O1193
CA:sss:~se ~
Council Meeting 12/09/80
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Santa Monica, California
ORDINA...1\JCE NO. 11 93
(City Councl1 Series)
AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF
SANTA MONICA REGULATING THE
LOCATION OF ADULT ENTERTAIN-
~iENT USES.
WHEREAS, continuation of eXlsting concentrations and the
distlnct possibillty of fLrther concentrations of adult uses
withln the City of Santa Monica will adversely effect the public
peace, health, and safety; and
WHEREAS, tbe regulation of adult uses is not adequately
addressed in the Santa Monica Munlcipal Code; and
WHEREAS, the proposed ordinance is ln the public interest
convenience and general welfare, in accordance with'good zoning
practice and should be adopted; and
iiHEREAS, a public hearing was held before the Planning
Commission on the proposed ordinance on June 2, 1980 and, following
further evaluation by Staff, the Planning Commission on November 3,
1980, approved a motlon recommendlng to the Council that lt adopt
the ordinance wlth speclfled changes; and
WHEREAS, the City Council, after a public hearing, concurs
with the recommendations of the Plannlng commission, with certain
modif~cations:
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN:
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SECTION 1. Chapter 7 of Article 9 of the Santa Monica
MunlClpal Code entltled ADULT ENTERTAINMENT USES is hereby
enacted to read as follows:
Section 9700. STATEMENT OF PURPOSE. There is
presently a concentration of adult entertainment
uses ln the City of Santa Monica, the primary purpose
of WhlCh is the commercial exploitation of sexually
oriented activities and displays. These uses have the
effect of demeaning human sexuality and encouraging
an attitude of disdain for women, in particular, as
co~ercial commodities.
There is considerable local and national concern
with many of the effects of adult uses, including
their detrlmenta1 influence on children, increased
crlrninal activity associated with these uses, and the
disruptive effects that adult uses have on adjacent
residential and commercial neighborhoods. In the
long run, the prevalence of such forms of entertain-
ment contributes to a soclal atmosphere which fosters
increased violence agalnst women.
These effects are significantly increased and lnten-
slfied when adult uses are so concentrated as to transforo
the character of a glven area into an adult use district
,
which draws people from outside the city to this
form of entertainment.
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It is deemed necessary to protect the public
health, safety and welfare to control the locatlon
and concentration of such uses. This Chapter
restricts the locations of adult uses to non-
residential areas and prohibits their location in
close proximity to one another or to facilitles
prlmarily devoted to use by children and famllles,
thereby limiting the absolute number of adult uses
in the City and, ln addition, effectively preventlng
the concentration of such uses.
Section 9701. ADULT ENTERTAINMENT USES.
Adult entertainment uses shall be permitted only
ln the C3 and C4 Distrlcts.
Within the C3 and C4 Dlstrlcts, no person shall
cause or permit the establishment of any defined
adult use within 500 feet of any church, public or
private school or college, park, llbrary, playground,
or area zoned for residential use, or within 1,000
feet of another adult use.
The establlshment of an adult use shall include the
opening of such business as a new business, the reloca-
tion of such business, the conversion of an existing
business 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 lntensificatlon of an eXlsting adult use.
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Section 9702. DEFINITIONS.
A. For purposes of this ordinance, Adult Us~s are:
(1) Adult Bookstore
An establishment having as a significant
portion of its stock in trade book, films, maga-
Zlnes and other periodicals which are distinguished
or characterized by an emphasis on depicting- or
describ1ng specified sexual conduct or specified
anatomical areas.
(2) Adult Motion Plcture Theater
An open or enclosed building customarily
used for presentlng motion pictures or other
visual material d1stinguished or characteri~ed
by an emphasis on depleting or describing speei-
fied sexual conduct or specified anatOMical areas.
(3) Adult Motel
A motel whereln materlal is presented which is
distinguished or characterized by an emEhasis on
depictlng or describing specified sexual conduct
or specifled anatomical areas.
(4) Adult Motlon Picture-Arcade
Any place to which the public is permitted or
invlted whereln coin or slug-operated or electronically,
electrically or mech~ically controlled still or
motion picture machines, projectors, or other image-
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producing devices are maintained to show images
to flve or fewer persons per machine at anyone
tlme, and where the images so displayed are dis-
tinguishe4 or characterized by an ~phasis on
depicting or describing specified sexuaL'conduct
or specified anatomical areas.
(5) Adult C?ba~et -
A nightclub, theater, or other establishment
WhlCh features live performances by topless and/or
bottomless dancers, "go-go" dancers, exotic dancers,
strippers, or similar entertainers, where such per-
formances are distinguished or characterized by an
emphasis on specified sexual conduct or specified
anatomical areas.
(6) Massage Parlor
Any place where, for any form of consideration
or gratuity, massage, alcohol rub, administration
of fomentations, electric or magnetic treatments, or
any other treatment or manlpulation of the human
body occurs where such treatment or manipulation is the
pr1nc~pal business of the establishment and is not
part of a recognized therapeutic regime.
