Loading...
O2173 f:\atty\munNaws\mjm\adultretailrevised2.doc City Council Meeting 10-25-05 Santa Monica, California ORDINANCE NUMBER 2173 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 9.44 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO SEXUALLY-ORIENTED BUSINESSES WHEREAS, Santa Monica is a small, densely populated city in which many residents live in very close proximity to businesses and commercial thoroughfares; and WHEREAS, the City Council wishes to proted residents' quality of life by, among other things, ensuring to the extent possible that businesses do not operate in a way which unduly disrupts or threatens residential neighborhoods; and WHEREAS, Santa Monica is the home of thousands of families which include children and youth; and WHEREAS, the City Council wishes to protect the safety, welfare and quality of life of all Santa Monicans, particularly children and others who are less able to protect themselves; and WHEREAS, in addition to being" a residential community, Santa Monica is also a visitor-serving entertainment center and home to a diverse business community; and WHEREAS, the Council wishes to recognize and protect the rights of all business owners; and 1 WHEREAS, sexually-oriented businesses have secondary impacts on surrounding neighbors and their quality of life; and WHEREAS, the City Council hereby takes legislative notice of the existence and content of the following studies concerning the adverse secondary side effects of sexually-oriented businesses in other cities: Garden Grove, California (1991); Tucson, Arizona (1990); Seattle, Washington (1989); Austin, Texas (1986); Oklahoma City, Oklahoma (1986); Indianapolis, Indiana (1984); Houston, Texas (1983); Beaumont, Texas (1982); Minneapolis, Minnesota (1980); Phoenix, Arizona (1979); Whittier, California (1978); Amarillo, Texas (1977); Cleveland, Ohio (1977); and Los Angeles, California (1977); S1. Paul, Minnesota (1987); Newport News, Virginia (1996); Times Square, New York (1994); New York, New York (1994); and WHEREAS, the City Council finds that these studies are relevant to the problems addressed by the City in enacting this ordinance to regulate the adverse secondary side effects of sexually-oriented businesses; and WHEREAS, the City Council finds that these studies provide convincing evidence that: (1) sexually-oriented businesses are linked to increases in the crime rates in the businesses' vicinity and in surrounding areas for crimes such as narcotics use and distribution, prostitution, pandering, and violence against persons and property; (2) both the proximity of sexually-oriented businesses to sensitive land uses and the concentration of sexually-oriented businesses tend to result in the blighting and deterioration of the areas in which they are located lowering property values; (3) the location and concentration of sexually-oriented businesses also results in significant negative aesthetic impacts upon neighboring properties and the community as a whole; 2 (4) the proximity and concentration of sexually-oriented businesses adjacent to residential, recreational, religious, educational and other sexually-oriented business uses can cause residents and businesses to relocate; and WHEREAS, in developing this Ordinance, the City Council is mindful of legal principles relating to regulation of adult businesses, and the City Council does not intend to suppress or, infringe upon any expressive activities protected by the First Amendment of the United States and California Constitutions but instead desires to enact reasonable time, place, and manner regulations that address the adverse secondary effects of adult businesses. The City Council has considered decisions of the United States Supreme Court regarding local regulation of adult businesses, including but not limited to: City of Littleton, Colorado v. ZJ Gifts D 4, 541 U.S. 744 (2004); City of Los AnQeles v. Alameda Books, 535 U.S. 425 (2002); City of Erie v. Pap's A.M. ("Kandyland"), 529 U.S. 277 (2000); FW/PPBS. Inc. v. City of Dallas, 493 U.S. 215 (1990); City of Renton v. Playtime Theatres. Inc., 475 U.S. 41 (1986); and YounQ v. American Mini Theaters. Inc., 427 U.S. 50 (1976); decisions of the United States Court of Appeals for the Ninth Circuit, including but not limited to: Gammoh v. City of La Habra, 395 F3d 1114 (9th Cir. 2005), ptn. for rehearinQ denied and opinion amended 402 F.3d 875; Dream Palace v. County of Maricopa, 384 F.3d 990 (9th Cir. 2004); World Wide Video v. City of Spokane; 368 F.3d 1186 (9th Cir. 2004); Center for Fair Public Policy v. Maricopa County, 336 F.3d 1153 (9th Cir. 2003); Diamond v. Citv of Taft, 215 F.3d 1052 (9th Cir. 2000), cert. denied 531 U.S. 1072 (2001); Isbell v. City of San DieQo, 258 F.3d 1108 (9th Cir. 2001); YounQ v. City of Simi Valley, 216 F.3d 807 (9th Cir. 2000), cert. denied 531 U.S. 1104 (2001); Lim v. City of LonQ Beach, 217 F.3d 3 1050 (9th Cir. 2000), cert. denied 121 S.Ct. 1189 (2001); Baby Tam & Co.. Inc. v. City of Las Veqas (" Baby Tam 1"),154 F.3d 1097 (9th Cir. 1998); Baby Tam :& Co., Inc. v.' Citv of Las Vegas ("Babv Tam 11"), 199 F.3d 1111 (9th Cir. 2000); Baby Tam & Co., Inc. v. City of Las Veqas ("Babv Tam 111"), 247 F.3d 1003 (9th Cir. 2001); 4805 Convoy. Inc. v, Citv of San Dieqo, 183 F.3d 1108 (9th Cir. 1999); Topanqa Press, Inc. v. City of Los Anqeles, 989 