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HomeMy WebLinkAbout91-36 - Establishing a Use Permit Requirement for New Retail Businesses That Sell Marital AidsORDINANCE NO. 91 -36 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING A USE PERMIT REQUIREMENT FOR NEW RETAIL BUSINESSES THAT SELL MARITAL AIDS. isThe City Council of the City of Newport Beach does ordain as follows: SECTION 1: Findings. The City Council of the City of Newport Beach finds and declares as follows: A. The City Council is authorized pursuant, to the provisions of the City Charter and Section 65858 of the Government Code, to adopt an interim urgency ordinance prohibiting the issuance of permits for, or the establishment of, land uses which may be in conflict with the contemplated zoning ordinances which the City Council, Planning Commission, or Planning Department • intends to study within a reasonably period of time. B. The City Council has adopted a comprehensive adult entertainment business ordinance in recognition of the fact that: 1. Adult entertainment businesses have certain harmful secondary effects on the community; 2. The secondary effects include relocation of then current commercial and residential uses, an increase in crime, especially sex - related offenses, and the ultimate deterioration of the physical condition of structures near the adult business; 3. The harmful secondary effects are likely to result in a decrease in property values in commercial and residential areas in the vicinity of adult businesses. • C. Adult entertainment businesses are those which offer services or entertainment characterized by emphasis on matter depicting or describing certain specified sexual activities or specified anatomical areas. The adult entertainment business ordinance does not, by its terms, regulate the sale of marital aids, adult gifts and related items. 01 0 D. The City Council intends to conduct a planning study to determine if businesses which sell marital aids and adult gifts cause some or all of the harmful secondary effects associated with adult entertainment businesses. Since the potential adverse land use impacts of these businesses is uncertain and the material is not constitutionally protected, • a use permit requirement will help insure that the establishment of any new business does not cause harmful secondary effects or adversely affect the health, safety and welfare of persons who live or work in the area. E. This ordinance is deemed necessary as an emergency measure for preserving the public peace, health, safety and welfare in that: 1. Businesses which sell marital aids and adult gifts may generate harmful secondary impacts similar to those caused by adult entertainment businesses currently regulated by the Newport Beach Municipal Code; 2. Potential harmful secondary effects include an increase in criminal activity, overall physical deterioration of • structures in the vicinity of the business, the relocation of other retail establishments to different areas or cities, and a decrease in property value and retail sales revenue; SECTION 2: Definitions. For the purposes of this Ordinance, certain terms shall be defined as follows: A. Marital Aids shall mean objects or devices which are manufactured and designed solely for use in conjunction with "specified sexual activities" as that term is defined in Chapter 20.74 of the Newport Beach Municipal Code, provided, however, the term marital aids shall not include condoms, prophylactics or other forms of birth control, any medication, or any substance which as Ismedicinal properties. B. Adult gifts shall mean any object or thing which refers directly and solely to specified sexual activities or specified anatomical areas as those terms are defined in Chapter 20.74 of the Newport Beach Municipal Code, provided, however, the term adult gifts shall not include any book, magazine, periodical, greeting card, video cassette, audio cassette, compact disk or other publication. SECTION 3: Interim Use Permit Requirement. A. No person shall sell, or display for sale, any marital •aid or adult gift, unless that person has first obtained a use permit pursuant to the provisions of Chapter 20.80 of the Newport Beach Municipal Code. B. No existing retail business shall, subsequent to the effective date of this Ordinance, expand their stock in trade to include marital aids or adult gifts without first obtaining a use permit pursuant to the provisions of Chapter 20.80 of the Newport Beach Municipal Code. SECTION 4: Planning Study. A. The Planning Department is hereby directed to study the impacts and potential impacts of businesses which sell, or display for sale, marital aids and adult gifts. The Planning Department is directed to evaluate the type of zoning or land use controls • appropriate to minimize or eliminate any impacts identified and to report its findings to the City Council after the study is complete. In the event the City Council has not taken action to repeal this Ordinance prior to September 23, 1991, the Planning Department shall submit a written report to the City Council on or before that date describing the measures taken to alleviate the conditions which led to the adoption of this Ordinance and summarizing the progress of the study. SECTION 5: CEQA Guidelines. The City Council determines that this Ordinance is categorically exempt pursuant to the provisions of Section 15.305 of the CEQA Guidelines. SECTION 6• Term. This Ordinance shall become effective on August 26, 1991 and shall remain in effect for a period of forty -five (45) days thereafter, unless earlier terminated or repealed by ordinance of 3 the City Council. SECTION 7: Severability. The City Council of the City of Newport Beach hereby declares that should any section, paragraph, sentence or word of this Ordinance be declared, for any reason, to be invalid, it is the intent of the Council that it would have • passed all other portions of this Ordinance independent of the portion declared invalid. SECTION 8: Savings Clause. Neither the adoption of this Ordinance nor the repeal of any other ordinance of the City shall, in any manner, affect the prosecution for violations of ordinances committed prior to the effective date of the adoption or repeal, nor be construed as a waiver of any of the penalty or penal provisions applicable to such violation. The provisions of this ordinance, to the extent they are substantially the same as ordinances previously adopted by the City and relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 9: The Mayor shall sign and the City Clerk shall • attest to the passage of this Ordinance. The City Clerk shall cause same to be published once in an official newspaper within fifteen (15) days after its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the nth day of August , 1991, and adopted on the nth day of August 1991, by the following vote, to wit: AYES, COUNCILMEMBERS HEDGES, WATT, TURNER, SANSONE, HART, COX, PLUMMER NOES, COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS NONE • i