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O1981 f \atty\mu nI\Jaws\barry\fortunelntord-1 wpd City Council Meeting 8-8-00 Santa MOnica, California ORDINANCE NUMBER 1981 (CCS) (City Council Series) AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUN!CIPAL CODE SECTION 6 14 040(d) AND MODIFYING THE DEVELOPMENT STANDARDS IN THE RVC DISTRICT TO ALLOW FORTUNETELLlNG AS A PERMITTED USE ON OCEAN FRONT WALK WITHIN THE RVC DISTRICT THE CITY COUNCIL OFTHE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS SECTION 1 Findings and Purpose The City Council finds and declares: (a) Santa Monica MUnicipal Code Section 6 14 040(d) prohibits fortunetellln9 everywhere In the City except for the Santa MOnica Pier (b) The California Supreme Court In SpIritual Psychic Church v Azusa, 39 Cal. 3d 501, 217 Gal Rptr 225 (1985) held that fortunetellin9 IS a constitutionally protected activity (c) The City IS authOrized to Impose reasonable time, place, and manner restrictions on the conduct of First Amendment actiVitIes, including fortunetelhng. (d) City staff has Initiated the process of determining the appropriate zOning dlstncts or areas for fortunetelhng Pending the conclUSion of thiS process, and consistent with constitutional requirements, thiS ordinance expands the areas in which fortunetelllng can be conducted to Include Ocean Front Walk (e) From a land use and zOning perspective, fortunetelllng IS most appropnately located wIthIn the Ocean Front Walk area of the CIty ThIs area IS a key destmatlon for VIsitors and tourists alike Fortunetelllng IS a VIsitor serving entertainment type use that meets the land use objectives and poliCies of this area of the City Moreover, fortunetelllng IS similar to other entertainment-related uses found and/or permitted Within this area. SECTION 2 Santa MOnica MUnicipal Code Section 6 14040 IS hereby amended to read as follows: Section 6.14.040 Recreation and Entertainment Activities Requiring Police Permits. The follOWing recreatIon and entertainment activities require a police permit (a) Arcade Any general enclosure In which IS operated or exhibited any skee ball, bowling, Video game, or any other amusement Instrument, game, deVice or machine (b) Bowling, Billiard and Pool Halls. (c) Dance Hall. A place where the bUSiness of holding or conducting public dances IS regularly carried on and where a fee IS charged. For purposes of thiS Code, a dance hall does not Include a place where danCing IS held or conducted at an otherwIse lawful bar or restaurant even though a fee or cover charge may be required The holder of a lIcense to conduct the business of a public dance hall shall not be reqUired to procure any additional license to conduct a danCing academy In the event that such danCing academy IS conducted at the same location and under the management of said public dance hall The licensee or hiS or her agent shall employ the number of police officers deemed necessary by the Chief of Police to properly preserve the public health, peace and safety In said dance hall dUring the hours said dance hall IS open. Each police officer so employed shall be paid the maximum prevailing wage for special work as established by the City CouncIl. The pollee officers shall be under the direction and control of the Chief of Police. Restnctions on operating a public dance hall are set forth In detail In Chapter 6 84, Sections 684010 through 6 84 180 of Article 6 of this Code (d) Fortune Telling Except upon the Santa MOnica Pier or along Ocean Front Walk In the RVC District, where, if duly licensed under the proVISions of thiS Code, a person may engage in fortune telling for amusement purposes, no person shall carry on, practice or profess to practice the bUSiness or art of astrology, palmistry, phrenology, life reading, fortune telling, cartomancy, clairvoyance, clalraudlence, crystal gazing, medlumshlp, Oriental mystenes, Spirit photography, spmtwritlng, spirit VOices, Spirit materialIzatIOn, etherealizatIon, numerology, phYSIognomy, psychometry, seershlp, prophecy, augury, diVination, magic or necromancy, or other Similar art or bUSiness, and demand or receive directly or Indirectly, a fee or reward, or accept any donation for the exerCise or exhibition of this art therein, or give an exhibition thereof at any place where an ad mission fee, donatIon or reward IS charged or receIved, dIrectly or indIrectly. (1) Prohibited Acts No person shall, by means of occult or psychic powers, faculties, or forces, Spirits, cards, talismans, charms, potions, magnetism, or magnetized articles or substances, oriental mysteries or any craft or art descnbed In the preced Ing su bsectlon purport to or find or restore lost or stolen property, locate 011 wells, gold or silver or other ore or metal or natural product, restore lost