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PC - 1976-17 - Recommending Ordinance 17 - appropriate zoning for adult business and declaring a moratoriumPC RESOLUTION 76-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD RECOMMENDING TO THE CITY COUNCIL ADOPTION OF ORDINANCE "AN ORDINANCE OF THE CITY COUNCIL RELATING TO THE APPROPRIATE ZONING FOR "ADULT BUSINESSES" AND DECLARING A MORATORIUM ON SUCH USES. THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission finds and determines -that a public hearing was duly conducted on August 16, 1976 in the Council Chambers of the Rosemead City Hall, 8838 Valley Boulevard, Rosemead, California, and that notice of the time, date, place, and purpose of the aforesaid hearing was given according to Law. SECTION 2. The Planning Commission recommends that the Or nance be adopted as amended. (See the attached ordinance). Section 3. The Planning Commission further finds that a Negative Declaration was prepared in compliance with the California Environmental Quality Act (CEQA), the Guidelines for the Implementation of CEQA, and Rosemead Resolution 75-28. Section 4. The Secretary shall certify to the adoption ofof tom-Resolution and shall transmit copies of the same to the Rosemead City Clerk. ADOPTED this day of 976. 52, DON DETORA, CHAIRMAN CERTIFICATION I hereby certify that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Rosemead at it's regular meeting held on the (0 day of 1976 by the following vote: AYES: NOES: ABSENT: OB RT T. DICKEY, SECRETARY 00 Date: To: From: RE: RONALD M. TELANOFF• 11340 WEST OLYMPIC SOULEVARO. SUITE 14S SAMUEL BOSROWSKY- LOS ANGELES, CALIFORNIA 90064 PETER L. WALLIN (213) 419-31B7 C. EDWARD DILKES X2131 879 .4520 'ALSO MEMBER WASHINGTON D.C.SAP "ALSO MEMBER NEW YORK STATE BAR M E.M 0 R A N D U M TELANOFF, BOBROWSKY, WALLIN & DILKES LAW OFFICES June 28, 1976 Mayor Roberta Trujillo City Attorney REGULATION OF ADULT BUSINESSES WILLIAM STOCKER OF COUNSEL After our conversation a week ago, I devoted substantial research time to the question of regulating adult businesses. My conclusion is identical to the conclusion which I conveyed to you at that time, to wit: Regulation of adult businesses is an area which is undergoing a substantial amount of change in terms of the authority granted to local governments by the United States Supreme Court. Accordingly, it'is my 'recommendat'ion that, if Rosemead wishes to begin such regulation, it should do so by first enacting a mora- torium ordinance and, thereafter, devoting substantial study to the problem. " As I understand it, Rosemead is presently untroubled by a proliferation of adult businesses which has adversely affected some communities. Thus, if the Council wishes to do so, it can formulate a policy which will regulate such activities before they become a problem. , The difficulty with formulating regulations at this time is that the United States Supreme Court is "changing the rules" with respect to the powers local government entities may exercise in formulating their own regulations. Until very recently the Supreme Court took the position that the First Amendment included the right to expression of and dissemination of explicit sexual material. Accordingly, the Court formulated rules which blanketly protected book shops and entertainment facilities which provided little more than pornographic displays. On June 24, 1976, the Court reversed much of this policy in Young vs. American Mini Theaters, 75-312, by upholding an ordinance enacted in Detroit to prevent the clustering of adult bookstores and movie houses and to prevent their location proximate to residential neighbor- hoods. The ordinance further provided that operators of adult enterprises obtain a license from the city. MEMO to Mayor Trujillo June 28, 1976 Page Two . All of this underscores the problem with creating regulations during a time of such rapid change in legal policy. Accordingly, it is our recommendation that, if the Council wishes to commence the formulation of regulations for adult businesses, it begin doing so by enacting a moratorium ordinance. Thereafter, the Council can study the alternative methods of regulation which are available to it and can draft an ordinance implementing the policies which the Council selects. CED:dvv cc: Frank G. Tripepi, City Manager ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD RELATING TO THE APPROPRIATE ZONING FOR "ADULT BUSINESSES" AND DECLARING A MORATORIUM ON SUCH USES THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: SECTION 1. An "adult business" is defined in this ordinance as any business which is conducted exclusively for the patronage of adults and from which minors are specifically excluded, such as adult book stores, adult motion pictures, adult entertainment, or other adult activities. This definition does not include retail establishments licensed to sell alcoholic beverages. SECTION 2. The City Council of the City of Rosemead finds and determines that the present controls relating to the appropriate zoning of "adult businesses" are inadequte to meet the special land use problems such uses create. These Problems include litter, traffic, parking, hours of operation, noise, congestion, public nuisance, and other matters relating to the public health, safety, and welfare, and these matters should be studied by the Planning Commission and the Human Resources Commission. SECTION 3. The City Council further finds and determines that it is necessary to impose interim controls while the Planning Commission and Human Resources Commission are completing studies concerning the appropriate regulations for such uses. SECTION 4. The City Council hereby enacts the following regulations which shall be added to the Rosemead Municipal Code as Section 9103.10 thereof: Section 9103.10: INTERIM PROHIBITION OF ADULT BUSINESS USES A. "Adult businesses" are prohibited uses and no permit for such uses shall hereafter be issued, nor shall such businesses be hereafter established in the City. B. An "adult business" is defined as any business which is conducted exclusively for the patronage of adults and from which minors are specifically excluded, such as adult book stores, adult motion pictures, adult entertainment, or other adult activities. C. In the event such prohibition is held by any Court of competent jurisdiction to be invalid or inapplicable, then such uses shall be ipso facto, immediately, and automatically classified as special uses requiring a,Conditional_Use Permit pursuant to the provisions of,Se tc ion_9181._Dr in the C and--M-'Zones , of the Rosemead Municipal Code. 1. p .r SECTION 5. This ordinance shall remain in effect for a period of 360 days.and.during such period.all ordinances inconsistent with the provisions hereof shall be suspended and superseded by this ordinance; and building inspectors and zoning enforcement officers shall permit no uses inconsistent with the terms of this ordinance. PASSED, APPROVED, AND ADOPTED THIS day of 1976. AYES: NOES: ABSENT: ABSTAIN: MAYOR ATTEST: CLERK CITY APPROVED AS TO FORM: CI ATTORNEY 2.