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Home My WebLink About1869 - Adding Chapter 20.74 to the Newport Beach Municipal Code Regulating Adult Entertainment Businesses101080 ORDINANCE NO. 1869 AN EMERGENCY ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 20.74 TO THE NEWPORT BEACH MUNICIPAL CODE REGULATING ADULT ENTER- TAINMENT BUSINESSES The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Chapter 20.74 is hereby added to the Newport Beach Municipal Code to read as follows: "CHAPTER 20.74 ADULT ENTERTAINMENT BUSINESSES 20.74.010 Intent. The City Council of the City of Newport Beach finds that adult entertainment businesses, as defined in this Chapter, because of their very nature, have certain adverse impacts on adjoining areas. The adverse impacts on adjoining areas are (1) the relocation of existing commercial /residential uses because of a fear on the part of the property owners that establishment of such a business is indication of a downgrading of that area; (2) a decrease in property • values in adjoining areas because of the increase in crime, relocation of existing businesses and overall deterioration of the neighborhoods occasioned by such a Sections: ob20.74.010 Intent. 20.74.020 Definitions. 20.74.030 Special Regulations. 20.74.040 Development Standards. 20.74.050 Severability. 20.74.010 Intent. The City Council of the City of Newport Beach finds that adult entertainment businesses, as defined in this Chapter, because of their very nature, have certain adverse impacts on adjoining areas. The adverse impacts on adjoining areas are (1) the relocation of existing commercial /residential uses because of a fear on the part of the property owners that establishment of such a business is indication of a downgrading of that area; (2) a decrease in property • values in adjoining areas because of the increase in crime, relocation of existing businesses and overall deterioration of the neighborhoods occasioned by such a 101080 use; (3) an increase in crime, especially sex - related offenses, in the immediate vicinity of such a use; (4) deterioration of the physical condition of structures near such a use because of the fear of property owners that establishment of such a business is a signal that the economy of the neighborhood is unstable and the consequent reluctance to invest in such properties. The City Council further finds that a requirement that such businesses be located more than 500 feet from residential areas will tend to mitigate, and possibly avoid, the adverse impacts associated with adult enter- tainment enterprises. 20.74.020 Definitions. As used in this Chapter, the following terms shall have the meanings indicated: A. Adult Bookstore. An establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to 'specified sexual activities' or 'specified anatomical areas' or an establishment with a segment or section devoted to the sale or display of such materials. B. Adult Motion Picture Theater. An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by their emphasis on matter depicting, describing or relating to 'specified sexual activities' or 'specified anatomical areas' for observation by patrons therein. Page 2 101080 C. Adult Mini - Motion Picture Theater. An enclosed building with a capacity for less than 50 persons used CD for presenting material distinguished or characterized by an emphasis on matter depicting or relating to 'specified sexual activities' or 'specified anatomical areas' for observation by patrons therein. D. Adult Hotel or Motel. A hotel or motel wherein material is presented which is distinguished by an emphasis on matter depicting, describing or relating to 'specified sexual activities' or 'specified anatomical areas.' E. Adult Motion Picture Arcade. Any place to which the public is permitted or invited wherein coin- or slug- operated or electronically, electrically or mechan- ically controlled still or motion picture machines, pro- jectors or other image - producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are dis- tinguished or characterized by an emphasis on depicting or describing 'specified sexual activities' or 'speci- fied anatomical areas.' F. Cabaret. A nightclub, theater or other estab- lishment which features live performances by topless and /or bottomless dancers, 'go -go' dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on 'specified sexual activities' or 'specified anatomical areas.' Page 3 G. Model Studio. Any business where for any form of consideration or gratuity, figure models who display 'specified anatomical areas' are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity. H. Sexual Encounter Center. Any business, agency or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in 'specified sexual activities' or exposing 'specified anatomical areas.' I. Any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to 'specified sexual activities' or 'specified anatomical areas.' J. Specified Sexual Activities. 1. Actual or simulated intercourse, oral copulation, anal intercourse, oral anal copulation, beastiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, or any of the following depicted sexually oriented acts or conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, Page 4 fellatio, necrophilia, pederasty, pedophilia, gopiquerism, sapphism, zoocrasty; or 2. Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or 3. Fondling or touching of nude human genitals, pubic region, buttocks or female breasts; or 4. