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HomeMy WebLinkAbout88-2 - Amending and Readopting Chapter 20.74 of the Newport Beach Municipal Code Pertaining to Adult Entertainment Businesses (Planning Commission Amendment No. 656)ORDINANCE NO. 88 -2 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING AND READOPTING CHAPTER 20.74 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO ADULT ENTERTAINMENT BUSINESSES (Planning Commission Amendment No. 656). Section 1: The City Council of the City of Newport Beach does hereFT ordain as follows: Sections: 20.74.010 Intent. 20.74.020 Definitions. 20.74.030 Special Restrictions. 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 harmful secondary effects on the community. The harmful secondary effects on the community are: A. The relocation of existing Ocommercial/ residential uses because of a fear on the part of the property owners that establishment of such a business is an indication of a downgrading of that area; and B. 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 use; and C. An increase in crime, especially sex - related offenses, in the immediate vicinity of such a use; and D. 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 O reluctance to invest in such properties; and E. Citizens in areas surrounding adult entertainment businesses are subjected to increased urban blight and decreased quality of life; and -I- F. Substantial numbers of adult entertainment businesses are associated with unlawful sexual activities such as prostitution. The City Council further finds that the restrictions and O development standards contained in this Ordinance will tend to mitigate, and possibly avoid, the harmful secondary effects on the community associated with adult entertainment businesses. The City Council further finds that the primary purpose in adopting this Ordinance is the amelioration of harmful secondary effects on the community. The City Council further finds that restrictions and development standards contained in this Ordinance are unrelated to the suppression of free speech and do not limit access by adults to materials with First Amendment protection. 20.74.020 Definitions. As used in this Chapter, the following terms shall have the meanings indicated: A. "Adult Bookstore" means an establishment which is characterized by their emphasis on the sale or display of O books, magazines and other periodicals depicting, describing or relating to "specified sexual activities" or "specified anatomical areas ". B. "Adult Entertainment Business" means any of the following: 1. "Adult bookstore" as defined in Subsection A; or 2. "Adult Hotel or Motel" as defined in Subsection C; or 3. "Adult Mini - Motion Picture Theater" as defined in Subsection D; or 4. "Adult Motion Picture Arcade" as defined in Subsection E; or 5. "Adult Motion Picture Theater" as defined Oin Subsection F; or -2- or 6. "Cabaret" as defined in Subsection G; or 7. "Model Studio" as defined in Subsection H; 8. "Sexual Encounter Center" as defined in O Subsection I; or 9. 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." 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" or "specified anatomical areas" for observation by O 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 relating 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 O -3- 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 O establishment characterized by their emphasis on featuring live performances by topless and /or bottomless dancers, "go -go" dancers, exotic dancers, strippers, or similar entertainers, where such performances depict, describe or relate to "specified sexual activities" or "specified anatomical areas ". H. "Model Studio" means any business characterized by their emphasis on providing for any form of consideration or gratuity, figure models who display "specified anatomical areas" to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity. I. "Sexual Encounter Center" means any business, agency or persons characterized by their emphasis on providing for any form of consideration or gratuity a place where three (3) O 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." O J. "Specified Sexual Activities" means: 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, 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- 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 O 6. Human excretion, urination, menstruation, vaginal or anal irrigation. K. "Specified Anatomical Areas" means: 1. Less than completely 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. L. 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 O 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. 20.74.030 Special /Restrictions. A. Location Restrictions. Uses classified herein as "adult entertainment business" shall be permitted in C -0, C -1, C -2 Districts and commercial areas of P -C Districts. 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 0 -5- 2. Within one thousand (1000) feet of any other "adult entertainment business "; or 3. Within one thousand (1000) feet of any public or private school, park, playground, civic or cultural O building, church or beach. B. 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 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 O 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; 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. C. In addition to the land use controls and restrictions as 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. O -6- 0 0 0 D. 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. 20.74.040 Development Standards. The following development standards shall apply to all "adult entertainment businesses" in the City: A. Off- street parking shall be provided in accordance with Section 20.30.035(B) of the Newport Beach Municipal Code; and B. All signs shall conform to Chapter 20.06 of the Newport Beach Municipal Code; and C. The interior of any bookstore shall be adequately lighted and constructed so that every portion thereof is readily visible to the clerk or other supervisory personnel from the counter or other regular station; and D. Lobby and entrance areas should be designed so as to minimize obstruction of sidewalks during operating hours; and 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 jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this Chapter which can be implemented without the invalid provision, -7- clause or application; and to this end, the provisions of this Chapter are declared to be severable. Section 2: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. Section 3: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 11th day of January , 1988, and adopted on the 25th day Of January , 1988. AYES, COUNCILMEMBERS Cox, Hart, Maurer, Plummer, Sansone, Strauss, Turner AT ,J% �%- O NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS -8-