Loading...
O1154 . .;; -- 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. . ;0 -- " (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, - 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 -2- . 'P e. 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, -3- . -- 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.. -4- . ~ (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 -5- . .. (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. -6- . .. 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 ~i. · - b", s.tep~ S. Sta.f~ _ RICfIARO L. 1<NIC.'KERBOCKBR City Attorney -7- . , . ". ADOPTED AND APPROVED THIS 14th DAY OF AprIl ) 1980. (~Jt. J1~ // / MAV# U 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, ~ - ---- CITY CLERK /