O1981
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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
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Mana M Stewart, CItY Clerk