amended to read as follows: 24 j. The chief of police shall deny the application if the applicant fails to establish any of the following: 25 1. The adult business complies with the city's zoning requirements as to its underlying zoning designation. " 2. The adult business complies with the development, operational or performance standards found in this chapter. 3. The license applicant is at least eighteen years of age. 4. The required application fees have been paid. 5. The application complies with Section 8.60.040 (status of an L.L.C.). 6. The license applicant complies with section 8.60.050A of this chapter. -3- 1 SECTION V. AMENDMENT OF CODE. Section 8.60.090B of the Carlsbad 2 Municipal Code is amended to read as follows: B. A license may be suspended or revoked based on the following causes 4 arising from the acts or omissions of the license holder, or an employee, independent contractor, partner, director, or manager of the license holder: 5 1. The building, structure, equipment, or location used by the adult business fails to comply with all provisions of these regulations and this section relating to adult 6 businesses, including the adult business operational standards contained in Section 8.60.030 and the zoning requirements of Chapter 21.43, and all other applicable building, fire, electrical, 7 plumbing, health, and zoning requirements of this code. 2. The license holder has failed to obtain or maintain all required city licenses. 3. The license holder has made any false, misleading, or fraudulent statement of material fact in the application for an adult business license. 4. The license is being used to conduct an activity different from that for which it was issued. 5. That an individual employed by, or performing in, the adult business (whether classified as an employee or independent contractor) has been convicted of two or 12 more sex-related offenses that occurred in or on the licensed premises within a twelve month period and was employed by, or performing in, the adult business at the time the offenses were 13 committed. 6. That the use for which the approval was granted has ceased to exist or 14 has been suspended for six months or more. 7. The license holder has: 15 (i) Within the past two years, pled guilty or nolo contendere, or been convicted of, or released from confinement of conviction of, whichever is the later date, an 16 offense classified by this or any other state as a sex or sex-related offense, if the conviction is a misdemeanor; or (ii) Within the past five years, pled guilty or nolo contendere, or been convicted of, or released from confinement of conviction of, whichever is the later date, an offense classified by this or any other state as a sex or sex-related offense, if the conviction is a felony; or (iii) Within the past five years, pled guilty or nolo contendere, or been 20 convicted of, or released from confinement of conviction of, whichever is the later date, two or more offenses classified by this or any other state as sex or sex-related offenses if the 21 convictions are two or more misdemeanors or combination of misdemeanor offenses occurring within any twenty-four month period. 22 8. That the transferee/new owner of an adult business or adult business license failed to comply with the requirements of this chapter. 23 9. The license holder, partner, director, or manager has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the 24 following on the premises of the adult business; or a licensee has been convicted of violating any of the following state laws on the premises of the adult business: 25 (j) Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation. (ii) Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur. (iii) Any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code. (iv) The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316 and 318 of the California Penal Code. (v) Any act constituting a violation of provisions in the California Penal Code -4- relating to obscene matter or distribution of harmful matter to minors, including, but not limited 2 to, Sections 31 1 through 31 3.4. (vi) Any act constituting a felony involving the sale, use, possession, or 3 possession for sale of any controlled substance specified in Sections 11054, 11055, 11056, 1 1057, or 1 1058 of the California Health & Safety Code. 4 (vii) 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 license holder or is 5 as a result of the license holder's negligent supervision of the employees or independent contractors of the adult facility. This includes the allowance of activities that are or become a 6 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 7 property, engage in criminal conduct, violate the law and otherwise impair the free enjoyment of life and property. 