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City Councii Meeting 9-12-00
Santa Monica, California
ORDINANCE NUMBER 12.aL (CCS)
(City Council Series)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA EXTENDING INTERIM ORDINANCE 1982 (CCS) AMENDING SANTA
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DEVELOPMENT STANDARDS IN THE RVC DISTRICT TO ALLOW
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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 Caiifornia Supreme Court in Spirituai 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
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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 of this area of the 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 City.
SECTION 2.
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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,
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(b) Bowiing, Biiiiard and Pooi Haiis.
(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
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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 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 hal.l 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 alonq
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,
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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 therein, or give 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 oradvice 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.
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games of skiii, mechanical and electrical machines, pooi tabies, 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 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).
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(n) Nightciubs within hoteis.
(0) Retail uses that cater to the visiting public.
(p) Public parks and playgrounds.
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(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 after March 11,
2002, eighteen months from the date of its 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. This ordinance 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 ordinance is necessary for preserving the public peace, health,
safety. and welfare. As an urgency measure, this ordinance is effective immediately upon
adoption.
SECTION 6. Any provision of the Santa Monica Municipa! Code or appendices
thereto inconsistent V'.Jith the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repeaied or modified to that extent necessary to
effect the provisions of this Ordinance.
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SECTION 7. 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 jurisdiction, such decision shall not affect the validity of the remaining
portions ofthis Ordinance. 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 ordinance
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 atter its adoption. This Ordinance shall become effective upon
its adoption.
APPROVED AS TO FORM:
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MARSHA JONES MOUTRIE
City Attorney
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Adopted and approved this 12th day of September, 2000~,
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Ken Genser, Mayor
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. 1986 (CCS) had it's introduction and adoption at the City
Council meeting held on September 12,2000, 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