Ordinance No. 749 - Moratorium Adult BusinessesORDINANCE NO. 749
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD EXTENDING A MORATORIUM ON THE
ISSUANCE OF PERMITS AND BUSINESS LICENSES FOR
ADULT BUSINESSES
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS
FOLLOWS:
Section 1. Findings. The City Council of the City of
Rosemead does hereby find, determine, and declare as follows:
(a) The City currently does not have a regulatory framework
in which to consider the proper location and regulation
of adult businesses.
(b) This lack of regulation is a current and immediate threat
to the public welfare, as the approval of permits and
licenses for such uses without proper review and
regulation would result in a threat to the public
welfare.
(c) On August 18, 1994, the City Attorney's office forwarded
• a draft ordinance to the Planning Department of the City
of Rosemead for review. Since August 18, 1994, the City
Attorney's office has also forwarded numerous studies on
adult businesses to the Rosemead Planning Department for
review and analysis.
(d) On September 13, 1994, the City Council of the City of
Rosemead adopted Ordinance No. 747, an urgency ordinance
imposing a 45-day moratorium on the issuance of permits
and business license for adult business in order to study
the draft ordinance and studies; this ordinance expires
on October 28, 1994.
(e) The Rosemead Planning Department is still in the process
of reviewing the draft ordinance and the studies on adult
businesses. In order to provide the Planning Department
with adequate time to prepare an adult business ordinance
• for the City of Rosemead, the City Council desires to
extend the moratorium for an additional ten (10) months
and fifteen (15) days in accordance with Government Code
section 65858(a).
(f) A duly noticed public hearing was held before the City
Council of the City on this matter on October 25, 1994.
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(f) The moratorium is extended in order to protect and
preserve the public health, safety and welfare of the
local business community and residents of the community
pending completion of the Planning Department's review of
this subject.
Section 2. Moratorium. 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 further application for such
permit(s) or licenses shall be accepted.
Section 3. Definitions. The following words and phrases
shall, for the purposes of this Ordinance, be defined as follows:
(a) "Adult Arcade" shall mean an establishment where, for any
form of consideration, one or more still or 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.
(b) "Adult Bookstore" or "Adult video Store" shall mean any
• establishment which, as a regular and substantial course
of conduct, displays and/or distributes adult
merchandise, books, periodicals, magazines, photographs,
drawings, sculptures, motion pictures, videos, slides,
films, or other written, oral or visual representations
which are distinguished or characterized by an emphasis
on a matter depicting, describing or relating to
specified sexual activities or specified anatomical
parts.
(c) "Adult Businesses" shall mean any establishment which as
a regular or substantial course of conduct performs or
operates as an adult bookstore or video store, adult
theater, adult arcade, adult motion picture theater,
adult cabaret, adult model studio, adult hotel/motel, or
any other business establishment which as a regular and
• substantial course of conduct offers to its patrons
products, . merchandise, services or entertainment
characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or
specified anatomical parts. "Adult-oriented business"
does not include those uses or activities, the regulation
of which is preempted by State law. "Adult-oriented
business" shall also include any establishment which, as
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a regular or substantial course of conduct, provides or
allows performers, models, actors, actresses, or
employees to appear in any place in lingerie or similar
attire which does not opaquely cover specified anatomical
parts.
(d) "Adult Cabaret" shall mean a nightclub, bar, lounge,
restaurant or similar establishment which features as a
regular and substantial course of conduct any type of
live entertainment, films, motion pictures, videos,
slides, or other photographic reproductions or visual
representations, which are characterized by an emphasis
on the exposure, depiction or description of specified
sexual activities or specified anatomical parts.
(e) "Adult Hotel/Motel" shall mean a hotel or motel which:
(1) features as a regular and substantial course of
conduct provides to its patrons through television, cable
or satellite transmissions, films, motion pictures, video
cassettes, slides, photographic reproductions or other
medium, material which is distinguished or characterized
by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified
anatomical parts; and (2) which rents, leases or lets any
room for less than a six hour period or more than once in
a 24-hour period.
