HomeMy WebLinkAbout0868ORDINANCE NO. 868(1980 Series)
AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN LUIS
OBISPO EXTENDING A MORATORIUM ON THE ESTABLISHMENT OF
ADULT ENTERTAINMENT ENTERPRISES FOR A PERIOD OF EIGHT MONTHS
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; and
WHEREAS, the City Council previously has imposed a moratorium as described
herein.
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 extends for 8.months -the moratorium imposed by Ordinance No. 857
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 opportunity 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 .arid.activities
similar thereto: nudes.-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.
Ordinance No. 868 (1980 Series)
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.
3. Adult theaters are included within the terms "adult entertainment
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
homosecual 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 of more of the titles offered or to which twenty percent
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;
Ordinance No. 868 (1980 Series)
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
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, prescribing 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
centure 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.
Ordinance No. 868 (1980 Series)
B. At least one application for the establishment of an adult entertainment
enterprise recently has been filed with the City; unless this ordinance
is passed immediately, there is a strong likelihood that such enterprises
will be established without adequate study as to their proper location,
number and licensing.
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 eight months.
SECTION 5. The City Clerk shall cause this ordinance to "be published once
within five (5) days in a newspaper of general circualtion, 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 28th day of October, 1980, on motion of Councilman
Bond , seconded by Councilwoman Billig , and on the following roll call vote:
AYES: Councilmembers Bond, Billig, Dunin, Munger and Mayor Cooper
NOES: None
ABSENT: None
ATTEST:
CITY ERK . FITZPATRICK
APPROVED:
City Administrat e Officer
City Attorney