The URL can be used to link to this page

Home My WebLink About92-50 - Amending Chapter 20.74 of the Newport Beach Municipal CodeORDINANCE NO. 92 -50 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 20.74 OF THE NEWPORT BEACH MUNICIPAL CODE. The City Council of the City of Newport Beach does hereby •ordain as follows: SECTION 1: Sections 20.74.020 and 20.74.030 of Chapter 20.74 of the Newport Beach Municipal Code shall be amended to read as follows: INChapter 20.74 ADULT 20.74.010 Intent. 20.74.020 Definitions. 20.74.030 Special Restrictions. 20.74.040 Development Standards. 20.74.045 Prohibited Establishments. 20.74.050 Severability. 20.74.020 Definitions. As used in this Chapter, the following terms shall have the meanings indicated: • A. "Adult Entertainment Business" means any of the following: 1. "Adult Bookstore" as defined in Subsection A, B; or 2. "Adult Hotel or Motel" as defined in Subsection C; or 3. "Adult Mini - Motion Picture Theater" as defined in Subsection D; 4. "Adult Motion Picture Arcade" as defined in Subsection E; or 5. "Adult Motion Picture Theater" as defined in 6. • 7. 8. 9. 10. Subsection F; or "Cabaret" as defined in Subsection G; or "model Studio" as defined in Subsection H; or "Sexual Encounter Center" as defined in Subsection I; or "Adult Novelty Store" as defined in Subsection J; or "Adult Business" as defined in Subsection K. 1 B. "Adult Bookstore" means an establishment which is characterized by their emphasis on the sale or display of books, magazines and other periodicals depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." C. "Adult Hotel or Motel" means a hotel or motel • characterized by their emphasis on the presentation of material depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas." D. "Adult Mini - Motion Picture Theater" means an enclosed building with a capacity for less than fifty (50) persons characterized by their emphasis on the presentation of material depicting, describing or relating to "specified sexual activities" to "specified anatomical areas" for observation by patrons. E. "Adult Motion Picture Arcade" means any place to which the public is permitted or invited which is characterized by their • emphasis on providing coin -or slug- operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors or other image - producing devices that are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and display images depicting, describing, or relation to "specified sexual activities" or "specified anatomical areas." F. "Adult Motion Picture Theater" means an enclosed building with a capacity of fifty (50) or more persons which is characterized by their emphasis on the presentation of material depicting, describing or relating to "specified sexual activities" • or "specified anatomical areas" for observation by patrons therein. G. "Cabaret" means a nightclub, theater or other establishment characterized by their emphasis on featuring live performances by topless and /or bottomless dancers, "go -go" dancers, 2 exotic dancers, strippers, or similar entertainers, where such performances occur on a stage at least 18 inches above the immediate floor level and which is removed at least six (6) feet from the nearest patron or guest, and which performances depict, describe or relate to "specified sexual activities" or "specified • anatomical areas," H. "Model Studio" means the same as that term is defined in Section 5.30.010(A) of Chapter 5.30 of this Code. I. "Sexual Encounter Center" means any business, agency or persons characterized by their emphasis on providing for any form of consideration or gratuity in a place where three (3) 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." J. "Adult Novelty Store" means an enclosed business or • establishment which dedicates more than one -third of the total floor area to the sale or rent of merchandise or products characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." K. "Adult Business" means any business activity, club or other establishment not otherwise defined in Subsection A, 1 through 9 above, which permits its employees or any other person on its premises to exhibit any specified anatomical areas before any other patron or guest, where the employee or other person is removed at least six (6) feet from the nearest patron or guest. L. "Specified Sexual Activities" means: 1. Actual or simulated intercourse, oral copulation, anal intercourse, oral anal copulation, beastiality, direct physical stimulation of 3 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; 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. M. "Specified Anatomical Areas" means: 1. Less than completely and opaquely covered, (a) human genitals, pubic region; (b) buttock(s) ; and • (c) female breast(s) 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. N. The "establishment" of any "adult entertainment business" shall include the opening of such a business as a new business, the relocation of such business, or the conversion of an existing business location to any "adult entertainment business" use, the •expansion of any existing business, the alteration or enlargement of any existing business, or any of the uses within such a business, or any addition to existing uses within an existing business. (Ord. 88 -2 § 1 (part), 1988). 4 20.74.030 Special Restrictions. A. Permitted Districts. Uses classified herein as "adult entertainment business" shall be permitted in C -0, C -1, C -2, RMC and RSC Districts and commercial areas of P -C Districts. B. Location Restrictions. In these districts it shall be • unlawful to establish any such "adult entertainment business" if the location is: 1. Within five - hundred (500) feet of the boundary of any residential district as shown on the City of Newport Beach districting map or within five - hundred (500) feet of any residential use; or 2. Within one thousand (1,000) feet of any other "adult entertainment business "; or 3. Within one thousand (1,000) feet of any public or private school, park, playground, civic or cultural building, church or beach. • C. Waiver of Location Restrictions. 1. Any property owner or his authorized agent may apply to the Planning Commission for a waiver of any location restrictions contained in this Section. The Planning Commission, after a public hearing, may waive any location restriction, if all of the following findings are made: (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; and (b). That the proposed use will not enlarge or • encourage the development of an urban blight area; and (c) That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation 5 nor will it interfere with any program of urban renewal; and (d) That all applicable regulations of the Newport Beach Municipal Code will be observed. 2. The procedure for the public hearing waiving location restrictions shall be as set forth in • Section 20.80.050(B) of the Newport Beach Municipal Code, with the same right of appeal as provided in Section 20.80.070 of this Code. D. In addition to the land use controls and restrictions set forth in this Chapter, all other restrictions, controls and regulations established in Title 20 of the Newport Beach Municipal Code shall apply to the land uses that are the subject of this Chapter. E. Amortization. Any "adult entertainment business" as defined in this Chapter, in existence as of the effective date of • this ordinance, and which has been determined to have a legal, nonconforming status, shall, within three (3) years after the date of this Ordinance, terminate all aspects of such business not in compliance with the provisions of this Chapter. (Ord. 88 -2 § 1 (part), 1988). SECTION 2: Section 20.74.045 shall be added to Chapter 20.74 of the Newport Beach Municipal Code to read as follows: 20.74.045 Prohibited Establishment. Any other business or establishment not specifically described in Section 20.74.020 which permits its employees, agents, patrons, or guests on or off its •premises, to exhibit specified anatomical areas, or otherwise provides services which allow any person to exhibit specified anatomical areas or specified sexual activities shall be prohibited until such time that this Chapter may be amended to permit such establishments. SECTION 3: Ordinance No. 92 -25, adopted on May 11, 1992, extending for ten (10) months and fifteen (15) days an interim prohibition on the establishment of Adult Businesses shall be repealed and of no further force and effect as of the effective date of this ordinance. SECTION 4: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 26th day of October , 1992, and adopted on the 9th day of November , 1992, by the following vote, to -wit: AYES, COUNCILMEMBERS HEDGES, WATT, TURNER, SANSONE, HART, COX, PLUMMER NOES, COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS NONE • r MAYOR ATTEST: kr \sdultbis.ord • i 7