• (f) "Adult Model Studio" shall mean any premise where there
is furnished, provided or procured a figure model or
models who pose for the purpose of being observed,
viewed, sketched, painted, drawn, sculptured,
photographed, filmed, video-taped, or similarly depicted
by any person who pays a consideration or gratuity in any
form for the right or opportunity to so depict or observe
the figure model. "Adult Model Studio" shall not include
any live art class or any studio or classroom which is
operated by any public agency, or any private educational
institution authorized to issue and confer a diploma or
degree under Section 94300 et seq., of the California
Education Code.
(g) "Adult Motion Picture Theater" shall mean an
• establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or
similar photographic reproductions are shown, 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 depiction or
description of specified sexual activities or specified
anatomical areas.
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(h) "Adult Theater" shall mean a theater, concert hall,
auditorium or similar establishment which, for any form
of consideration, regularly features live performances
which are characterized by the exposure of specified
anatomical areas or by specified sexual activities.
(i) "Regular and substantial course of conduct" and "regular
and substantial portion-of its business" shall mean any
adult-oriented business where one or more of the
following conditions exist:
(1) The area(s) devoted to the display of sexually
oriented material or merchandise exceeds fifteen
percent (15°s) of the total display area of the
business. This section shall not apply to any
video store or bookstore which physically separates
sexually oriented material from non-sexually
oriented material and does not advertise such
sexually oriented material; or
(2) The business presents any type of live
entertainment characterized by an emphasis on
specified sexual activity or specified anatomical
parts, or performers, models or employees appearing
in public dressed only in lingerie, on any four (4)
or more separate days within any twelve month
• period; or
(3) At least twenty-five percent (25%) of the annual
gross receipts are derived from the sale, trade,
rental, display or presentation of services,
products, sexually oriented material or
merchandise, or entertainment which are
characterized by an emphasis on matter depicting,
describing, or relating to specified sexual
activities or specified anatomical areas. This
section shall not apply to any video store or
bookstore which physically separates sexually
oriented material from non-sexually oriented
material and does not advertise such sexually
oriented material.
. (j) "Sexually-Oriented Material" shall mean any element of
sexually-oriented merchandise, or any books, periodicals,
magazines, photographs, drawings, sculptures, motion
pictures, videos, slides, films, or other written, oral
or visual representations which are distinguished or
characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or
specified anatomical parts.
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(k) "Specified Anatomical Parts" shall mean:
(1) Less than completely and opaquely covered human
genitals, pubic region, buttocks, or female breast
below a point immediately above the top of the
areola; or
(2) Human male genitals in a discernable turgid state,
even if completely and opaquely covered.
(1) "Specified Sexual Activities" shall mean:
(1) Actual or simulated sex acts including intercourse,
oral copulation, anal intercourse, oral or anal
copulation, bestiality, direct physical stimulation
of unclothed genitals, flagellation or torture in
the context of a sexual relationship, anilingus,
coprophagy, coprophilia, cunnilingus, fellatio,
necrophilia, pedophilia, piquerism, sodomy, or
zooerastia; or
(2) Masturbation, actual or simulated; or
• (3) Fondling or touching of nude human genitals, pubic
region, buttocks, anus, or female breast.
Section 4. 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 ten (10) months and fifteen (15) days
from October 28, 1994, which date is September 12, 1995. The
facts constituting the current and immediate threat to the public
welfare necessitating the adoption of this ordinance are based upon
the findings set forth in Section 1 above.
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
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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 6. 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
continue its analysis of the draft ordinance and studies and to
make recommendations it deems necessary to strengthen the City's
ability to scrutinize applications for the establishment of adult
businesses.
Section 8. The City Clerk shall certify to the adoption of
this Ordinance.
Oc
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1994 PASSED, APPROVED and ADOPTED fh s 2 th Vd
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i y of Rosemea
_~TTEST:,
NANCY- VALD-rRRAMA,
City Clerk
I hereby certify that the foregoing Ordinance Now 749 was duly
and regulary-adopted by the Rosemead City Council at a regular
meeting held on the 25th day of October, 1994, by the following vote:
Yes: Clark, Taylor, Bruesch, Vasquez, Imperial
No:c. None
Absent: None
- Abstain:- one
•
"City Clerk
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