F.2d 1524 (9th Cir. 1993), cert. denied 511 U.S. 1030 (1994); Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986); Colacurcio v. City of Kent, 163 F.3d 545 (9th Cir. 1998), cert. denied 529 U.S. 1053 (2000); Bryan H. Crawford v. Daniel E. Lunqren, 96 F.3d 380 (9th Cir. 1996); Ellwest Stereo Theatres, Inc. v. Paul Wenner, 681 F.2d 1243 (9th Cir. 1982); Tollis, Inc. v. San Bernardino County, 827 F.2d 1329 (9th Cir. 1987); Walnut Properties, Inc. v. City of Whittier, 861 F.2d 1102 (9th Cir. 1988); several California cases, including but not limited to: THv B. , Inc.'v. Citv of Newport Beach, 69 Cal.AppAth 1 (1998); City of National Citv v. Wiener, 3 CalAth 832 (1993), cert. denied 510 U.S. 824; People v. Superior Court (Lucero) 49 Cal.3d 14 (1989); Department of Alcoholic Beveraqe Control v. Alcoholic Beveraqe Appeals Board of California ("Vicary"), 99 Cal.AppAth 880 (2002); Citv of Valleio v. Adult Books, 167 Cal.App.3d 1169 (1985), cert. denied 475 U.S. 1064 (1986); Wayne C. Berry v. Citv of Santa Barbara, 40 Cal.AppAth 1075 (1995); City of Stanton v. Cox, 207 Cal.App.3d 1557 (1989); J.L. Thomas v. County of Los Anqeles, 232 Cal.App.3d 916 (1991) ; and other federal and state cases, including but not limited to: SOB, Inc. v. County of Benton, 317 F.3d 856, 863 (8th Cir. 2003); Lakeland Lounge v. City of Jacksonville, 973 F.2d 1255 (5th Cir. 1992), cert. denied 507 U.S. 1030 (1993); International Eateries v. Broward County, 941 F.2d 1157 (11thCir.1991), cert. denied 503 U.S. 920(1992); LadvJ. 4 Linqerie. Inc. v. City of Jacksonville, 176 F.3d 1358 (11th Cir. 1999); Executive Arts v. City of Grand Rapids, 391 F.3d 783 (6th Cir. 2004); Z.J. Gifts 0-4. L.L.C. v. City of Littleton, 311 F.3d 1220 (10th Cir. 2002); Encore Videos, Inc. v. City of San Antonio, 330 F.3d 288, (5th Cir. 2003), as amended 352 F.3d 938 (5th Cir. 2003); Williams v. Attorney General of Alabama, 378 F.3d 1232 (11th Cir. 2004); Doctor John's. Inc. v. City of Sioux City. Iowa, 305 F.Supp.2d 1022 (N.D. Iowa 2004); Wil-Kar, Inc. v. Villaqe of Germantown, 153 F.Supp.2d 982 (E.D. Wis. 2001); State v. Hanna, 901 SO.2d 201 (Fla.App. 5 Dist.); and Z.J. Gifts 0-2. L.L.C. v. City of Aurora, 93 P.3d 633 (Colo.App. 2004); and WHEREAS, based on the foregoing, the City Council finds and determines that special regulation of sexually-oriented businesses is necessary to ensure that their adverse secondary side effects will not contribute to an increase in crime rates, to the blighting or deterioration of the areas in which they are located or surrounding areas. to pornographic litter, and to detrimental economic and aesthetic impacts upon neighboring properties and the community as a whole; and WHEREAS, the need for such special regulations is based upon the recognition that sexually-oriented businesses have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in direct proximity to sensitive uses such as parks, schools, churches, thereby having a deleterious side effect upon the adjacent areas; and WHEREAS, one purpose and intent of these special regulations is to prevent the concentration of sexually-oriented businesses and thereby prevent such adverse secondary side effects; and 5 WHEREAS, the local requirements established by this ordinance do not unreasonably restrict the establishment or operation of constitutionally-protected sexually-oriented businesses in the City, and a sufficient reasonable number of appropriate locations for sexually-oriented businesses are provided by this Ordinance; and WHEREAS, zoning, licensing and other police power regulations are legitimate, reasonable means of accountability to help protect the quality of life in the City and to help assure that all operators of sexually-oriented businesses comply with reasonable regulations and are located in places that minimize the adverse secondary effects which naturally accompany the operation of such business; and WHEREAS, the Council recognizes the possible harmful effects on children and minors exposed to the effects of such sexually-oriented businesses and the need and desire of children and minors to stay away from and avoid such businesses, which causes children to be fearful and cautious when walking through or visiting a neighborhood where such businesses are concentrated; and WHEREAS, the potential for such harmful side effects on children and minors is a particular concern in Santa Monica because so many schools, playgrounds and other facilities routinely frequented by children are in or near commercial areas; and WHEREAS, the Council desires to minimize and control the adverse secondary side effects associated with the operation of sexually-oriented businesses and thereby protect the health, safety, and welfare of the citizens of the City; and WHEREAS, the Council desires to protect the citizens of the City from increased crime, preserve the quality of life, preserve property values and the character of 6 surrounding neighborhoods and businesses, deter the spread of urban blight, eliminate pornographic litter, and protect against the threat to health from the spread of communicable and sexually transmitted diseases; and WHEREAS, while the Council respects and desires to protect the rights conferred by the United States Constitution upon sexually-oriented businesses, the Council intends to protects those rights in a manner that ensures