8 SECTION VI. EFFECTIVE DATE. This Ordinance shall be effective no sooner than thirty (30) days after its adoption and the City Clerk shall certify the adoption of this Ordinance and cause it to be published at least once in a newspaper of general circulation in 12 the City of Carlsbad within fifteen (15) days after its adoption. 13 /// 14 /// 15 /// 16 /// 17 18 19 /// 20 21 '" 22 /// 23 24 /// 25 26 27 /// 28 -5- 1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on 2 the 6th day of October. 2009, and thereafter. 3 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the 4 City of Carlsbad on the day of , 2009, by the following vote to wit: 5 6 AYES: 7 NOES: 8 ABSENT: 9 ABSTAIN: 10 11 APPROVED AS TO FORM AND LEGALITY 12 13 14 RONALD R. BALL, City Attorney 15 16 CLAUDE A LEWIS, Mayor 17 18 ATTEST: 19 20 LORRAINE M. WOOD, City Clerk 21 (SEAL) 22" 23 24 25 26 27 28 EXHIBIT Y EXHIBIT 2 MCA 09-01 -ADULT BUSINESS LICENSES STRIKE OUT/BOLD-UNDERLINE VERSION OF AMENDMENTS TO: MUNICIPAL CODE CHAPTER 8.60 (ADULT BUSINESS LICENSES AND OPERATING REGULATIONS) The title and headings of Municipal Code Chapter 8.60 (Adult Business Licenses and Operating Regulations) are proposed to be amended, as follows: • -' - '* •. Chapter 8.60 ADULT BUSINESS LICENSES AND OPERATING REGULATIONS Sections: 8.60.010 Purpose. 8.60.020 Definitions. 8.60.030 Operating standards. 8.60.040 Adult business license. 8.60.050 Felony and misdemeanor convictions. 8.60.060 Adult business license applications. 8.60.070 Transfer of adult business license. 8.60.080 Appeal procedures. 8.60.090 Suspension or revocation of adult business license. 8.60.100 Employment of and services rendered to persons under the age of eighteen years prohibited; twenty-one if liquor is served. 8.60.110 Regulations non-exclusive. 8.60.120 Violations. 8.60.130 Public nuisance. 8.60.140 Severability. Municipal Code Section 8.60.050 (Adult Business Licenses and Operating Resiil|Jiojis» Felony Convictions) is proposed to be amended, as follows: t i. < * 8.60.050 Felony and misdemeanor convictions. A. An application for an adult business license shall include aA signed and verified statement made by the applicant that the license applicant, if an individual, or by all of the partners, officers, directors, if an L.L.C., partnership or corporation, declaring that none of them 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: (la) more than two 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 (2b) more than five 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 (3e) more than five 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 or more misdemeanors or combination of misdemeanor offenses occurring within any twenty-four month period. B. The adult business owner/license holder shall annually submit a signed and 1 EXHIBIT Y MCA 09-01 -ADULT BUSINESS LICENSES STRIKE OUT/BOLD-UNDERLINE VERSION OF AMENDMENTS TO: MUNICIPAL CODE CHAPTER 8.60 (ADULT BUSINESS LICENSES AND OPERATING REGULATIONS) verified statement and processing fee to the chief of police declaring that there has been no change with respect to the owner/license holder having within this state or any other state: (1) pled guilty or nolo contcnderc of a sex or sex-related offense, or (2) been convicted of a sex or sex-related offense. Any plea of guilty or nolo contendere to or conviction of a sex or sex-related offense may be grounds for suspension or revocation of the adult business license, subject to section 8.60.090 of this chapter. Municipal Code Section 8.60.06QJ (Adult Business Licenses and Operating Regulations, Adult business license applications) is proposed to be amended, as follows: J. The chief of police shall deny the application if the applicant fails to establish any of the following: 1. The adult business complies with the city's zoning requirements as to its underlying zoning designation. 2. The adult business complies with the development, operational or performance standards found in this chapter. 3. The license applicant is at least eighteen years of age. 4. The required application fees have been paid. 5. The application complies with Section 8.60.040 (status of an L.L.C.). 6. The license applicant complies with section 8.60.050A of this chapter. Municipal Code Section 8.60.090B (Adult Business Licenses and Operating Regulations, Suspension or revocation of adult business license) is proposed to be amended, as follows: B. A license may be suspended or revoked based on the following causes arising from the acts or omissions of the license holder, or an employee, independent contractor, partner, director, or manager of the license holder: 1. The building, structure, equipment, or location used by the adult business fails to comply with all provisions of these regulations and this section relating to adult businesses, including the adult business operational standards contained in Section 8.60.030 and the zoning requirements of Chapter 21.43, and all other applicable building, fire, electrical, plumbing, health, and zoning requirements of this code. 2. The license holder has failed to obtain or maintain all required city licenses. 