HomeMy WebLinkAbout91-36 - Establishing a Use Permit Requirement for New Retail Businesses That Sell Marital AidsORDINANCE NO. 91 -36
AN INTERIM URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF NEWPORT BEACH
ESTABLISHING A USE PERMIT REQUIREMENT FOR NEW
RETAIL BUSINESSES THAT SELL MARITAL AIDS.
isThe City Council of the City of Newport Beach does ordain as
follows:
SECTION 1: Findings.
The City Council of the City of Newport Beach finds and
declares as follows:
A. The City Council is authorized pursuant, to the
provisions of the City Charter and Section 65858 of the Government
Code, to adopt an interim urgency ordinance prohibiting the
issuance of permits for, or the establishment of, land uses which
may be in conflict with the contemplated zoning ordinances which
the City Council, Planning Commission, or Planning Department
• intends to study within a reasonably period of time.
B. The City Council has adopted a comprehensive adult
entertainment business ordinance in recognition of the fact that:
1. Adult entertainment businesses have certain harmful
secondary effects on the community;
2. The secondary effects include relocation of then
current commercial and residential uses, an increase in crime,
especially sex - related offenses, and the ultimate deterioration of
the physical condition of structures near the adult business;
3. The harmful secondary effects are likely to result
in a decrease in property values in commercial and residential
areas in the vicinity of adult businesses.
• C. Adult entertainment businesses are those which offer
services or entertainment characterized by emphasis on matter
depicting or describing certain specified sexual activities or
specified anatomical areas. The adult entertainment business
ordinance does not, by its terms, regulate the sale of marital
aids, adult gifts and related items.
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D. The City Council intends to conduct a planning study to
determine if businesses which sell marital aids and adult gifts
cause some or all of the harmful secondary effects associated with
adult entertainment businesses. Since the potential adverse land
use impacts of these businesses is uncertain and the material is
not constitutionally protected,
•
a
use
permit requirement
will
help
insure that the establishment
of
any
new business does
not
cause
harmful secondary effects or adversely affect the health, safety
and welfare of persons who live or work in the area.
E. This ordinance is deemed necessary as an emergency
measure for preserving the public peace, health, safety and welfare
in that:
1. Businesses which sell marital aids and adult gifts
may generate harmful secondary impacts similar to those caused by
adult entertainment businesses currently regulated by the Newport
Beach Municipal Code;
2. Potential harmful secondary effects include an
increase in criminal activity, overall physical deterioration of
• structures in the vicinity of the business, the relocation of other
retail establishments to different areas or cities, and a decrease
in property value and retail sales revenue;
SECTION 2: Definitions.
For the purposes of this Ordinance, certain terms shall be
defined as follows:
A. Marital Aids shall mean objects or devices which are
manufactured and designed solely for use in conjunction with
"specified sexual activities" as that term is defined in Chapter
20.74 of the Newport Beach Municipal Code, provided, however, the
term marital aids shall not include condoms, prophylactics or other
forms of birth control, any medication, or any substance which as
Ismedicinal properties.
B. Adult gifts shall mean any object or thing which refers
directly and solely to specified sexual activities or specified
anatomical areas as those terms are defined in Chapter 20.74 of the
Newport Beach Municipal Code, provided, however, the term adult
gifts shall not include any book, magazine, periodical, greeting
card, video cassette, audio cassette, compact disk or other
publication.
SECTION 3: Interim Use Permit Requirement.
A. No person shall sell, or display for sale, any marital
•aid or adult gift, unless that person has first obtained a use
permit pursuant to the provisions of Chapter 20.80 of the Newport
Beach Municipal Code.
B. No existing retail business shall, subsequent to the
effective date of this Ordinance, expand their stock in trade to
include marital aids or adult gifts without first obtaining a use
permit pursuant to the provisions of Chapter 20.80 of the Newport
Beach Municipal Code.
SECTION 4: Planning Study.
A. The Planning Department is hereby directed to study the
impacts and potential impacts of businesses which sell, or display
for sale, marital aids and adult gifts. The Planning Department is
directed to evaluate the type of zoning or land use controls
• appropriate to minimize or eliminate any impacts identified and to
report its findings to the City Council after the study is
complete.
In the event the City Council has not taken action to repeal
this Ordinance prior to September 23, 1991, the Planning Department
shall submit a written report to the City Council on or before that
date describing the measures taken to alleviate the conditions
which led to the adoption of this Ordinance and summarizing the
progress of the study.
SECTION 5: CEQA Guidelines.
The City Council determines that this Ordinance is
categorically exempt pursuant to the provisions of Section 15.305
of the CEQA Guidelines.
SECTION 6• Term.
This Ordinance shall become effective on August 26, 1991 and
shall remain in effect for a period of forty -five (45) days
thereafter, unless earlier terminated or repealed by ordinance of
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the City Council.
SECTION 7: Severability. The City Council of the City of
Newport Beach hereby declares that should any section, paragraph,
sentence or word of this Ordinance be declared, for any reason, to
be invalid, it is the intent of the Council that it would have
• passed all other portions of this Ordinance independent of the
portion declared invalid.
SECTION 8: Savings Clause. Neither the adoption of this
Ordinance nor the repeal of any other ordinance of the City shall,
in any manner, affect the prosecution for violations of ordinances
committed prior to the effective date of the adoption or repeal,
nor be construed as a waiver of any of the penalty or penal
provisions applicable to such violation. The provisions of this
ordinance, to the extent they are substantially the same as
ordinances previously adopted by the City and relating to the same
subject matter, shall be construed as restatements and
continuations, and not as new enactments.
SECTION 9: The Mayor shall sign and the City Clerk shall
• attest to the passage of this Ordinance. The City Clerk shall
cause same to be published once in an official newspaper within
fifteen (15) days after its adoption.
This Ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach held on the nth day of
August , 1991, and adopted on the nth day of August 1991,
by the following vote, to wit:
AYES, COUNCILMEMBERS HEDGES, WATT, TURNER,
SANSONE, HART, COX, PLUMMER
NOES, COUNCILMEMBERS NONE
ABSENT COUNCILMEMBERS NONE
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