HomeMy WebLinkAbout1870 - Adding Chapter 20.74 to the Newport Beach Municipal Code Regulating Adult Entertainment BusinessesORDINANCE NO. 1870
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
ADDING CHAPTER 20.74 TO THE NEWPORT BEACH
MUNICIPAL CODE REGULATING ADULT ENTERTAIN-
MENT BUSINESSES
The City Council of the City of Newport Beach DOES
ORDAIN as follows:
SECTION 1. Chapter 20.74 is hereby added to the
Newport Beach Municipal Code to read as follows:
"CHAPTER 2x.74
ADULT ENTERTAINMENT BUSINESSES
Sections:
20.74.010
20.74.020
20.74.030
20.74.040
20.74.050
Intent.
Definitions.
Special Regulations.
Development Standards.
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 adverse impacts on adjoining
areas. The adverse impacts on adjoining areas are (1)
the relocation of existing commercial /residential uses
because of a fear on the part of the property owners
that establishment of such a business is indication of a
downgrading of that area; (2) a decrease in property
isvalues in adjoining areas because of the increase in
crime, relocation of existing businesses and overall
deterioration of the neighborhoods occasioned by such a
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use; (3) an increase in crime, especially sex - related
offenses, in the immediate vicinity of such a use; (4)
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 con-
sequent reluctance to invest in such properties.
The City Council further finds that a requirement
that such businesses be located more than 500 feet from
residential areas will tend to mitigate, and possibly
avoid, the adverse impacts associated with adult enter-
tainment enterprises.
20.74.020 Definitions. As used in this Chapter,
the following terms shall have the meanings indicated:
A. Adult Bookstore. An establishment having as a
substantial or significant portion of its stock in
trade, books, magazines and other periodicals which are
distinguished or characterized by their emphasis on
matter depicting, describing or relating to 'specified
sexual activities' or 'specified anatomical areas' or an
establishment with a segment or section devoted to the
sale or display of such materials.
B. Adult Motion Picture Theater. An enclosed
building with a capacity of 50 or more persons used for
presenting material distinguished or characterized by
their emphasis on matter depicting, describing or
relating to 'specified sexual activities' or 'specified
anatomical areas' for observation by patrons therein.
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C. Adult Mini - Motion Picture Theater. An enclosed
building with a capacity for less than 50 persons used
for presenting material distinguished or characterized
by an emphasis on matter depicting or relating to
'specified sexual activities' or 'specified anatomical
areas' for observation by patrons therein.
D. Adult Hotel or Motel. A hotel or motel wherein
material is presented which is distinguished by an
emphasis on matter depicting, describing or relating to
'specified sexual activities' or 'specified anatomical
areas.'
E. Adult Motion Picture Arcade. Any place to which
the public is permitted or invited wherein coin- or
slug- operated or electronically, electrically or mechan-
ically controlled still or motion picture machines, pro-
jectors or other image - producing devices are maintained
to show images to five or fewer persons per machine at
any one time, and where the images so displayed are dis-
tinguished or characterized by an emphasis on depicting
or describing 'specified sexual activities' or 'speci-
fied anatomical areas.'
F. Cabaret. A nightclub, theater or other estab-
lishment which features live performances by topless
and /or bottomless dancers, 'go -go' dancers, exotic
dancers, strippers, or similar entertainers, where such
performances are distinguished or characterized by an
emphasis on 'specified sexual activities' or 'specified
anatomical areas.'
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G. Model Studio. Any business where for any form of
to consideration or gratuity, figure models who display
'specified anatomical areas' are provided to be
observed, sketched, drawn, painted, sculptured,
photographed; or similarly depicted by persons paying
such consideration or gratuity.
H. Sexual Encounter Center. Any business, agency or
person who, for any form of consideration or gratuity,
provides a place where three 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.'
ofI. 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 anatomi-
cal areas.'
J. Specified Sexual Activities.
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, or any of the following depicted
sexually oriented acts or conduct: analingus,
buggery, coprophagy, coprophilia, cunnilingus,
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fellatio, necrophilia, pederasty, pedophilia,
Obpiquerism, sapphism, zoocrasty; or
2. Use of human or animal masturbation, sodomy,
oral copulation, coitus, ejaculation; or
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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.
K. Specified Anatomical Areas:
1. Less than completly covered (a) human
genitals, pubic region; (2) buttock; and (3) female
breast 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. Establishment. The 'establishment' of any 'adult
entertainment business' shall include the opening of
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such a business as a new business, the relocation of
such business, 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.
20.74.030 Special Regulations. Uses classified
herein as 'adult entertainment businesses' shall be
permitted in the C -O, 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:
A. Within 500 feet of the boundary of any residen-
tial district as shown on the City of Newport Beach
districting map or within 500 feet of any residential
use;
B. Within 1000 feet of any other 'adult enter-
tainment business'; or
C. Within 1000 feet of any public or private
school, park, playground, civic or cultural building,
church or beach.
D. Waiver of Locational Provisions.
1. Any property owner or his authorized agent
may apply to the Planning Commission for a waiver
of any locational provisions contained in this
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Section. The Planning Commission, after a public
hearing, may waive any locational provision, if the
following findings are made:
a. That the proposed use will not be con-
trary to the public interest or injurious to
nearby properties, and that the spirit and
intent of this Section will be observed;
b. That the proposed use will not enlarge
or encourage the development of a 'skid row'
area;
C. That the establishment of an 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;
d. That all applicable regulations of this
Code will be observed.
2. The procedure for this public hearing 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.
E. In addition to the land use controls and
restrictions as set forth in this Chapter, all other
restrictions, controls and regulations established in
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Title 20 of this code shall apply to the land uses that
ftare the subject of this Chapter.
F. 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 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 enter-
tainment businesses' in the City:
A. Off- street parking shall be provided in accor-
dance with Section 20.30.035(B) of the Newport Beach
Municipal Code.
B. All signs shall conform to Chapter 20.06 of the
Newport Beach Municipal Code.
C. The interior of any bookstore shall be ade-
quately lighted and constructed so that every portion
thereof is readily visible to the clerk or other super-
visory personnel from the counter or other regular sta-
tion.
D. Lobbv and entrance areas shall be designed so
as to minimize obstruction of sidewalks during operating
hours.
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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 jurisdic-
tion, such invalidity shall not affect other provisions
or clauses or applications of this Chapter which can be
implemented without the invalid provision, clause or
application; and to this end, the provisions of this
Chapter are declared to be severable."
ofSECTION 2. This ordinance shall be published once in
the official newspaper of the City and the same shall be effec-
tive thirty (30) days after the date of its adoption.
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This ordinance was introduced at a regular meeting of
ob the City Council of the City of Newport Beach held on the 27th
day of October, 1980, and was adopted on the 10th day of
November , 1980, by the following vote, to wit:
so
ATTEST;,
ty Clerk
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P WON OF TYA an or kr*V
eat6 NOV 10 1980
AYES, COUNCILMEN
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ABSENT COUNCILMEN
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