(7) Adult Model Studio
Any place where, for any form of consideration
or gratulty, figure models who display specified
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anatomical areas are provided to be observed,
sketched, drawn, painted, sculptured, photo-
graphed, or similarly depicted by persons paying
such conslderation or gratulty.
(8) Sexual Encounter Center
Any business, agency, or person who, for
any form of consideration or gratulty, provides
a place where three or more persons, not all
members of the s~e family, may congregate,
assemble or aSSOClate for the purpose of engaglng
ln specified sexual conduct or exposing specified
anato~ical areas.
(9) Sexual Paraohernalia Store
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Retail store specializing In the sale of
paraphernalia, devices, or equipment distinguished
or characterlzed by an emphasls on depicting or
descrlbing speclfied sexual conduct or used In
connection with specified sexual conduct.
(10) Such other uses or activities as the Planning
Commission may find slmllar to those llsted and
dlstinguished by an emphasis on depictlng,
describing or providlng specifled sexual conduct
or specified anatomical areas.
B. For purposes of this section Specified Sexual
Activities are:
(1) Human genltals ln a state of sexual stlffiulation
or arousal;
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(2) Acts of human masturbatlon, sexual intercourse
or sodomy; or
(3) Fondling or other erotic touching of human
genitals, pubic region, buttock or female breasts.
C. For purposes of this section Specified Anatomical
Areas are:
(1) Less than completely and opaquely covered
(a) human genitals, pubic reglon: (b) buttock: and
(c) female breast below a point immediately above
the top of the areola: or
(2) Human male genltals, less than completely and
opaquely covered, or human male genitals in a dis-
cernably turgld state, even lf completely and
opaquely covered.
Section 9703. EX~lPTION.
The provisions of this Chapter shall not apply to
educational institutions accredited by appropriate
state agencles.
Sectlon 9704. &~ORTIZATION OF NON-CONFORMING USES.
Wlthin one year after the effectlve date of Sections
Q700, 9701 and 9702, all non-conforming adult entertain-
ment uses as defined in Section 9702 shall be brought into
full compliance with this Chapter except that such
activities may continue for up to an additional two years
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upon the grant1ng of a Conditional Use Permit,
pursuant to the CONDITIONAL USE PROCEDURE set forth at
Section 9148 of the Munic1pal Code, and upon a
determination that the adult use 1S obl1gateu by
wr1tten lease of the prem1ses exceeding one year
from the effect1ve date of Sect10ns 9700, 9701, and 9702
or that the'adult use involves investment of money
1n leasehold or ioprove~ents such that the longer
per10d is necessary to pre~ent undue financial h~dsh1p.
Por purposes of th1S sect1on, in the case of two adult
uses located with1n 1,000 ~fe~~ of one another, that
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use \ihich was f1rst 1,awful_ly established and is otherwise
1n conform1ty w1th this Cha9ter, shall be entlt1ed to
continue 1n its present locat1on.
SECTION 2. Any prov1sion of the Santa Monica Municipal Code
or appendices thereto 1nconsistent therewlth, to the extent of such
inconsistencies and no further, are hereby repealed or modified
to that extent necessary to effect the prov1sions of this ordinance.
SECTION 3. If any sect1on, subsection, sentence, clause, or
phrase of this ordinance 1S for any reason held to be invalid or
unconstitutional by a dec1s1on of any court of any competent
jurisdictlon, such dec1s~on shall not affect the validity of the
remaining port1ons of the ord1nance. ~he C1ty Council hereby
declares that 1t would huve passed th~s ord~nance and each an~
every sect1on, subsection, sentence, clause, or phrase not declared
1nvalid or unconstitutional w1thout regard to whether any portion
of the ord1nance would be subsequently declared invalid or
unconstitut1onal.
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SECTION 4. The Mayor shall slgn and the Clty Clerk shall
attest to the passage of thls ordlnance. The City Clerk shall
cause the same to be published once In the offlclal newspaper
15 days after lts adoption. The ordlnance shall become effectlve
after 30 days from its adoption.
APPROVED AS TO FORM:
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ADOPTED AND APPROVED THIS
14th
DAY
OF January
1981
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/')p;Mt-A, J;Jo./~:.
( 'r: rfJoR
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I HEREBY CERTIFY THAT THE FOREGOING ORDINANCEJ
No. 1193 I WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF
THE CITY COUNCIL ON THE 9th DAY OF December J 1980i THAT
THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING
OF THE CITY COUNCIL ON THE 14th DAY OF January ~ 1981
BY THE FOLLOWING COUNCIL VOTE:
AYES:
COUNCILMEMBERS: Vannatta Goldway, Jennings, Reed
Scott and Mayor Bambrick
NOES:
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COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: ~hoden
ATTEST:
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&20L /?JxflldA-c
CITY CLERK