Ordinance No. 712 - Adult Businesses PermitsORDINANCE NO. 712
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ROSEMEAD IMPOSING A 45-DAY
MORATORIUM ON THE ISSUANCE OF CONDITIONAL USE
PERMITS AND BUSINESS LICENSES FOR ADULT
BUSINESSES AND DIRECTING THE PLANNING
DEPARTMENT TO INITIATE A STUDY WITH RESPECT TO
DEVELOPING APPROPRIATE ZONING REGULATIONS
GOVERNING SUCH USES
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS
FOLLOWS:
Section 1. Definitions. The following words and phrases
shall, for the purposes of this Ordinance be defined as follows:
(a) Adult book store shall mean an establishment
having as a substantial or significant portion of its
stock in trade, material which is distinguished or
characterized by its emphasis on matter depicting,
describing, or related to specified sexual activity or
specified anatomical areas, or an establishment with a
• segment or section thereof devoted to the sale or display
of such material.
(b) Adult business shall mean any business which is
conducted exclusively for the patronage of adults, and as
to which minors are specifically excluded from patronage
thereat, either by law or by the operators of such adult
book stores, adult theaters, massage parlors, and
modeling studios, adult motels or hotels, but not
including those uses or activities, the regulations of
which is preempted by State law.
(c) Adult hotel/motel shall mean a hotel or motel,
as defined in this Code, which provides, through closed
circuit television, or other media, material which is
distinguished or characterized by the emphasis on matter
depicting or describing or related to specified sexual
activities or specified anatomical areas.
(d) Adult theater shall mean a theater which
presents live entertainment or motion pictures or slide
photographs, which are distinguished or characterized by
their emphasis on matter depicting, describing or
relating to specified sexual activity or specified
anatomical areas.
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(e) Material relative to adult businesses, shall
mean and include, but not be limited to, accessories,
books, magazines, pamphlets, or any combination thereof.
(f) Massage Parlor shall mean any establishment
required to be licensed pursuant to the Rosemead
Municipal Code.
(g) Modeling studio shall mean any establishment or
business which provides for members of the public, the
services of a live human model for the purpose of
reproducing the human body, wholly or partially in the
nude, by means of photography, painting, sketching,
drawing or other pictorial form.
(h) Specified anatomical areas shall mean:
(1) less than completely and
opaquely covered:
(i) human genitals, pubic region;
(ii) buttock and
(iii) female breast below a point immediately
above the top of the areola; and
(2) human male genitals in a discernible turgid
state, even if completely and opaquely covered.
• (i) Specified sexual activities shall mean:
(1) human genitals in a state of sexual
stimulation or arousal; and/or
(2) acts of human masturbation, sexual
stimulation or arousal; and/or
(3) fondling or other erotic touching of human
genitals, pubic region, buttock, or female
breasts.
Section 2. While this ordinance remains in effect, no
business licenses, conditional use permits, building permits or
other entitlements authorizing the establishment of an adult
business shall be issued and no application for such permit(s)
shall be accepted.
• Section 3. Pursuant to the provisions of Section 65858 of the
Government Code of the State of California, this is an urgency
interim zoning ordinance. This ordinance shall take effect
immediately and shall expire forty-five (45) days thereafter unless
extended by the City Council after notice and public hearing. The
facts constituting the current and immediate threat to the public
welfare necessitating an urgency ordinance are as follows:
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The City council finds and determines that the moratorium
imposed by this ordinance is enacted to protect and
preserve the public health, safety and welfare of the
local business community and residents of the community
pending completion of a Planning Department review of
this subject. The City currently does not have a
regulatory framework in which to consider the proper
location and regulation of such businesses. This lack of
regulations is a current and immediate threat to the
public welfare, and the approval of permits for such uses
without proper review would result in a threat to the
public welfare.
Section 5. The City Council may grant relief from the
provisions of this moratorium ordinance upon recommendation of the
Planning Commission, subject to a finding of the following:
1. The strict application of the provisions of the
moratorium to a particular project would result in
practical difficulties or 'unnecessary hardships
inconsistent with the general purpose and intent of the
moratorium; and
2. That there are exceptional circumstances or
conditions applicable to the development that do not apply
generally to the other projects covered by this moratorium;
and
• 3. That the granting of an exception would not be
materially detrimental to the public welfare as defined above.
Section G. If any provision of this ordinance is held to be
unconstitutional, it is the intent of the City Council that such
portion of this ordinance be severable from the remainder and that
the remainder be given full force and effect.
Section 7. The Planning Department is hereby directed to
commence a study and to make recommendations it deems necessary to
strengthen the City's ability to scrutinize applications for the
establishment of adult businesses.
Section s. The City Clerk shall certify to the adoption of
this ordinance.
PASSED, APPROVED and ADOPTED this 24th day of November,
19 9 2 .
MAYOR c
I hereby certify that the foregoing Urgency
Ordinance No. 712 was duly and regularly
adopted.by the City Council of the City of
Rosemead at a regular meeting thereof held on
the 24th day of November, 1992, by the following
vote:
Yes: Bruesch, Clark, Vasquez, McDonald
No: None Absent: Taylor Abstain: None
C CLERK