the continued and orderly economic development of property within the City and diminishes, to the greatest extent feasible, those undesirable secondary effects which the aforementioned studies have shown to be associated with the development and operation of sexually- oriented businesses; WHEREAS, it is not the intent of the City Council in enacting this Ordinance or any provision thereof to condone or legitimize the distribution of obscene material, and the City and its Council recognize that State law prohibits the distribution of obscene materials and expect and encourage law enforcement official to enforce State obscenity statutes against such illegal activities in the City; and WHEREAS, the City Council does not intend to regulate in any area preempted by California law, including, but not limited to, regulation of obscene speech; and WHEREAS, nothing in this Ordinance is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any City ordinance or any statute of the State of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter, or the exhibition or public display thereof, 7 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 9.44 of the Santa Monica Municipal Code is hereby amended to read as follows: CHAPTER 9.44 SEXUALL Y-ORIENTED BUSINESSES Section 9.44.010. Statement of purpose. It is the purpose and intent of this Chapter to regulate the operations of sexually-oriented businesses, which have judicially recognized adverse secondary effects, including, but not limited to, increases in crime in the vicinity of adult businesses; decreases in property values in the vicinity of adult businesses; increases in vacancies in residential and commercial areas in vicinity of adult businesses; interference with residential property owners' enjoyment of their properties; and the deterioration of neighborhoods. Special regulation of these businesses is necessary to prevent these adverse secondary effects while at the same time protecting the First Amendment rights of those individuals who desire to own, operate or patronize adult businesses. It is therefore the purpose of this Chapter to establish reasonable and uniform regulations to prevent the concentration of sexually- 8 oriented businesses or their close proximity to incompatible uses, while permitting the location of sexually-oriented businesses in certain areas. Section 9.44.020. Location of Sexually-oriented businesses. It shall be unlawful to operate or cause to be operated a sexually-oriented business except as provided in this Code: (a) Sexually-oriented businesses shall be considered a permitted use only in Designated Commercial Districts. Sexually-oriented businesses shall be prohibited in all other zoning districts in the City. (b) Within the Designated Commercial Districts, no person shall cause or permit the establishment of any sexually-oriented business within 500 feet of any, religious institution, school, public park, public library, public playground, or residential district, or within 1,000 feet of another sexually-oriented business. The required separation distance between sexually- oriented businesses and any of the uses specified above 9 shall be measured in a straight line from the closest points on the property lines of each site. (c) No more than one sexually-oriented business may be operated or maintained in the same building, structure, or portion thereof. Section 9.44.030. Definitions. (A) "Adult-oriented merchandise" shall mean any goods, products, commodities or other ware, including, but not limited to videos, CD ROMs, DVDs, computer disks or other storage devices, magazines, books, pamphlets, posters, cards, periodicals, or non-clothing novelties which are distinguished or characterized by an emphasis upon the depiction, simulation, or acting out of specified sexual activities or specified anatomical areas. (8) "Designated Commercial Districts" shall mean the C3, C3C, C4, C5, LMSD, M1, and 8SC Districts. (C) "Distinguished or characterized by an emphasis upon" shall mean and refer to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or 10 description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. (0) "Establishment of a sexually-oriented business" shall mean and include any of the following: (1) The opening or commencement of any sexually- oriented business as a new business. (2) The conversion of an existing business, whether or not a sexually-oriented business, to any sexually-oriented business defined herein. (3) The addition of any of the sexually-oriented businesses defined herein to any other existing sexually- oriented business. (4) The relocation of any such sexually-oriented business. (E) "Regularly features" shall mean a regular and substantial course of conduct. Live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical area or specified sexual 11 activities which occur on four (4) or more occasions within a thirty (30) day period; six (6) or more occasions within a sixty (60) day period; or eight (8) or more occasions within a one hundred eighty (180) day period shall be deemed to be a regular and substantial course of conduct. (F) "Religious Institution" shall mean church, convent, monastery, synagogue, mosque, or other place of religious worship. (G) "Residential Districts" shall mean the R 1, R2, R2R, R2B, R3, R3R, R4, RVC, R-MH, OP1, OP-D, OP2, OP3, and OP4 Districts