HomeMy WebLinkAbout0900ORDINANCE NO. 900 (1981 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 FOUR MONTHS
WHEREAS, the City Council is desirous of establishing zoning and other
requirements 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 four months the moratorium imposed by Ordinance
No. 868 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 of, 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 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 breas't'-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
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Ordinance No. 900 (19g'leries)
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
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, maanger, 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 6hapter.
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 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.
Ordinance No. 900 (1981 Series)
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 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 premise in
which twenty percent or 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 dis-
plays of up to ten periodicals in the premises in which sales of the same are incidental
to other business.
5. The following are specifically excluddd 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 ptofessional athlete,
or atheltic team;
d. Barbers and beauticians who are duly licensed under the laws of
the State of California.
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Ordinance No. 900 (1981 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 vote of this Council.
INTRODUCED AND FINALLY PASSED by the Council of the City of San Luis Obispo
at a meeting held on the 18th day of Atlg,,Gt , 1981, on motion of
Councilman Bond , seconded by Councilman Dunin and
on the following roll call vote:
AYES: Councilmembers Bond, Dunin Dovey and Mayor Billig
NOES: None
ABSENT: Councilman Settle
ATTEST:
CITY LERK P17 M la o s
Approved,:
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City Administrative icer
Z04A L.L/c
City Attorney