3. The license holder has made any false, misleading, or fraudulent statement of material fact in the application for an adult business license. 4. The license is being used to conduct an activity different from that for which it was issued. 5. That an individual employed by, or performing in, the adult business (whether classified as an employee or independent contractor) has been convicted of two or more sex- related offenses that occurred in or on the licensed premises within a twelve month period and EXHIBIT Y MCA 09-01 -ADULT BUSINESS LICENSES STRIKE OUT/BOLD-UNDERLINE VERSION OF AMENDMENTS TO: MUNICIPAL CODE CHAPTER 8.60 (ADULT BUSINESS LICENSES AND OPERATING REGULATIONS) was employed by, or performing in, the adult business at the time the offenses were committed. 6. That the use for which the approval was granted has ceased to exist or has been suspended for six months or more. 7. The license holder has: (i) Within the past two years, pled guilty or nolo contendere, or been convicted of, or released from confinement of conviction of, whichever is the later date, an offense classified by this or any other state as a sex or sex-related offense, if the conviction is a misdemeanor; or (ii) Within the past five years, pled guilty or nolo contendere, or been convicted of, or released from confinement of conviction of, whichever is the later date, an offense classified by this or any other state as a sex or sex-related offense, if the conviction is a felony; or (in) Within the past five years, pled guilty or nolo contendere, or been convicted of, or released from confinement of conviction of, whichever is the later date, two or more offenses classified by this or any other state as sex or sex-related offenses if the convictions are two or more misdemeanors or combination of misdemeanor offenses occurring within any twenty-four month period. 87. That the transferee/new owner of an adult business or adult business license failed to comply with the requirements of this chapter. 9£. The license holder, partner, director, 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 licensee has been convicted of violating any of the following state laws on the premises of the adult business: (i) Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation. (ii) Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur. (iii) Any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code. « (iv) The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316 and 318 of the California Penal Code. (v) Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including, but not limited to, Sections 311 through 313.4. (vi) 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 & Safety Code. (vii) 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 license holder or is as a result of the license holder's negligent supervision of the employees or independent contractors 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. EXHIBIT 3 City of Carlsbad Supplemental Exhibits to Staff Report to City Council September 15,2009 Volume VI Published Cases 52. Brownwell v. City of Rochester, 109 F.Supp.2d 472 (W.D.N.Y. 2001) 53. Club Southern Burlesque, Inc. v. City ofCarrolton, 265 Ga. 528,457 S.E.2d 816 (1995) 54. Dijiii Vu of Nashville, Inc. v. Metro Government of Nashville and Davidson County, 274 F.3d 377 (6th Cir. 2001) 55. FW/PBS, Inc. v. City of Dallas, 837 F.3d 1298 (5th Cir. 1988) 56. McCrothers Corp. d/b/a Tree City Bar v. City ofMadan, 728 N.W.2d 124 (2007) NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, October 6, 2009, to consider amending Chapter 8.60 of the Carlsbad Municipal Code to specify that an adult business license may be denied, suspended or revoked based on the license applicant's holder's history of misdemeanor or felony sex-related convictions Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after October 2, 2009. If you have any questions, please call Kevin Pointer in the Planning Department at (760) 602-4620. If you challenge the Municipal Code Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad. Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: MCA 09-01 CASE NAME: ADULT BUSINESS LICENSES MUNICIPAL CODE AMENDMENT PUBLISH: September 26, 2009 CITY OF CARLSBAD CITY COUNCIL Hoiue6jeip ap suas ®091S ®AH3AV )ueqe6 a| ja|ad e saipej. CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AVE SAN MARCOS CA 92069 ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DISTRICT 701 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DIST TIM JOCHEN 1960 LA COSTA AVE CARLSBAD CA 92009 OLIVENHAIN WATER DISTRICT 1966OLIVENHAINRD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 600 EUCALYPTUS AVE VISTA CA 92084 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AV SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 SD COUNTY PLANNING STEB 5201 RUFFIN RD SAN DIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 ATTN TEDANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER CITY OF CARLSBAD PROJECT PLANNER SCOTT MOLLOY - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 |sad Aseg uojprujsui jadej ®091S 31\ndW31 ®A«AV asp siaqei i33d Xseq a||maj B| a| zasijjir ja|ad e sajpej. sauanbji; BUREAU OF INDIAN AFFAIRS 2800 COTTAGE WAY SACRAMENTO CA 95825 BUSINESS, TRANS & HSG AGENCY STE 2450 980 NINTH ST SACRAMENTO CA 95814 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108 CANNEL ISLANDS NATL PARK SUPERINTENDENT'S OFFICE 1901 SPINNAKER DR SAN GUENA VENTURA CA 93001 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 COASTAL CONSERVANCY STE 1100 1330 BROADWAY OAKLAND CA 94612 COUNTY OF SD SUPERVISOR RM335 1600 PACIFIC SAN DIEGO CA 92101 DEPT OF DEFENSE LOS ANGELES DISTENG PO BOX 2711 LOS ANGELES CA 90053 DEPT OF ENERGY STE 400 611 RYAN PLZDR ARLINGTON TX 760114005 DEPT OF ENERGY STE 350 901 MARKET ST SAN FRANCISCO CA 94103 DEPT OF FISH & GAME ENV SERV DIV PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF FOOD & AGRICULTURE AGRICULTURAL RESOURCES RM100 1220 N ST SACRAMENTO CA 95814 DEPT OF FORESTRY ENV COORD PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF HOUSING & URBAN DEV 600 HARRISON ST SAN FRANCISCO CA 94107 DEPT OF JUSTICE DEPTOFATTYGEN RM700 110 WEST AST SAN DIEGO CA 92101 DEPT OF TRANSPORTATION RM 5504 1120NST SACRAMENTO CA 95814 FED AVIATION ADMIN WESTERN REG PO BOX 92007 LOS ANGELES CA MARINE RESOURCES REG DR & G ENV SERVICES SPR STEJ 4665 LAMPSON AVE LOSALAMITOSCA 907205139 OFF OF PLANNING & RESEARCH OFF OF LOCAL GOV AFFAIRS PO BOX 3044 SACRAMENTO CA 958123044 SAN FRANCISCO BAY CONSERV & DEV COM STE 2600 50 CALIFORNIA ST SAN FRANCISCO CA 941114704 SANDAG EXEC DIRECTOR STE 800 1STINTLPLZ401BST SAN DIEGO CA 92101 SD COUNTY PLANNING & LAND USE DEPT STE B-5 5201 RUFFIN RD SAN DIEGO CA 92123 SDGE 8315 CENTURY PARK CT SAN DIEGO CA 92123 STATE LANDS COMMISSION STE 1005 100 HOWE AV SACRAMENTO CA 958258202 US ARMY CORPS OF ENGINEER 1455 MARKET ST FL 17 SAN FRANCISCO CA 94103 US BUREAU OF LAND MGMT STE RM W 2800 COTTAGE WY SACRAMENTO CA 95825 US BUREAU OF RECLAMATION MID PACIFIC REG 2800 COTTAGE WY SACRAMENTO CA 95825 US FISH & WILDLIFE SERVICES 2800 COTTAGE WAY STE W-2605 SACRAMENTO CA 95825 USDA RURAL DEVELOPMENT DEPT 4169 430 G ST DAVIS CA 95606 WATER RESOURCES CONTROL BOARD PO BOX 100 SACRAMENTO CA 95801 |aad Aseg JDJ. UOJIDIUJSUI aas jaded paajY ®091S 3.LVldlAI31 |aad Aseg <"""-K~™~,- geJonft.enlace,sdnra P.O. Box 120191, San Diego, CA 92112-0191 AFFIDAVIT OF PUBLICATION CITY OF CARLSBAD 1635 FARADAY AVENUE ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92008 STATE OF CALIFORNIA} ss. County of San Diego} The Undersigned, declares under penalty of perjury under the laws of the State of California: That she is a resident of the County of San Diego. That she is and at all times herein mentioned was a citizen of the United States, over the age of twenty-one years, and that she is not a party to, nor interested in the above entitled matter; that she is Chief Clerk for the publisher of The San Diego Union-Tribune a newspaper of general circulation , printed and published daily in the City of San Diego, County of San Diego, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all the times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of San Diego, County of San Diego, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to, and which newspaper is not devoted to nor published for the interests, entertainment or instruction of a particular class, profession, trade, calling, race, or denomination, or any number of same; that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following date, to-wit Sep 26, 2009 Chief Clerkfc- th^fiblisher Date NOTICE OF PUBLIC HEARING r^»ttk»p^h^fc*^mtlkMtoMittwitW CASEFILS MCA OKU l*T«»dK)lb»Citf rfCuMxd Attt: City CTIT OP CARLSBAD orroomaL Affidavit of Publication of Legal Advertisement Ad# 0010296197 ORDERED BY: SHERRY FREISINGER MCA 09-01 Requires adult business license holders to annually submit statement confirming that no new disqualifying convictions for sex-related offenses have occurred. Provides the police chief with the authority to deny, suspend or revoke an adult business license if a license holder is convicted of a sex-related offense. That the City Council INTRODUCE Ordinance No. CS-062,APPROVING the proposed amendment to the Municipal Code regarding the convictions of sex-related offenses for adult business license applicants and license holders.