HomeMy WebLinkAboutOrd 1222-1998ORDINANCE NO. 1222-98
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
AN INTERIM ORDINANCE PROHIBITING THE PROCESSING
AND APPROVAL OF APPLICATIONS FOR ADULT
ENTERTAINMENT USE PERMITS PURSUANT TO CHAPTER
20.37 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE
WHEREAS, the City of South San Francisco has enacted an Adult Entertainment Overlay
District to regulate the locating of Adult Oriented Businesses within the City (Chapter 20.37 of the
South San Francisco Municipal Code), and
WHEREAS, the City is in the process of revising its Adult-Oriented Business regulations, and
WHEREAS, the City of South San Francisco has commenced a process designed to enact said
regulations, and
WHEREAS, pursuant to Government Code Section 65858, the City Council hereby finds that
for the following reasons there is a current and immediate threat to the public health, safety and welfare
of its citizens:
1. Numerous studies have documented that inadequately regulated Adult-Oriented
Businesses have numerous secondary effects on the surrounding community that negatively affect the
public health, safety and welfare of the community's citizens.
2. These secondary effects include the occurrence of prostitution and other unlawful sex
acts at Adult Oriented Businesses, the increased occurrence of AIDS and Hepatitis B, increased blight,
and the negative effect of these businesses on the surrounding community and, in particular, on minors.
3. The City's current ordinance that regulates Adult-Oriented Businesses is inadequate to
address all the potential secondary effects from Adult Oriented Businesses, and may be unconstitutional.
4. The time spent in policing the secondary effects that arise from inadequately regulated
Adult-Oriented Businesses would place a heavy burden on the City of South San Francisco's Police
Department and could result in reduced public safety for the citizens of South San Francisco.
5. For the reasons set forth above the City Council further finds pursuant to Government
Code Section 65858 that the approval Adult Entertainment Use permits which are required in order to
comply with the City's zoning laws currently in effect within the Adult Entertainment Overlay District
would result in the threat set forth above to the public's health, safety, and welfare.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN
FRANCISCO DOES ORDAIN AS FOLLOWS:
SECTION 1: MORATORIUM
While this ordinance remains in effect, the processing or approval of applications for Adult
Entertainment Use Permits within the Adult Entertainment Overlay District as defined by Chapter
20.37 of the South San Francisco Municipal Code shall be prohibited.
SECTION 2: SEVERABILITY
A. If any part or provision of this ordinance or the application thereof to any person or
circumstance is held invalid, the remainder of this ordinance including the application of such part or
provision to other persons or circumstances shall not be affected thereby and shall continue in full
force and effect. To this end provisions of this ordinance are severable.
B. The City Council hereby finds and declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any
one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held
unconstitutional, invalid or unenforceable.
SECTION 3: FINDINGS OF URGENCY, EFFECTIVE DATE AND PUBLICATION
Pursuant to Government Code Section 36934 and 36937 the City Council hereby finds and
declares that the facts set forth above constitute an emergency and finds and declares that this
ordinance is necessary to protect the public health, safety, and welfare from the current and
immediate threat which the City Council finds is posed by the potential processing and approval of
applications for Adult Entertainment Use Permits prior to the completion of the proposed Adult-
Oriented Business Ordinance currently being drafted by the City of South San Francisco. This
ordinance shall become effective immediately upon adoption and shall be in effect for 45 days
therefrom unless extended by the City Council as provided for those City Councilmembers voting for
or against it, in the San Mateo Times, a newspaper of general circulation in the City of South San
Francisco, as required by law, and shall become effective immediately upon its adoption.
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Introduced and adopted at a regular meeting of the City Council of the City of South San
Francisco, held the 10th day of dune ,1998, by the following vote:
AYES: Councilmembers James L. Datzman, Joseph A.
Matsumoto, John R. Penna and Mayor Eugene
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
Fernekes, Ka~¥1
R. Mullin
As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this
10th:lay of dune ,1998.
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