LA County Counsel Releases Report on Ballot Measure B

IMPARTIAL ANALYSIS OF MEASURE B
By John F. Krattli, County Counsel

Measure B is a citizens’ initiative measure that qualified for placement on the ballot based upon a sufficient number of registered voters signing a petition proposing this ballot measure. If approved by the voters, the measure would adopt an ordinance amending the Los Angeles County Code, adding Chapter 11.39, entitled “Adult Films,” to Title 11, Health and Safety, and amending Section 22.56.1925 to Title 22, Zoning. To the extent provided by State law, the measure is intended to be applicable throughout the County.

The proposed amendment would require producers of adult films to obtain a public health permit from the Los Angeles County Department of Public Health (the “Department”) in order to engage in the production of adult films for commercial purposes, and to pay a permit fee set by the Department to offset the cost of enforcement. The measure would require the use of condoms for all acts of anal or vaginal sex during the production of adult films, as well as the posting of both the public health permit and a notice to performers regarding condom use. Producers are required to provide a written exposure control plan describing how the ordinance will be implemented. A “producer” means any person or entity that produces, finances or directs adult films for commercial purposes.

Violation of the ordinance would be subject to both civil fines and criminal misdemeanor charges. The Department would be authorized to enforce the provisions of the ordinance, including suspending or revoking the public health permit due to violations of the ordinance, or any other law including applicable provisions of the Health and Safety Code, blood borne pathogen standard, California Code of Regulations, or the exposure plan of the producer. Suspension or revocation of the public health permit requires notice and an opportunity for an administrative review, unless the Department found or reasonably suspected immediate danger to the public health and safety, in which case the Department could immediately suspend or revoke the public health permit, initiate a criminal complaint, or issue a fine, pending an administrative hearing.

The measure, if approved by the voters, may only be repealed by a subsequent vote of the electors or by an amendment of the Los Angeles County Charter superseding the ordinance. The Board of Supervisors is authorized to amend the ordinance by a majority vote in order to further the purposes of the measure. This measure requires a majority vote of the qualified voters in the County of Los Angeles who cast votes in the election.

NOTICE TO VOTERS

The above statement is an impartial analysis of Measure B. If you desire a copy of the proposed ordinance, please call the elections official’s office at (562) 466-1310 and a copy will be mailed at no cost to you. You may also access this information on the county website at http://www.lavote.net.

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