SR-11-I
,
CA RLK:SSS: dd
Council I1eetin.6-26-79
Santa aonica,~lifornla
'2 tP '3 -t/C:;-
/I-I
J U N 6 6 1979
Sr::'AFF REPORT
TO: 11ayor and City Councll
PRm!: Ci ty Attorney
SUBJECT: Proposed Adult Use Ordlnance
INTRODUCTION
ThlS report recoMmends that the Clty Council dlrect the
Clty Attorney to prepare an ordinance regulatlng adult-oriented
buslnesses through the Clty'S PO~lce and Zonlng Powers, and
refer the ~atter to the Plannlng COmffilSS10n for a publlC
hearlng. It lS also reconnendect that the Clty regulate such
establlshments as after-hours entertainment facilltles and
massage parlors through a system of condltional use perMits,
and modlfy lts massage parlor regulatlons to provlde for a system
of competency testlnq rather than educatlon as a prerequislte
to llcenslng of masseuses.
BACKGROUND
The Supreme Court of the Unlted States has recognlzed In
Young v. Amerlcan t11nl Theaters, 427 u.S. 1 (1976), that citles,
through their zonlng powers, may regulate adult-orlented establlsh-
ments such as massage parlors, nude dance halls, and adult
bookstores and movie houses. Typlcally, such uses are conflned
to cOMmercial or lndustr1al zones, and prohibited wlthln
speclfled dlstances from resldences, churches, schools, and
other adult establ~shments. In t:.us '-Jay, a city May mlnlMlze
contact betwen adult-orlented uses and chlldren, and prevent
the creatlon of "red llght" dlstricts. Such a system
is in effect ln Redondo Beach, has been upheld by the Superior
Court, and lS apparently worklng successfully.
1/ q;
J:.Jti :.,J 6
.
e
The only adult use that has evoked substantlal cltlzen
outcry ln the City 1S Bassage Parlors. There are currently
about 15 nassage parlors In the Clty. Our current regulations,
which requlre a masseuse to co~plete 200 hours of schooling
at a state-approved massage school before obtalning a City
llcense, have been prellminarily enJoined by JUdge Jerry Pacht
of the Superior Court. Wh1le 1t 1S belleved that our regulations
ultimately wlll be upheld, staff reconmends that they be
modlfled to lncorporate a requlrement that masseusses be
tested for competency by the County Health Deoartment (as is
done in Los Angeles Clty and County) 1nstead of the current
"200 hours" requlrement.
The C1ty 15 also engaged 1n Iltlgatlon over lts closlng
hours ordinance, SNI1C Section 4223A. Moody's, a local
d1scotheque, contends that It 1S a "private clubll, and
therefore exenpt from the provisions of thlS Section, \vhich establishes
a tT,>lO 0 I clock A.~l. closlnq hour for establlshments to WhlCh
the publlC ~s 2nvlted or in WhlCh the publlc may partlclpate.
It lS reco~ended that th~s Ord1nance be modlf1ed to perm~t
the Counc~l or the Manager to grant conditional use perP1its
to all types of after-hours establishments, based on an
express finding that the after-hours use will not threaten the
pub11c welfare and upon condltlon that the establishMent pay
the costs of Clty serVlces (such as any additional pollce
required) necessltated by the permltted operatlon.
C1ty Staff belleves that this approach to the problem
will allow the C2ty to control the prol~feratlon of adult
orlented establlSQ~ents, pass add~tlonal costs of City serVlces
-2-
e
.
directly to the ~nstitutions respons~ble for generating them,
and ~mpose cond~tions on part~cular operatlons that are suited
to the facts of ind~vldua1 cases.
ALTERNATIVES
1. The City Counc~l nay adopt the Staff
recommendatlon, and dlrect that the City Attorney draft
a proposed ordlnance co~prehensively regulating adult
uses In the Clty, and dlrect the Planning Commission to
hold a public hearlng on the matter.
2. The City Counc~l may ~nstruct the City Attorney to
mod~fy the ex~st~ng regulations governing massage parlors and/
or closing hours to insure thelr validlty.
3. The C~ty Council may ~nstruct the City Attorney
to proceed wlth the defense of the ord~nances as the v are
presently wrltten, prlor to drafting any new ord~nances.
4. ~he C~ty Counc~l May take other approaches to the
problem, lncludlng varlOUS co~blnat~ons of zonlng and
po1~ce regulat~ons.
RECO~1ENDATION
It ~s respectfully recommended that the Clty Counc~l
adopt recomMendations 1 and 2, and ~nstruct the City
Attorney to prepare a proposal conprehenslvely treatlng
the probleMs of adult uses for SUb~lss~on to the Plannlng
Comm~ssion, and to draft ordlnances modlfy~ng the City's
massage parlor and closlng hours regulatlons, for lntroduct~on
at the next Counc~l meetlng.
Prepared by
Rlchard L. Kn~ckerbocker
Stephen Shane Stark
-3-