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CITY OF SANTA MONICA
ORDINANCE tWMBER 1154
(City Council Series)
AN EHERGENCY ORDINANCE Or' THE
CITY COUNCIL OF THE CITY OF
SANTA MONICA IMPOSIN~ A MORA-
TORIUM ON THF. ESr::'ABLISFJ'!J.ENT OF
CERTAIN DEFINED ADULT USES.
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS.
The City Council of the City of Santa Monica makes
the follo\I/ing findings:
(1) Continuat~on of existing concentrat~ons
and the distinct possibility of further concentrations
of adult uses within the City of Santa Monica w~11 adversely
effect the public peace, health, and safety.
(2) Regulation of adult uses is not adequately
addressed in the Santa Monica Municipal Code. ~his
inadequacy is contrary to the purpose and intent of
the zoning regulations and COMprehensive General Plan of
the City.
(3) There is local and national concern w~th
many of the effects of adult uses, including the detrimtntal
influence trat adult uses have on children, the increased
criminal act~vity associated with these uses, and the dis-
ruptive effects that adult uses have on adjacent resident~al
and commerc1al neighborhoods.
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(4) It is necessary that the City have adequate
time and inforMation to consi~er and adopt new stan0ards
for adult uses that wlll further the long terM interests
of the existing and the f~ture residents of the City of
Santa Monica and be consistent with the purposes and intent
of the zoning regulations and General Plan of the Clty&
(5) To protect the public peace, health, and
safety, it is necessary for the City to enact appropriate
regulations and controls for adult uses.
(6) The Planning Department and the Planning
Commission are directed to study and recommend new requlatlons
and controls for adult usps.
SECTION 2. STATEMENT OF URGENCY.
That by reason of the flndings set forth in Sectlon
1, there exists an immediate threat to the public peace,
health, and safety; and that the City Council declares
this orn:nance to be an emergency measure pursuant to Section
615 of the City Charter &
SECTION 3. PROHIBITION.
For a period of six months, or until such tiMe as
a permanent adult use ordinance is arloDted, whichever should
first occur, no person shall cause or perMit the establishment
of any of the fallowing anulr uses~ adult bookstore, adult m~nl
motlon plcture theater, a~ult motel, adult motion picture arcade,
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adult motion plcture theater, adult cabaret, ~assaae parlor,
adult model stUG10, or sexual encounter center.
~he establishment of an aQult use shall include the
openinq of such business as a new busines~, ~he relocation
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of such business, the conversion of an existing bUSlness
location to any adult use, or the granting of permits required
of masseurs and masseuses which would have the effect of
the establishment of an adult use or the intensif~cat~on
of an existing adult use.
City officers and employees shall not process a~plications
for adult uses while this orainaLce is in effect.
SEC~ION 4. DEFINITIONS.
A. For purposes of this ordinance, adult uses are:
(1) Adult Bookstore.
An establishment havlng as a significant portion
of its stock in trade books, f~lms, magaz~nes and other
periodicals which are distinquished or characterized by
an emphasis on depicting or describing specified
sexual conduct or specified anatonical areas.
(2) Adult Mini Motion P~cture Theater.
An enclosed bUlloing wlth a ca~acity of less than
50 persons used for presenting materlal distinguished
or characterized by an emphasis on depictinq or describing
specified sexual conduct or sDecifien anatomical areas.
(3) Adult Motel.
A motel wherein material is presented which lS
distlnguished or characterized by an emphasis on depictlng
or describing specified sexual conduct or specified anatomical
area s .
(4) Adult Motion Picture Arcade.
Any place to which the public is perM1tted or
invited wherein coin or slug-operated or electronically,
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electrically or mechanically controllen still or motlon
picture machlnes, prOJectors, or other imaqe-producing
devices are maintained to show images to five or fewer
persons per machine at anyone time, and where the iMages
so displayed are distlnguished or characterized by an
emphasis on depicting or describing specifien sexual conduct
or specified anatomical ar~as.
(5) Adult Uotlon Picture Theater.
An enclosed building with a capacity of 50 or
more persons used for presenting material distinguished or
characterized by an e~phasis on depicting or descrlbing
specified sexual conduct or specified anatomical areas.
