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ORDINANCE NO. 99-2 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />• NEWPORT BEACH AMENDING CHAPTER 5.28 AND <br />CHAPTER 5.96 OF TITLE 5 AND CHAPTER 10.54 OF <br />TITLE 10 OF THE NEWPORT BEACH MUNICIPAL CODE <br />RELATING TO TECHNICAL AMENDMENTS TO THE <br />OPERATIONAL CRITERIA FOR OBTAINING AND <br />RETAINING AN ADULT ORIENTED BUSINESS PERMIT. <br />WHEREAS, the City Council incorporates by reference its recitals to <br />Ordinance Nos. 96 -5 and Resolution No. 94 -11 herein as if set forth in full; <br />and <br />WHEREAS, the experiences of the City of Newport Beach and <br />Anaheim demonstrate that establishments that provide live nude <br />entertainment create quantitatively and qualitatively worse secondary effects <br />than Adult Oriented Businesses that provide live erotic entertainment where <br />the Performers are at least clothed in attire commonly referred to as pasties <br />and a g- string; and <br />WHEREAS, in Barns v. Glen Theaters (1991) 501 U.S. 560, the <br />• United States Supreme Court found it to be constitutionally permissible to <br />prohibit nudity, including public nudity in Adult Oriented Businesses, in part <br />due to the secondary effects associated with such public nudity in Adult <br />Oriented Businesses which secondary effects include, but are not limited to <br />the increase in prostitution, increase in sexual assaults, increase in spread <br />of sexually transmitted diseases and the increase in criminal activity. <br />NOW THEREFORE, the City Council of the City of Newport Beach <br />does hereby ordain that certain Newport Beach Municipal Code sections are <br />amended to read as follows: <br />SECTION 1: Section 5.28.010 of Chapter 5.28 is amended to read <br />as follows: <br />5.28.010 Definitions <br />Certain words or phrases used in this chapter are defined as <br />follows: <br />"City manager" means the City Manager for the City of Newport <br />Beach or his or her designee. <br />• "Entertainment' means any act, play, burlesque show, revue, <br />pantomime, cabaret, fashion or style show, scene, dance, song, song and <br />dance act, or instrumental music participated in by one or more <br />employees, guests, customers or any other person or persons. <br />