O1981 (2)
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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 MUNiCIPAL 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 OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. Findinqs and Purpose. The City Council finds and declares:
(a) Santa Monica Municipal Code Section 6.14.040(d) prohibits fortunetelling
everywhere in the City except for the Santa Monica Pier.
(b) The California Supreme Court in Soiritual Psychic Church v. Azusa, 39 Cal. 3d
501, 217 Cal. Rptr. 225 (1985) held that fortunetelling 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 fortunetelling.
(d) City staff has initiated the process of determining the appropriate zoning districts
or areas for fortunetelling. Pending the conclusion of this process, and consistent with
constitutional requirements, this ordinance expands the areas in which fortunetelling can
be conducted to include Ocean Front Walk.
(e) From a land use and zoning perspective, fortunetelling is most appropriately
located within the Ocean Front Walk area of the City. This area is a key destination for
visitors and tourists alike. Fortunetelling is a visitor serving entertainment type use that
meets the land use objectives and policies ofthis area of the City. Moreover, fortunetelling
is similar to other entertainment-related uses found and/or permitted within this area.
SECTION 2. Santa Monica Municipal Code Section 6.14.040 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 police officers shall
be under the direction and control of the Chief of Police. Restrictions on
operating a public dance hall are set forth in detail in Chapter. 6.84, Sections
6.84.010 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, clairaudience, crystal gazing,
mediumship, oriental mysteries, spirit photography, spiritwriting, spirit voices,
spirit materialization, etherealization, numerology, physiognomy,
psychometry, seership, 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, orgive an exhibition thereof at any place where an admission 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 described in the preceding subsection purport to or find or restore
lost or stolen property, locate oil 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 friends, 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 or publications, radio, television, or by any other media or means,
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 ski!!, mechanical and electrica! machines, pool tables, shuffle
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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 RVC District unless the
following findings are made:
The project complies with the existing RVC District development standards except
the following constitutes the permitted uses in-the RVC District, if conducted within an
enclosed building, 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) Libraries.
(i) Marine oriented uses such as aquariums.
U) 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.
Walk:
(q) Residential uses existing at the time of adoption of this Chapter.
(r) Restaurants.
(s) Schools.
(t) Senior housing.
(u) Senior group housing.
(v) Single room occupancy housing.
(w) Skating rinks.
(x) Snack shops.
(y) Swim and health clubs.
(z) Transitional housing.
(aa) Outdoor public utilities and maintenance service yards.
(bb) The following uses if conducted on the Santa Monica Pier or along Ocean Front
(1) Amusement and game arcades.
(2) Bait shops and fishing supplies.
(3) Exhibitions and games.
(4) Fish markets.
(5) Fortunetelling.
(6) Marine 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 appropriate, incidental, and
subordinate to, the principal permitted use.
(dd) Other uses determined by the Zoning Administrator to be similarto 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 prior to that date, after a public hearing, noticed pursuant to Santa
Monica Municipal Code Section 9.04.20.22.050, or any successor ordinance thereto, the
City Council, by majority 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
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Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion ofthe 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 TO FORM:
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MARSHA JONES MOUTRIE (
City Attorney
Adopted and approved this 8th day of August. 2000'~
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Ken G ser, Mavor
"'
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria 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 Monica City Council meeting held on August 8, 2000, by the
following vote:
Ayes:
Council members: Holbrook, Rosenstein, McKeown, Feinstein, Bloom,
Mayor Pro Tem O'Connor, Mayor Genser
Noes:
Council members: None
Abstain: Council members: None
Absent: Council members: None
ATTEST:
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Maria M. Stewart, City Clerk