or any other district designated by the City Council as a residential district. (H) "School" shall mean any child or day care center, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education, This includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, charter school, or any special institution of education or work training program for physically and mentally disabled adults, but does not include a vocational or professional institution 12 of higher education, including a community or junior college, or college or university. (I) "Sexually-oriented businesses" shall mean any of the following: (1) "Adult arcade" shall mean an establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five (5) or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction, simulation, or acting out of specified sexual activities or specified anatomical areas. (2) "Adult cabaret" shall mean a nightclub, restaurant, or similar business establishment which: (1) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; (2) which regularly features persons who appear semi-nude; or (3) shows films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions 13 thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction, simulation, or acting out of specified sexual activities or specified anatomical areas. (3) "Adult hotel/motel" shall mean a hotel or motel or similar business establishment offering public accommodations for any form of consideration which: (1) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction, simulation, or acting out of specified sexual activities or specified anatomical areas; and (2) rents, leases, or lets any room for less than a six (6) hour period, or rents, leases or lets any single room more than twice in a 24 hour period. (4) "Adult motion picture theater" shall mean a business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis 14 upon the depiction, simulation, or acting out of specified sexual activities or specified anatomical areas. (5) "Adult r~tail use establishment" shall mean an establishment that has thirty (30) percent or more of its stock in adult oriented merchandise. (6) "Adult theater" shall mean a theater, concert hall, auditorium, or similar establishment which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities. (J) "Specified Sexual Activities" shall mean: 1. Human genitals in a state of sexual stimulation or arousal; 2. Sex acts, actual or simulated, including acts of masturbation, sexual intercourse, oral copulation, or sodomy; or 3. Fondling or other erotic touching of human genitals, pubic region, buttock, anus, or female breasts. 15 4. Excretory functions as part of or in connection with any of the other activities described in subdivisions (1) through (3) of this subsection (J). (K) "Specified Anatomical Areas" shall mean: 1. Less than completely and opaquely covered (a) Human genitals, pubic region; (b) Buttock; and (c) Female breast below a point immediately above the top of the areola; or 2. Human male genitals, less than completely and opaquely covered, or human male genitals in a discernably turgid state, even if completely and opaquely covered. 3. Any device, costume, or covering that simulates any of the body parts included in subdivisions (1) or (2) of this subsection. (L) "Stock" shall mean any of the following: (1) The business devotes thirty percent (30%) or more of the retail floor area to adult-oriented merchandise. 16 (2) The business devotes thirty percent (30%) or more of its annual retail inventory (measured by the number of items or the consumer retail price of the inventory) to adult-oriented merchandise. (3) The retail value of merchandise that is distinguished or characterized by an emphasis on Specified Sexual Activities or Specified Anatomical Areas is thirty percent (30%) or more of the total retail value of inventory offered in each of the following categories: (a) books, (b) magazines, (c) video tapes or any material in digital format including, but not limited to, compact disc (CD) or digital video disc (DVD), for sale or rental, (d) non-clothing novelties and devices, and (e) on-premises viewing of images, films and/or videos. (4) Annual gross revenue derived from adult-oriented merchandise is thirty percent (30%) or more of the total gross revenue. There is a rebuttable presumption that a business constitutes a sexually-oriented business where the business (1) offers or advertises merchandise that is distinguished or characterized by an emphasis upon Specified Sexual Activities or Specified Anatomical Areas and (2) fails to 17 make revenue and inventory related business records available to the City upon reasonable advance notice. Section 9.44.040. Amortization of nonconforming uses. The following amortization provisions shall apply to nonconforming uses: (a) Any use of real property existing on September 27, 2005, which does not conform to the provisions of this Ordinance No. _ (CCS), but which was constructed, operated and maintained in compliance with all previous regulations governing sexually-oriented uses, shall be regarded as a legal nonconforming use which may be continued until November 24, 2006. (b) The owner or operator of a nonconforming use may apply to the City Council for an extension of time within which to terminate the nonconforming use. An extension shall be for a reasonable period