O1986
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City Council Meeting 9-12-00
Santa MOnica, California
ORDINANCE NUMBER 1986_ (ecs)
(CIty Council Serres)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MON ICA EXTENDING I NTERIM ORDINANCE 1982 (CCS) 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, DECLARING THE
PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE 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 fortunetelling
everywhere In the CIty except for the Santa MOnica PIer
(b) The CalifornIa Supreme Court In Splrrtual Psychic Church v Azusa, 39 Cal 3d
501,217 Cal. Rptr 225 (1985) held that fortunetelllng 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 mltlated the process of determmmg the appropriate zoning districts
or areas for fortunetelling Pending the conclusion of this process, and consIstent with
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constitutional requirements, this ordinance expands the areas In which fortunetelling can
be conducted to mclude Ocean Front Walk.
(e) From a land use and zomng perspective, fortunetelllng IS most appropnately
located within the Ocean Front Walk area of the City ThiS area is a key destination for
VIsitors and tOUrists alike. Fortunetelllng IS a VIsitor serving entertainment type use that
meets the land use objectives and poliCies ofthls area ofthe City Moreover, fortunetelling
IS Similar to other entertainment-related uses found and/or permitted Within thiS area
(f) The public health, safety, and welfare requires that constitutional rights be
effectuated In the CJty.
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 followmg 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 carned on and where a fee IS charged. For
purposes of thiS Code, a dance hall does not Include a place where dancing
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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 busmess of a public dance hall
shall not be reqUired to procure any additional license to conduct a dancmg
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 m said dance hall dunng the hours said dance hall is open.
Each pollee 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 Pollee Restnctlons on
operatmg a public dance hall are set forth in detail In Chapter. 6.84, Sections
684010 through 6.84180 of Article 6 of this Code
(d) Fortune Telling. Except upon the Santa Monica Pier or along
Ocean Front Walk m the RVC Dlstnct, where, If duly licensed under the
proviSions of thiS Code, a person may engage m fortune tellmg 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, clalraudrence, crystal gazIng,
medlumshlp, onental mysteries, spint photography, splfltwnting, Splflt VOices,
splnt matenallzatlon, etherealization, numerology, phYSiognomy,
psychometry, seershlp, prophecy, augury, divination, maglcor necromancy,
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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 therem, or give an exhibition thereof at any place where an ad miSSion fee,
donation or reward IS charged or received, directly or mdlrectly
(1) Prohibited Acts. No person shall, by means of occult or psychic
powers, faculties, or forces, splnts. cards, talismans, charms, potions,
magnetism, or magnetized articles or substances, onental mystenes or any
craft or art descnbed m the precedmg subsection purport to orfind 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 skill, mechanical and electncal machines, pool tables, shuffle
alleys, bowling, Video, or Similar games of amusement or skill
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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 RVe District 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 housmg.
(d) Convention and conference facilities
(e) Domestic violence shelters.
(f) Entertamment and cultural uses
(g) Gift or souvenir shops
(h) Libraries
(I) Marine oriented uses such as aquariums
(J) Museums.
(k) Neighborhood grocery stores
(I) Single-family dwellings placed on a permanent foundation (includmg
manufactured housing)
(m) Multifamily dwellings.
(n) Nightclubs within hotels
(0) Retail uses that cater to the vIsiting public
(p) Public parks and playgrounds.
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(q) Residential uses existing at the tIme of adoption of this Chapter
(r) Restaurants
(s) Schools
(t) Semor housing.
(u) Semor 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 servJce yards.
(bb) The following uses if conducted on the Santa Monica Pier or along Ocean Front
Walk
(1) Amusement and game arcades
(2) Bait shops and fishing 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.
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(cc) Accessory uses which are determined by the ZOning Administrator to be
necessary and customarily assocIated with, and are appropriate, mCldental, and
subordinate to, the principal permitted use
(dd) Other uses determined by the ZOning Administrator to be similar to 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 atter March 11,
2002, eighteen months from the date of ItS adoption, unless prior to that date, attera public
heanng, notIced pursuant to Santa Monica MUnicipal Code Section 9.04.20 22 050, or any
successor ordmance thereto, the City Council, by majonty vote, extends tl1ls interim
ordinance
SECTION 5 ThIs ordmance IS declared to be an urgency measure adopted
pursuant to the proVIsions of Section 615 of the Santa MOnica City Charter As set forth
In the findings above, this ordmance is necessary for preserving the public peace, health,
safety, and welfare As an urgency measure, this ordmance is effective Immediately upon
adoption
SECTION 6 Any provIsion of the Santa Monica MuniCipal Code or appendices
thereto mconslstent 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 Ordmance
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SECTION 7. If any section, subsection, sentence, clause, or phrase of this
Ordmance IS for any reason held to be invalid or unconstitutional by a decIsion of any court
of competent JUriSdIction, such decIsion shall not affect the validity of the remaining
portions of this Ordmance The City Council hereby declares that It would have passed this
Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional Without regard to whether any portion of the ordmance
would be subsequently declared invalid or unconstitutional.
SECTION 8 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 upon
ItS adoption
APPROVED AS TO FORM
)1j~A> d~, f1}vh~
MARStlA JON~OUTRI~
City Attorney
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Adopted and approved this 12th day of September, 200tt:
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Ken Genser, Mayor
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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 1986 (CCS) had It'S Introduction and adoption at the City
CounCil meeting held on September 12,2000, by the followmg vote
Ayes:
Council members: Holbrook, Rosenstein, McKeown, Feinstein, Bloom,
Mayor Pro Tern 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