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HomeMy WebLinkAboutOrd 852-1981ORDINANCE NO. 852-81 AN URGENCY ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO PROHIBITING THE APPROVAL, ESTABLISHMENT OR ENLARGEMENT OF ANY ADULT ENTERTAINMENT BUSINESS AS DEFINED HEREIN DURING THE PENDENCY OF STUDIES, AND DECLARING THE URGENCY THEREOF FOLLOWS: THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS SECTION 1. SHORT TITLE. This Ordinance shall be known and offically cited as the "Adult Entertainment Moratorium Ordinance." SECTION 2. DEFINITIONS. A. As used in this Ordinance, the term "adult entertainment business" refers to any of the following establishments: 1. "Adult Arcade" - An establishment where, for any form of consideration, one or more motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas." 2. "Adult Bookstore" - An establishment which has a substantial portion of its stock-in-trade and offers for sale for any form of consider- ation any one or more of the following: (a) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas;" or CENTRAL RECORDS (b) Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities." 3. "Adult Cabaret" - A nightclub, bar, restaurant or similar establishment which regularly features live performances which are charac- terized by the exposure of "specified anatomical areas" or by "specified sexual activities," or films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas." 4. "Adult Motel" - A motel or similar establishment offering public accommodations for any form of consideration which provides patrons with closed- circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an ~mphas~ ~pon the depiction or description of "~pecified sexual aCtivities'' or "specified anatomical areas." 5. "Adult Motion Picture Theater" - An establishment where, for any form of consideration, films, motion pictures, video cassettes.~ slides or similar photographic reproductions are shown for viewing by six or more persons, and in which a substantial portion of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depic- tion or description of "specified sexual activities" or "specified anatomical areas." 6. "Adult Theater" - A theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live per- formances for viewing by any number of persons which viewings are characterized by the exposure of "specified anatomical areas" or specified sexual activities." 7. "Bathhouse" - An establishment which provides the services of CENTRAL RECORDS baths of all kinds, including all forms and methods of hydrotherapy, during which "specified anatomical areas" are displayed or "specified sexual activity" occurs. This section shall not apply to hydrotherapy practiced by, or under the supervision o~ a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the State of California. This definition does not include an athletic club, health club, school, gymnansium, reducing salon, spa or similar establishment where baths and hydrotherapy is offered as an incidental or accessory service. 8. "Massage Parlor" - An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treat- ment, or similar treatment or manipulation of the human body is administered, ~Jess ~uch treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapiSt or similar professional person licensed by the State of California. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service. 9. "Outcall Service Activity" - Any establishment or business which provides an outcall service which consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service during which time "specified anatomical areas" are displayed or "specified sexual activity" occurs. lO. "Sexual Encounter Establishment"- An establishment, other than a hotel, motel or similar establishment offering public accomodations, which, for any form of consideration, provides a place where two or more persons may congregate, associate or consort in connection with "specified sexual activities" CENTRAL RECORDS FILE NO Illl ] i I I~:111 or the exposure of "specified anatomical areas." This definition does not include an establishment where a medical practitioner, psychologist, psychia- trist or similar professional person licensed by the State of California engages in sexual therapy. ll. 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 ana- tomical areas," B. For the purposes of this Ordinance, "specified sexual activities" shall include the following: 1. Actual or simulated sexual intercourse, oral copulation,.anal. intercourse, oral anal copulation, bestiality, 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, and any of the following depicted sexually oriented acts or conduct: analingus, buggery, coprophagy, coprophilia, cunnilin§us, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or 2. Clearly depicted human genitals in a state of sexual stimu- lation, arousal or tumescence; or 2. Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or 4. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or 5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or 6. Erotic or lewd touching, fondling or other contact with an animal by a human being. CENTRAL RECORDS ,o.; C. For the purposes of this Ordinance, "specified anatomical areas" shall include the following: 1. Less than completely and opaquely covered (1) human genitals, pubic region; (2) buttock, and (3) female breast below a point immediately ~bove the top .of .the areola; and 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. D. For the purposes of this Ordinance, certain terms and words are defined as follows: 1. "Establishment" - The "establishment" of an adult entertain- ment business shall mean and include any of the following: (a) The opening or commencement of any such business as a new business; ,Lb) The conversion of an existing business, whether or not an adult entertainment business, to any of the adult entertainment businesses defined herein; (c) The addition of any of the adult entertainmen~ businesses defined herein to any other existing adult entertainment business; or (d) The relocation of any such business. 2. "Enlargement" - The "enlargement" of an adult entertainment business shall mean any increase in floor area occupied by such a business after the effective date of this Ordinance. SECTION 3. MORATORIUM. Pursuant to the California Government Code Sections 36937 and 65858, for four months from the effective date of this Ordinance, the use of any building 5 CENTRAL RECORDS o. or portion thereof, whether new or existing, as an adult entertainment busi- ness shall not be established or enlarged and such establishment or enlarge- ment shall not be approved by this City Council, any Board, Commission, or Committee of the city, or any officer or employee of the City. SECTION 4. NEED FOR URGENCY MEASURE. The City Council makes the following findings and declarations: A. The establishment or enlargement of the use of premises in the city as an adult entertainment business may be in conflict with contemplated zoning proposals which will be studied by this City Council and the Planning Commission within a reasonable time. B. The nature of the urgency is that the Zoning Ordinance in a number of instances may be reasonably construed to allow such uses as permitted uses in several zoning districts, without adequate controls as to whether a~:unde--~-~ w~at circumstances such uses should be 'allowed in certain areas, and without due consideration for the welfare of persons residing adjacent to sites where such uses might be established or enlarged. The establishment or enlargement of any such use without adequate standards of review~woutd be detrimental to the welfare of such persons and the city as a whole. SECTION 5. PLANNING COMMISSION REPORT. The City Council hereby refers to the Planning Commission the matter of zoning regulation of adult entertainment businesses. The commission shall prepare a report and recommendations to the City Council on these subjects prior to the expiration of this Ordinance. SECTION 6. URGENCY MEASURE. This Ordinance is an urgency measure pursuant to Sections 36937 and 6 CENTRAL RECORD.~ 65858 of the Government Code and shall take effect upon the date of adoption. SECTION 7. SEVERABILITY. If any section, subsection clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or uncon- stitutional, such decision shall not affect the validity of the remaining por- tions of the Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 8. PUBLICATION AND EFFECTIVE DATE. This Ordinance shall be published once as required by law in the Enterprise-Journal, a newspaper of general circulation in the City of South San Francisco, and shall take effect as an urgency measure immediately upon i~ adoption. . Passed and adopted as an urgency Ordinance of the City of South San Francisco in accordance with Government Code Sections 36937 and 65858 at a regular meeting of the City Council of the City of South San Francisco this AYES: NOES: ABSENT: 1st day of April , 1981, by the following vote: Councilmen Ronald G. Acosta, Mark N. Addiego, Emanuele N. Damonte, Gus Nicolopulos; and Councilwoman Roberta Cerri Teglia None None ATTEST: ~City Cler~k ~ 7 CENTRAL RECORDS foregoing Ordinance this 1st As Mayor of the City of South San Francisco I do hereby approve the day of April , 1981. Mayor CENTRAL RECORDS