love or friendship or affection, unite or procure lovers, husbands, Wives, lost relatives or fnends, or by such means give any counseling or adVice whatsoever, and demand or receive directly or indirectly a fee or reward or accept any donation therefor (2) Advertising Illegal Acts No person shall advertIse by sign, circular, handbIll, or In any newspaper, periodical or magazine, or other publication orpubhcatlons, radio, televIsion, orby anyothermedia ormeans, that he or she Will do anything which IS prohibited by thiS subsection (e) Rides--Manual, Electrical or Mechanical Operated. (f) Shooting Gallery. (g) Skill Games, Machines, and Amusement Devices. Manual games of Skill, mechanical and electrical machines, pool tables, shuffle alleys, bowling, VIdeo, or simIlar games of amusement or skill SECTION 3 No development or permit shall be approved pursuant to Chapter 1 of Article IX of the Santa Monica MUnicipal Code for land In the RVe Dlstnct unless the following findings are made The project complies With the eXisting RVe District development standards except the following constitutes the permitted uses In the RVe District, If conducted Within an enclosed bUlldmg, except where otherwise permItted (a) Arts and crafts shops (b) Camera shops (c) Congregate housing (d) Convention and conference faCIlities. (e) Domestic Violence shelters (f) Entertainment and cultural uses (g) GIft or souvenir shops. (h) Llbranes (I) Marine oriented uses such as aquariums (j) Museums. (k) Neighborhood grocery stores. (I) Single-family dwellings placed on a permanent foundation (Including manufactured hOUSing) (m) Multifamily dwellings (n) Nightclubs Within hotels (0) Retail uses that cater to the vIsiting public. (p) Public parks and playgrounds (q) Residential uses existing at the time of adoption of this Chapter (r) Restaurants (s) Schools (t) Senior housing (u) Semor group housing (v) Single room occupancy housing (w) Skating nnks (x) Snack shops (y) SWim and health clubs (z) Transitional housing. (aa) Outdoor public utilities and maintenance service yards. (bb) The following uses rfconducted on the Santa MonIca Pferoralong Ocean Front Walk (1) Amusement and game arcades (2) Bait shops and fishmg supplies. (3) Exhibitions and games (4) Fish markets (5) Fortunetelllng (6) Manne service stations and boat landings on the Pier only (7) Night clubs. (8) Sport fishing. (cc) Accessory uses whIch are determined by the Zoning Administrator to be necessary and customarily assocIated with, and are appropnate, Incidental, and subordinate to, the principal permitted use (dd) Other uses determined by the ZOning Administrator to be slmllarto those listed above and which are consistent and not more disruptive or disturbing than permitted uses. SECTION 4. This ordinance shall be of no further force and effect 45 days from Its date of adoption, unless pnor to that date, after a public hearing, noticed pu rsuant to Santa MOnica MUnicipal Code Section 9 04 2022050, or any successor ordinance thereto, the City Council, by maJonty vote, extends this interim ordinance SECTION 5 Any proVISion of the Santa MOnica MUnicipal Code or appendices thereto inconsistent With the proVISIons of this Ordinance, to the extent of such inCOnSistencies and no further, IS hereby repealed or modified to that extent necessary to effect the prOVISions of thiS Ordinance. SECTION 6 If any section, subsection, sentence, clause, or phrase of this Ordinance IS for any reason held to be Invalid or unconstitutional by a decision of any court of competent Junsdlctlon, such deCision shall not affect the validity of the remaining portions of thiS Ordinance The CIty CouncIl hereby declares that It would have passed thIS Ordinance and each and every section, subsectlon, sentence, clause, or phrase not declared Invalid or unconstitutional Without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional SECTION 7 The Mayor shall sIgn and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once In the official newspaper within 15 days after Its adoption This Ordinance shall become effective 30 days from Its adoption. APPROVED AS TS;> FORM " \{l~/<L~A /1iP/4, MARSHA JON~ "[\.fOLJTRIE- City Attorney Adopted and approved this 8th day of August, 2000 State of California ) County of Los Angeles) ss City of Santa Monica ) I, Mana M Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No 1981 (CCS) had It's introduction on July 11, 2000, and was adopted at the Santa Momca City CounCil meeting held on August 8,2000, by the follOWing vote. Ayes CounCil members Holbrook, Rosenstein, McKeown, Femstem, Bloom, Mayor Pro Tem O'Connor, Mayor Genser Noes CounCil members None Abstam. Council members None Absent CounCil members None ATTEST ~- -- - --~ ~ \ ~ ~, - \ \_l~ \.\) ~~~CA-/V'\~ Mana M Stewart, CItY Clerk