of time commensurate with the investment involved and shall be approved if the City Council makes all of the following findings or such other findings as are required by law: 18 (1) The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made prior to September 27,2005. (2) The applicant will be unable to recoup said investment as of November 24, 2006. (3) The applicant has made good faith efforts to recoup the investment and to relocate the use to a location to meet the requirements of this Chapter. (c) For purposes of this section, in the case of two adult uses located within 1,000 feet of one another, that use which was first lawfully established and is otherwise in conformity with this Chapter, shall be entitled to continue in its present location. Section 9.44.050. Processing and Approval of Business License Applications. . The City shall act upon any application for a business license to operate a sexually-oriented business within thirty (30) days. The failure to act on the application within thirty 19 (30) days shall be deemed an approval unless the applicant voluntarily agrees to extend the time for the City to act upon the application. The City shall approve the business license application unless it is determined that: (1) The applicant, its employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application or in any report or record required to be filed with the Finance Department. (2) The application does not contain the information required by this Chapter or Chapter 6 of this Code. (3) All required fees have not been paid. (4) The operation of the sexually-oriented business is or would be in violations of one or more provisions of this Chapter. (5) The premises where the sexually-oriented business is or would be located do not comply with all applicable laws, including, but not limited to the City's building, health, zoning and fire ordinances. (6) A business license for the operation of the sexually-oriented business has been issued to the applicant, 20 a partner of the applicant or a stockholder of the applicant which stockholder owns more than 10 percent of the applicant's corporate stock, which business license has been suspended and the period of suspension has not yet ended. Notice of the business license denial shall be in writing and shall state the grounds for denial. Notice shall be personally served to the business license applicant or mailed to the address listed on the application form. Section 9.44.060. Business License Validity and Conditions. The City may condition issuance of a business license to ensure compliance with the provisions of this Chapter and other standards and regulations of the City's Municipal Code applicable to the operation of a sexually-oriented business. Each business license shall be valid only: (a) For the business owner(s) specified in the business license application. (b) For the business name for the sexually-oriented business listed in the business license application. (c) For the specific type of sexually-oriented business described in the business license application. 21 (d) For the specific location described in the business license application. Section 9.44.070. Sale or Transfer of Business. (a) No business license issued in compliance with this Chapter shall be assigned or transferred without the prior written approval of the City. The applicant shall apply for a transfer on a form provided by the City and shall pay the application processing fee established by Council resolution for a new sexually-oriented business. (b) An application for approval of a transfer of a business license shall be required prior to any change in an interest in a partnership or ownership of 10 percent or more of the stock of a corporation to any person not listed on the original approved application. (c) An application for transfer of a business license may be denied for any of the grounds specified for denial of an original business license application. Section 9.44.080. Displays. A sexually-oriented business authorized by this Section shall not display any signs, advertising, posters, photographs, graphic representations or adult-oriented 22 merchandise that can be viewed by persons off the site and which depict specified sexual activities or specified anatomical areas. Section 9.44.090. Judicial Review. Anyone seeking judicial review of any administrative action under this Chapter may seek a writ of mandate for prompt judicial review of such administrative action pursuant to California Code of Civil Procedure Section 1094.8. SECTION 2. 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 3. 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 of this 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 4. 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 23 official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: 24 Approved and adopted this 25th day of October, 2005. l Pam O'Connor, 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. 2173 (CCS) had its introduction on October 11, 2005, and was adopted at the Santa Monica City Council meeting held on October 25, 2005, by the following vote: Ayes: Council members: Mayor O'Connor, Mayor Pro Tem Katz, Genser, Holbrook, McKeown, Shriver Noes: Council members: None Abstain: .Council members: None Absent: Council members: Bloom ATTEST: ~ ~ Maria M. Stewart, Ci Clerk 25