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HomeMy WebLinkAbout0857Ordinance No. 857 (1980 Series) 3. Adult theaters are included within the terms "adult enterrainment enterprise" and "adult entertainment establishment." An adult theater is one in which on more than one hundred eighty -two days per calendar year any motion picture shown carry an "X" rating as determined by the Academy of Motion Picture Arts and Sciences, or to which minors are not admitted, or with respect to which advertising for said pictures is contained; in the adult theater's section of local newspapers, or in which sexual intercourse, oral copulation, masturbation, or homosexual acts are actually shown or simulated. 4. Adult book stores are.within the terms "adult entertainment enterprise" and "adult entertainment establishment." "Adult book store" means any premises in which twenty percent or more of the vitles _offered ..d. 'or more of the actual display area of the store is devoted, whichever is less, depict or describe any of the acts set forth in subsection 3, or to which any of the advertising mentioned in subsection 3 is made. This section does not apply to displays of up to ten periodicals in the premises in which sales of the same are incidental to other business. 5. The following are specifically excluded from the meaning of the term "adult entertainment enterprise." a. Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duly licensed to practice their respective professions in the State of California; b. Nurses registered under the laws of the State of California; c. Trainers of any amateur, semiprofessional or professional athlete, or athletic team; d. Barbers and beauticians who are duly licensed under the laws of the State of California. e. Any activity conducted or sponsored by any school district or other public agency; and ORDINANCE NO. 857 (1980 Series) AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN LUIS OBISPO ESTABLISHING A MORATORIUM ON THE ESTABLISHMENT OF ADULT ENTERTAINMENT ENTERPRISES FOR A FOUR MONTH PERIOD WHEREAS, the City Council is desirous of establishing zoning and other require- ments restricting the location, number and licensing of adult-entertainment enterprises in the city. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Pursuant to Section 65858 of the California Government Code, the City Council hereby establishes a four month moratorium on the issuance or granting of any permit or other entitlement which would enable or.assist the establishment of any adult entertainment enterprise. SECTION 2. For the purpose of this moratorium, "adult entertainment enterprise" is defined as follows: 1. Any business activity wherein is furnished for a fee or charge or other like consideration the oppotunity to paint, feel, handle, touch, to be in the presence or, be entertained by the unclothed body or the unclothed portion of the body of another person, or be so painted, felt, handled, touched or observed by another person, or to observe, view or photograph any such activity, and shall include, but not be limited to the following business activities and activities similar thereto: nude encounter studios, adult or nude dance studios, adult or nude exhibitions, peep shows, nude wrestling centers, and adult or nude art or photograph studios. "Unclothed portion of the body" means a state of dress so as to expose the female breast below a point immediately above the top of the areola, male or female genitals, pubic areas, buttocks, or female breast with only the nipple and areola covered. 2. Any business activity wherein a substantial part of the commercial operation consists of the sale or dissemination of paraphernalia and apparatus which aid or assist in the stimulation and /or performance of sexual activity. 0 857 Ordinance No. 857 (1980 Series) f. Any activity conducted by a person pursuant to any license issued by the State of California or any agency thereof charged with the responsibility of licensing, prescribiing standards for and supervising such activity or profession; 6. "Adult entertainment establishment" means any establishment or place of business where any individual, firm, association, partnership, corporation, joint venture or combination of individuals engages in, conducts, operates, carries on or permits to be engaged in, conducted, operated or carried on any adult entertainment enterprise regardless of whether any other use is also conducted on the premises. 7. "Employee" means every owner, partner, manager, supervisor, and worker, whether paid or not, who renders personal services of any nature in the conduct of the adult entertainment enterprise. 8. "License" means the business license to operate an adult entertainment establishment as required by this chapter. 9. "Person" means any individual, firm, association, partnership, corporation, joint venture or combination of individuals. SECTION 3. This ordinance is declared to be an ordinance for the immediate protection and preservation of the public safety, health and welfare. Facts in support of the urgency of this ordinance are as follows: A. An urgency moratorium measure is necessary to prohibit establishment of adult entertainment enterprises in areas incompatible with their use; i.e., near schools, residential areas and other areas deemed by the Council to be incompatible. B. At least one application for the establishment of an adult entertainment enterprise is now on file with the City; unless this ordinance is passed immediately, there is a strong likelihood that this and other such enter - prices will be established without adequate study as to their proper location, number and licensing. Ordinance No. 857 (1980 Series) SECTION 4. This ordinance being an emergency ordinance for the immediate protection and preservation of the public health, safety and general welfare, containing a declaration of the facts constituting the urgency and passed by a four - fifths (4/5) vote of the Council shall take effect immediately pursuant to Charter Section 605 and shall continue in effect for a period of four months. SECTION 5. The City Clerk shall cause this ordinance to be published within five (5), days in a newspaper of general circulation, but delay in publication, or even failure to publish, shall not affect its validity. SECTION 6. This ordinance may be rescinded by the City Council at any time by majority action of this Council. INTRODUCED AND FINALLY PASSED by the Council of the City of San Luis Obispo at a meeting held on the 24th day of June , 1980, on motion of Councilwoman Billig , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Billig, Dunin, Bond, Munger and Mayor Cooper NOES: None ABSENT: None ATTEST: CLERK J.H. FITZPATRICK APPROVED: Ci , Administrative Officer City Attorney