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or 5. Erotic or lewd touching, fondling or other contact with an animal by a human being; or 6. Human excretion, urination, menstruation, vaginal or anal irrigation. K. Specified Anatomical Areas: 1. Less than completly covered (a) human genitals, pubic region; (2) buttock, and (3) female breast below a point immediately above the top of the areola; and 2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or human male genitals in a discernibly turgid state, even if completely and opaquely covered. fbL. Establishment. The 'establishment' of any 'adult entertainment business' shall include the opening of Page 5 101080 such a business as a new business, the relocation of 40 such business, or the conversion of an existing business location to any 'adult entertainment business' use. ' 1 �.J 20.74.030 Special Regulations. Uses classified herein as 'adult entertainment businesses' shall be permitted in the C -O, C -1 and C -2 Districts. In these districts it shall be unlawful to establish any such 'adult entertainment business' if the location is: A. Within 500 feet of the boundary of any residential district as shown on the City of Newport Beach districting map or within 500 feet of any P -C District with residential uses; B. Within 1000 feet of any other 'adult entertainment business'; or C. Within 1000 feet of any public or private school, park, playground, public building, church. D. Waiver of Locational Provisions. 1. Any property owner or his authorized agent may apply to the Planning Commission for a waiver of any locational provisions contained in this Section. The Planning Commission, after a public hearing, may waive any locational provision, if the following findings are made: Page 6 101080 a. That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this Section will be observed; b. That the proposed use will not enlarge or_encourage the development of a 'skid row' area; c. That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal; d. That all applicable regulations of this Code will be observed. 2. The procedure for this public hearing shall be as set forth in Section 20.80.050(B) of the Newport Beach Municipal Code. E. Amortization. Any adult entertainment business lawfully in existence as of the effective date of this Ordinance, and which fails to comply with any of the provisions of this Chapter, shall be considered legally nonconforming; provided, however, that such legal non- conforming status shall terminate three years after the effective date of this ordinance and such business thereafter shall be required to fully comply with the provisions of this Chapter. Page 7 101080 20.74.040 Development Standards. The following development standards shall apply to all 'adult enter- tainment businesses' in the City: A. Off- street parking shall be provided in accor- dance with Section 20.30.035(B) of the Newport Beach Municipal Code. B. All signs shall conform to Chapter 20.06 of the Newport Beach Municipal Code. C. The interior of the bookstore shall be ade- quately lighted and constructed so that every portion thereof is readily visible to the clerk or other super- visory personnel from the counter or other regular sta- 0 tion. D. Lobby and entrance areas should be designed so as to minimize obstruction of sidewalks during operating hours. E. Advertisements, displays, or other promotional materials shall not be shown or exhibited so as to be visible to the public, from pedestrian sidewalks or walkways, or from other areas public or semipublic; and such displays shall be considered signs. 20.74.050 Severability. If any provision or clause of this Chapter or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by any court of competent jurisdic- tion, such invalidity shall not affect other provisions Page 8 101080 or clauses or applications of this Chapter which can be • implemented without the invalid provision, clause or application; and to this end, the provisions of this Chapter are declared to be severable." SECTION 2. The City Council of the City of Newport Beach declares this Ordinance an emergency measure for preserving the public peace, health and safety in that at least one adult entertainment business is about to open for business; that it is located in proximity to residential and commercial areas which will be adversely affected by an increase in crime, a decrease in property values, and a deterioration of those neighborhoods; that the restrictions on such businesses contained in this Ordinance would prevent these adverse impacts from occurring; that the existing moratorium on the establishment of such businesses may 4Dnot be enforceable; and that mindful of the need to preserve and protect constitutional rights, the existing moratorium on the establishment of adult entertainment businesses should be terminated as soon as possible so that there is a minimal impact on rights of free expression. SECTION 3. This ordinance shall be published once in the official newspaper of the City within fifteen (15) days after the date of its adoption. Page 9 101080 This ordinance was introduced and adopted as an Is emergency ordinance at a regular meeting of the City Council of the City of Newport Beach held -on the 14th day of October, 1980, by the following vote, to wit: • ATTEST: n ity C erk CERTIFIED AS THE ORIGINAL AND CERTIFIED AS TO PUBLICATION CITY CLERK OF TXc C{7Y OF NEYlRORT ..CH AYES, COUNCILMEN Cox, Hart, Heather, Hummel, Maurer, Plummer, Strauss NOES, COUNCILMEN ABSENT COUNCILMEN none 060' / • / Page 10 RHB /kv 101080