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HomeMy WebLinkAbout95-9 - Amending Chapters 5.28 and 17.14 of the Newport Beach Municipal Code Relating to Entertainment Performed on VesselsNO. 95-9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING CHAPTERS 5.28 AND 17.14 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO ENTERTAINMENT PERFORMED ON VESSELS •WHEREAS, the City Council of the City of Newport Beach wishes to promote the City's substantial and significant interest in protecting the health, safety, welfare, morals and quality of life of the people of the City of Newport Beach and the visitors thereto; and WHEREAS, the City Council believes as true the documents, judicial decisions and other public records attached to Resolution 94 -11 which are incorporated herein by reference, demonstrating that various operational practices of businesses which provide Adult- Oriented Entertainment (as that term defined in Chapter 20.74 of the Newport Beach Municipal Code) increase criminal activity, including but not limited to, sexually related criminal activity, and increase the likelihood of the transmission of diseases, including but not limited to, sexually transmitted diseases such as gonorrhea, syphilis, herpes, acquired immune deficiency syndrome ( "AIDS ") and hepatitis -B; and WHEREAS, the City Council believes the following statements are true, in part, based upon its understanding of the documents, judicial decisions and other public records attached to Resolution 94 -11: A. Evidence indicates that dancers, models, entertainers and other persons who perform in the manner described in Section 5.28.010(a) and /or (b) (collectively referred to as "Performers ") have been found to engage in sexual activity with patrons of establishments providing on -site Adult- Oriented Entertainment. B. Evidence has demonstrated that Performers have been found to offer and provide private shows to patrons who, for a price, are permitted to observe and participate with the Performers in live sex shows. C. Evidence indicates that Performers have been found to engage in acts of prostitution with patrons of the establishment in which they perform. D. Poorly or unlit areas in establishments providing Adult - - Oriented Entertainment provide a location for people to engage in illegal sexual activities with Performers and others. WHEREAS, the experiences of the cities of Palm Springs, California and Huntington Beach, California, indicate that disorderly conduct is likely to occur when crowds which are under the influence of alcohol become involved in sexually oriented activities; and • WHEREAS, while the City Council desires to protect the rights of those who provide Adult- Oriented Entertainment, it desires to do so in a manner which decreases, to the greatest extent feasible, the undesirable secondary effects associated with such entertainment; and WHEREAS, the City Council reaffirms that by adopting ordinances which regulate Adult- Oriented Entertainment it is not the City's intent to suppress any constitutionally protected activities, but rather to enact content neutral regulations which address the secondary effects shown to be associated with 1 businesses which provide Adult- Oriented Entertainment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY ORDAINS AS FOLLOWS: Section 1: 5.28.090. Exceptions. The provisions of this Chapter shall apply prospectively and shall not operate to affect or revoke any valid entertainment permit in effect as of the date of this Ordinance. The provisions of this Chapter shall not be deemed to require an entertainment permit for the following: • (a) For the use of a radio, record player, juke box or television receiver in any establishment. (b) For the use of a nonelectronic piano or organ in any establishment. (c) For any entertainment provided for member and their guests at a private club where admission is not open to the public. (d) For entertainment conducted or sponsored by any religious organization or by any bona fide non - profit club, society or association, organized or incorporated for benevolent, charitable, dramatic or literary purposes having an established membership and which holds regular meetings, other than such entertainment at regular intervals, when all the proceeds, if any arising from such entertainment are used for the purposes of such club, society or association. (e) For entertainment provided on any vessel for which a permit is required pursuant to Chapter 5.18, or any vessel operated pursuant to the provisions of Chapter 17.41, of this Code. The above notwithstanding, any entertainment as defined in Section 5.28.010(a) and /or (b) performed on any vessel shall be provided consistent with the requirements of Section 5.28.041 of this Code regardless of whether an entertainment permit is required. Section 2: 5.28.110 Public Nuisance. Notwithstanding any other provision of this Code, except as provided below, a violation • of the provisions of this Chapter shall not constitute a misdemeanor or infraction, but shall be enforced by appropriate action filed in the Superior Court. A violation of this Chapter, or any provision of this Chapter is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation. In addition to the above, any violation of any provision of Section 5.28.041 on any vessel for which a permit is required pursuant to Chapter 5.18 or Chapter 17.41 of this Code shall also be punishable as a misdemeanor. is SECTION 3: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 13th day of March , 1995, and adopted on the 27th day of March 1995, by the following vote, to -wit: ch \VesslEnt.ord AYES, COUNCILMEMBERS EDWARDS, WATT, DFRAY HEDGES, COX, GLOVER, O'NEIL NOES, COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS NONE MAYOR