(6) Adult Cabaret.
A nightclub, theater, or other establlshment
which features live performances by topless and/or bottom-
less dancers, "go_golf dancers, exotic dancers, striopers,
or similar entertainers, where such perforrr,ances are
distinguished or characteri~ed by an emphasis on specified
sexual conduct or specified anatomical areas.
(7) Massag~ P~rlo~.
Any place where for any form of consideration or
gratuity, massage, alcohol rub, administration of fomen-
tations, electric or magnetic treatnents, or any otter
treatment or manipulation of the human body occurs except
as performed by licensed practioners of Healing Arts as
defined in the California Business and Profsiions Code,
Division 2, Chapter 1 - ll, Sections 500 et. seq..
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(B) Adult Model Studio.
Any place where, for any form of 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
paYlng such consideration or gratuity.
(9) Sexual Encounter Center.
Any business, agency, or person who, for any
form of consideretion 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 conduct or exposing specifiect
anatomical areas.
B. Specified Sexual conduct
Areas are:
(1) Specified ~exualConduc~.
(a) Human genitals in a state of sexual
and Specified Anatomical
stimulation or arousal;
(b) Acts of h~an masturbation, sexual
intercourse or sooo~y; or
(e) Fondling or other erotic touching of
human genitals, pubic region, buttock or
female breast.
(2) Specified Anatomical Areas.
(a) Less than completely and opaquely
covererl (l) human genitals, pubic
region, (2) buttock, and (3) female
breast below a point immediately above
the top of the areola~ or
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(b) Human male genitals, less
than completely and opaquely
covered, or human male genitals
in a discernably turgid state,
even if completely and opaquely
covered.
SECTION 5. PENALTY FOR VIOLATION.
Violation of th~s ordinance is punishable by a fine
not exceeding F~ve Hundred Dollars ($500.00), or by impris-
onment not exceedins six (6) months, or by both such fine
and imprisonment. Each day during any portion of which
any violation of this ordinance 15 cOMmitted, permitted
or continued shall constitute a separate offense.
In addition to the penalties provided ~n this section,
any condition caused or permitted to exist in violat~on
of any of the provisions of this ordinance shall be deemed
a public nuisance and may be, by this City, summar~ly abated,
and each day such conditlon continues shall be reqarded
as a new and separate offense.
SECTION 6.
EFFECT ON THE MUNICIPAL CODE.
The provisions of this ordinance supercede any in-
consistent prOVlslon of the municipal code.
SECTION 7. SEVERABILITY.
If any provision of this ordinance is held to be un-
constitutional by any court of competent jur~sdiction, it
15 the intent of the City Council that such portion of such
ordinance be severable from the remainder and that the
remainder be glven full force and effect.
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SECTION 8. This ordinance shall take effect and
be in full force immediately after the passage and adoption
thereof and shall remain ln effect until September 10, 19BO,
at which t1me it shall be of no further effect and shall
be deemed repeal~?
SECTION 9._ The Mayor shall sign and the City Clerk
shall attest to the passage of this ordinance. The Clty
Clerk shall caUSe the same to be published once in the
official newspaper within fifteen (15) days after its
after its adoption.
adoption. The ordinance shall become effective from and
~~ROVED AS TO F0
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- b", s.tep~ S. Sta.f~ _
RICfIARO L. 1<NIC.'KERBOCKBR
City Attorney
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ADOPTED AND APPROVED THIS
14th
DAY
OF AprIl
) 1980.
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I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE)
No. 1154 J WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF
THE CITY COUNCIL ON THE lhTn DAY OF M~rrh ) 1980; THAT
THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING
OF THE (ITY COUNCIL ON THE
14thDAY OF ApTll
J 198Q
BY THE FOLLOWING COUNCIL VOTE:
AYES:
COUNC I lr-1EMBERS :
Yannatta Goldway, Jenn~ngs, Reed,
Rhoden, Scott, van den Steenhoven,
Barlbrick
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCIlMEMBERS:
~one
ATTEST:
_Ap,
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CITY CLERK
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