HomeMy WebLinkAbout88-2 - Amending and Readopting Chapter 20.74 of the Newport Beach Municipal Code Pertaining to Adult Entertainment Businesses (Planning Commission Amendment No. 656)ORDINANCE NO. 88 -2
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING AND READOPTING CHAPTER
20.74 OF THE NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO ADULT ENTERTAINMENT BUSINESSES
(Planning Commission Amendment No. 656).
Section 1: The City Council of the City of Newport
Beach does hereFT ordain as follows:
Sections:
20.74.010 Intent.
20.74.020 Definitions.
20.74.030 Special Restrictions.
20.74.040 Development Standards.
20.74.050 Severability.
20.74.010 Intent. The City Council of the City of
Newport Beach finds that adult entertainment businesses, as
defined in this Chapter, because of their very nature, have
certain harmful secondary effects on the community. The harmful
secondary effects on the community are:
A. The relocation of existing
Ocommercial/ residential uses because of a fear on the part of the
property owners that establishment of such a business is an
indication of a downgrading of that area; and
B. A decrease in property values in adjoining
areas because of the increase in crime, relocation of existing
businesses and overall deterioration of the neighborhoods
occasioned by such a use; and
C. An increase in crime, especially sex - related
offenses, in the immediate vicinity of such a use; and
D. Deterioration of the physical condition of
structures near such a use because of the fear of property owners
that establishment of such a business is a signal that the
economy of the neighborhood is unstable and the consequent
O reluctance to invest in such properties; and
E. Citizens in areas surrounding adult
entertainment businesses are subjected to increased urban blight
and decreased quality of life; and
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F. Substantial numbers of adult entertainment
businesses are associated with unlawful sexual activities such as
prostitution.
The City Council further finds that the restrictions and
O development standards contained in this Ordinance will tend to
mitigate, and possibly avoid, the harmful secondary effects on
the community associated with adult entertainment businesses.
The City Council further finds that the primary purpose
in adopting this Ordinance is the amelioration of harmful
secondary effects on the community.
The City Council further finds that restrictions and
development standards contained in this Ordinance are unrelated
to the suppression of free speech and do not limit access by
adults to materials with First Amendment protection.
20.74.020 Definitions. As used in this Chapter, the
following terms shall have the meanings indicated:
A. "Adult Bookstore" means an establishment which
is characterized by their emphasis on the sale or display of
O books, magazines and other periodicals depicting, describing or
relating to "specified sexual activities" or "specified
anatomical areas ".
B. "Adult Entertainment Business" means any of the
following:
1. "Adult bookstore" as defined in Subsection
A; or
2. "Adult Hotel or Motel" as defined in
Subsection C; or
3. "Adult Mini - Motion Picture Theater" as
defined in Subsection D; or
4. "Adult Motion Picture Arcade" as defined
in Subsection E; or
5. "Adult Motion Picture Theater" as defined
Oin Subsection F; or
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or
6. "Cabaret" as defined in Subsection G; or
7. "Model Studio" as defined in Subsection H;
8. "Sexual Encounter Center" as defined in
O Subsection I; or
9. Any other business or establishment which
offers its patrons services or entertainment characterized by an
emphasis on matter depicting, describing or relating to
"specified sexual activities" or "specified anatomical areas."
C. "Adult Hotel or Motel" means a hotel or motel
characterized by their emphasis on the presentation of material
depicting, describing, or relating to "specified sexual
activities" or "specified anatomical areas ".
D. "Adult Mini - Motion Picture Theater" means an
enclosed building with a capacity for less than fifty (50)
persons characterized by their emphasis on the presentation of
material depicting, describing or relating to "specified sexual
activities" or "specified anatomical areas" for observation by
O patrons.
E. "Adult Motion Picture Arcade" means any place
to which the public is permitted or invited which is
characterized by their emphasis on providing coin- or slug -
operated or electronically, electrically, or mechanically
controlled still or motion picture machines, projectors or other
image- producing devices that are maintained to show images to
five (5) or fewer persons per machine at any one (1) time, and
display images depicting, describing, or relating to "specified
sexual activities" or "specified anatomical areas ".
F. "Adult Motion Picture Theater" means an
enclosed building with a capacity of fifty (50) or more persons
which is characterized by their emphasis on the presentation of
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material depicting, describing or relating to "specified sexual
activities" or "specified anatomical areas" for observation by
patrons therein.
G. "Cabaret" means a nightclub, theater or other
O establishment characterized by their emphasis on featuring live
performances by topless and /or bottomless dancers, "go -go"
dancers, exotic dancers, strippers, or similar entertainers,
where such performances depict, describe or relate to "specified
sexual activities" or "specified anatomical areas ".
H. "Model Studio" means any business characterized
by their emphasis on providing for any form of consideration or
gratuity, figure models who display "specified anatomical areas"
to be observed, sketched, drawn, painted, sculptured,
photographed, or similarly depicted by persons paying such
consideration or gratuity.
I. "Sexual Encounter Center" means any business,
agency or persons characterized by their emphasis on providing
for any form of consideration or gratuity a place where three (3)
O or more persons, not all members of the same family, may
congregate, assemble or associate for the purpose of engaging in
"specified sexual activities" or exposing "specified anatomical
areas."
