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L.A. City Council Votes to Allow County to Enforce Safer Sex Act

L.A. City Council Votes to Allow County to Enforce Safer Sex Act
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Jun 11, 2013 11:45 AM PDT    Text size: 

LOS ANGELES — The Los Angeles City Council voted today to amend the city's Safer Sex in the Adult Film Industry Act to include the language and intent of Measure B and grant the city the right to collect fees sufficient to enforce the ordinance. They also voted to give the county power to enforce the newly amended law.

Nobody spoke against or in favor of the amendment. All members present voted in favor of the proposed changes.

The ordinance, also known as Section 12.22.1, now includes language that requires permitees to use “barrier protection, including condoms, to shield performers from blood or other potentially infectious material during the production of films.”

It also includes the following passage, “The city may charge, or may direct any other person or entity contracting with the city to administer the film permitting process to charge, entertainment industry customers seeking film permits … a fee sufficient to facilitate compliance with, and enforcement of, this section. All such fees shall be submitted to the City Council for its consideration and approval.”   

On May 29, the City Council voted in favor of drafting approved amendments to the Safer Sex in the Adult Film Industry Act.

According to a spokesman at Councilman Paul Koretz’s office, the council voted to consider the amendments on June 11 in order to expedite a sometimes lengthy process and place the vote before the present council, which will be replaced by a new council in July.  

Former City Attorney Carmen Trutanich voiced concerns over the ordinance’s reference to collecting to fees.

“This office is unaware what costs the city would incur since, at least presently, the enforcement mechanism would be the Los Angeles County Department of Public Health enforcing County health permits,” he wrote yesterday in a memo to the council.

Trutanich asked that the council add a clarifying statement that would require fees incurred to be submitted to the City Council for its approval, which they did. He also mentioned that the collected fees must be based on “actual costs” of regulation or the fee would be considered a tax requiring voter approval.

The amended ordinance still requires a signature by the mayor, currently Anthony Villaraigosa, in order to become law. His term expires at the end of the month.  

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