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