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HomeMy WebLinkAbout1864 - Prohibiting the Use of Property Within the City of Newport Beach for Adult Entertainment Purposes Pursuant to Section 65858 of the California Government CodeT- • • 4 ORDINANCE NO. 1864 AN EMERGENCY ORDINANCE OF THE CITY OF NEWPORT BEACH PROHIBITING THE USE OF PROPERTY WITHIN THE CITY OF NEWPORT BEACH FOR ADULT ENTER- TAINMENT PURPOSES PURSUANT TO SECTION 65858 OF THE CALIFORNIA GOVERNMENT CODE WHEREAS, there presently are no adult entertainment activities being conducted within the City of Newport Beach, as hereinafter defined; and WHEREAS, there are no existing zoning regulations or ordinances of the City of Newport Beach which deal with adult entertainment; and WHEREAS, the City Council finds that the unplanned for and uncontemplated development of property for adult entertain- ment purposes could alter the character of developed neighborhoods or prevent the orderly and reasonable development of new commercial development; and WHEREAS, the City Council finds that in other communi- ties the intrusion of unplanned for and uncontemplated adult entertainment activities tends to deteriorate neighborhoods and create unhospitable and unwholesome surroundings; and WHEREAS, the City Council finds that neighborhoods with an inordinant number of adult entertainment uses tends to attract undesirable quantities and quality of transients, adversely affects property values, causes an increase in crime, especially prostitution, and encourages the relocation of existing residences and businesses to other areas; and WHEREAS, the City Council desires to instruct the Planning Commission to study the appropriate land use regulation for adult entertainment areas prior to the unplanned for and uncontemplated intrusion of such activity within the City; and WHEREAS, the pending consideration by the Planning Commission of a comprehensive zoning regulation to deal with the 1 • planning for and use of adult entertainment areas within the City of Newport Beach, the City Council finds that it would be in the best interest of the City and would protect and preserve the pub- lic safety, health and welfare to prohibit the establishment, use and /or maintenance of any adult entertainment within any district within the City; and WHEREAS, Section 65858 of the California Government Code specifically authorizes the adoption of an interim zoning ordinance, on an emergency basis, prohibiting uses which may be in conflict with a contemplated zoning proposal which the City Council, Planning Commission and Planning Department are con- sidering or studying, or intend to study, within a reasonable time; and WHEREAS, in enacting this Ordinance the City Council hereby finds and declares that it is acting pursuant to the authority of Section 65858 of the California Government Code, 0 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. No person within the City of Newport Beach shall permit, operate, allow to be operated, cause to be opera- ted, or assist in the operation of a use of property as an adult entertainment use. Adult entertainment use, as defined in this Section, shall mean and adult motion picture theater, an adult mini - motion picture theater, or an adult bookstore. An adult motion picture shall mean an enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activi- ties" or "specified anatomical areas" (as defined below) for observation by patrons therein. Adult mini - motion picture theater shall mean an enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to Page 2 9 .0 "specified sexual activities" or "specified anatomical areas" (as defined below) for observation by patrons therein. Adult bookstore shall mean an establishment having as a substantial or significant portion of its stock in trade, books, magazines, periodicals or other printed materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (as defined below), or an establishment with a segment or section devoted to the sale or display of such material. For the purposes of this Ordinance, "specified sexual activities" are defined as: 1. Human genitals in a state of sexual stimulation or arousal; sodomy; 2. Acts of human masturbation, sexual intercourse or 3. Fondling or other erotic touching of humans genitals, pubic region, buttock or female breast. For the purposes of this Ordinance, "specified anatomical areas" are defined as: 1. Less than completely and opaquely covered: a. Human genitals, pubic region; b. Buttocks; and C. Female breast below a point immediately above the top of the areola; and 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. SECTION 2. If adopted by a four - fifths (4/5) vote of the City Council, this Ordinance shall be effective for four (4) months from the date of adoption thereof; provided, however, that after notice pursuant to Section 65856 and public hearing, the City Council may extend such interim Ordinance for eight (8) months and subsequently extend interim Ordinance for one (1) year. Any such extension shall also require a four- fifths (4/5) vote for adoption. Page 3 1 . SECTION 3. This Ordinance is declared by the City Council to be necessary as an emergency measure for preserving the public peace, health, safety and welfare for the reasons stated herein and shall take effect immediately if adopted by a four - fifths (4/5) vote of the members of the City Council. SECTION 4. This ordinance shall be published once in the official newspaper of the City. This ordinance was introduced and adopted as an emergency ordinance at a regular meeting of the City Council of the City of Newport Beach held on the 25th day of August 1980, by the following vote, to wit: ATTEST: City Clerk U CERWIE.g AS THE CNtIGINAL AND (CERTIFIED AS TO PUBLICATION SEP 4 1980 DATE YT CLERK OF THE CITY OF NEWPO6i S M 0 AYES, COUNCILMEN Cox, Hart. Heather, Hummel, Maurer, Plummer. Strauss NOES, COUNCILMEN ABSENT COUNCILMEN Page 4 HRC /kv 081180