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J. "Specified Sexual Activities" means:
1. Actual or simulated intercourse, oral
copulation, anal intercourse, oral anal copulation, beastiality,
direct physical stimulation of unclothed genitals, flagellation
or torture in the context of a sexual relationship, or the use of
excretory functions in the context of a sexual relationship,
2. Use of human or animal masturbation,
sodomy, oral copulation, coitus, ejaculation; or
3. Fondling or touching of nude human
genitals, pubic region, buttocks or female breasts; or
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4. Masochism, erotic or sexually oriented
torture, beating or the infliction of pain; or
5. Erotic or lewd touching, fondling or other
contact with an animal by a human being; or
O 6. Human excretion, urination, menstruation,
vaginal or anal irrigation.
K. "Specified Anatomical Areas" means:
1. Less than completely covered, (a) human
genitals, pubic region; (b) buttock(s); and (c) female breast(s)
below a point immediately above the top of the areola; and
2. Clearly depicted human genitals in a state
of sexual stimulation, arousal or tumescence, or human male
genitals in a discernibly turgid state, even if completely and
opaquely covered.
L. The "establishment" of any "adult entertainment
business" shall include the opening of such a business as a new
business, the relocation of such business, or the conversion of
an existing business location to any "adult entertainment
O business" use, the expansion of any existing business, the
alteration or enlargement of any existing business, or any of the
uses within such a business, or any addition to existing uses
within an existing business.
20.74.030 Special /Restrictions.
A. Location Restrictions. Uses classified herein
as "adult entertainment business" shall be permitted in C -0, C -1,
C -2 Districts and commercial areas of P -C Districts. In these
districts it shall be unlawful to establish any such "adult
entertainment business" if the location is:
1. Within five - hundred (500) feet of the
boundary of any residential district as shown on the City of
Newport Beach districting map or within five - hundred (500) feet
of any residential use; or
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2. Within one thousand (1000) feet of any
other "adult entertainment business "; or
3. Within one thousand (1000) feet of any
public or private school, park, playground, civic or cultural
O building, church or beach.
B. Waiver of Location Restrictions.
1. Any property owner or his authorized agent
may apply to the Planning Commission for a waiver of any location
restrictions contained in this Section. The Planning Commission,
after a public hearing, may waive any location restriction, if
all the following findings are made:
a. That the proposed use will not be
contrary to the public interest or injurious to nearby
properties, and that the spirit and intent of this Section will
be observed; and
b. That the proposed use will not
enlarge or encourage the development of an urban blight area; and
c. That the establishment of an
O additional regulated use in the area will not be contrary to any
program of neighborhood conservation nor will it interfere with
any program of urban renewal; and
d. That all applicable regulations of
the Newport Beach Municipal Code will be observed.
2. The procedure for the public hearing
waiving location restrictions shall be as set forth in Section
20.80.050(B) of the Newport Beach Municipal Code, with the same
right of appeal as provided in Section 20.80.070 of this Code.
C. In addition to the land use controls and
restrictions as set forth in this Chapter, all other
restrictions, controls and regulations established in Title 20 of
the Newport Beach Municipal Code shall apply to the land uses
that are the subject of this Chapter.
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D. Amortization. Any adult entertainment
business, as defined in this Chapter, in existence as of the
effective date of this Ordinance, and which has been determined
to have a legal, nonconforming status, shall, within three (3)
years after the date of this Ordinance, terminate all aspects of
such business not in compliance with the provisions of this
Chapter.
20.74.040 Development Standards. The following
development standards shall apply to all "adult entertainment
businesses" in the City:
A. Off- street parking shall be provided in
accordance with Section 20.30.035(B) of the Newport Beach
Municipal Code; and
B. All signs shall conform to Chapter 20.06 of the
Newport Beach Municipal Code; and
C. The interior of any bookstore shall be
adequately lighted and constructed so that every portion thereof
is readily visible to the clerk or other supervisory personnel
from the counter or other regular station; and
D. Lobby and entrance areas should be designed so
as to minimize obstruction of sidewalks during operating hours;
and
E. Advertisements, displays, or other promotional
materials shall not be shown or exhibited so as to be visible to
the public, from pedestrian sidewalks or walkways, or from other
areas public or semipublic; and such displays shall be considered
signs.
20.74.050 Severability. If any provision or clause of
this Chapter or the application thereof to any person or
circumstance is held to be unconstitutional or otherwise invalid
by any court of competent jurisdiction, such invalidity shall not
affect other provisions or clauses or applications of this
Chapter which can be implemented without the invalid provision,
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clause or application; and to this end, the provisions of this
Chapter are declared to be severable.
Section 2: 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 official
newspaper within fifteen (15) days after its adoption.
Section 3: This Ordinance was introduced at a regular
meeting of the City Council of the City of Newport Beach held on
the 11th day of January , 1988, and adopted on the 25th day
Of January , 1988.
AYES, COUNCILMEMBERS Cox, Hart, Maurer,
Plummer, Sansone, Strauss, Turner
AT ,J%
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NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
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