Ordinance No. 530 - Adult BusinessesORDINANCE.NO,. 530
'AN ORDINANCE OF_THE,CITY COUNCIL OF THE CITY:.
OF RO.SEMEAD CREATING A MORATORIUM ON-THE.
APPROVAL OF ALL ZONING AND'INSPECTION.OF ALL
ADULT BUSINESSES IN THE CITY OF ROSEMEAD
AND, DECLARING THE PRESENCE'OF AN EMERGENCY
.THE-CITY COUNCIL OF-THE CITY OE ROSEMEAD DOES HEREBY
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 re-
lated 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 con
ducted' exclus vely'fo.-'the patronage of..-adults, and as
• to which, minors are specific ally excluded from patronage
thereat, either by 'law or'by the operators of such adult
book stores, adult theaters,'-massage parlors, and modeling
studios, aduit,-motels or,-hotels''-but-not'.,including those
uses or. activities,'`the" regulatio`ns' of which is preempted,
by state law..
('c)• Adult hot'el''/motel shall mean a hotel or motel, as
defined in .this Code, whch'provides, through closed circuit,
television;-or other media, material which.is distinguished
or characterized by`the emphasis on matter depicting or de-
scribing or..related to specified-sexual activities or speci-
fied 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 mat-
ter depicting, describing or relatin.g.'to specified sexual
activity or°specified'-anatomical areas.
" (e) Material relative to adult businesses; -shall meanand
include,'butcnet be limited to, accessories, books,.magazines,
photographs,' prints drawings, painting, motion;pictures,and
pamphlets, or any combination thereof.`
(f) Massage'Parlor shali'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,
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(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)...hunan male genitals in a discernibly 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. A moratorium is hereby placed on the approval
of any use permit; business license or occupancy permit for
adult businesses-in the City, of Rosemead,..,.Commencement of
such an adult bus-iness without the•appropriate permits and
licenses shall subject the operator of such business to the
misdemeanor penalties prescribed in the Rosemead Municipal Code
for each violation thereof.
SECTION 3. Proposed.regulations for adult businesses are
included'in the revised-Rosemead Zoning :Code which is pending
before the Planning Commission.'-
SECTION 4. The City Council finds and determines that the.
moratorium must be imposed iri order:.to preserve the public health
and safety.of all the residents and businesspersons in Rosemead
pending the adoption ofproposed regulations by the Planning Com-
mission and•City Council. The moratorium is designed to preserve
the status quo pending.the review and adoption of these regulations.
SECTION b. Any provision of the Rosemead Municipal Code
inconsistent herewith, to the extent of such inconsistencies and
no further, is 'hereby suspended for the type of use described
herein during the moratorium period.
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 seve . rable'from the remainder,
and that the remainder be,given full force and'effect.
SECTION.7. The City Councill?may grant-a variance from the
provisions of this moratorium ordinance upon recommendation of
the Planning Commission, subject'to a finding of the following:
A..'._The strict application of tl,e.provisions of the mora-
torium to a, particular.adult business would result'in.prac-
.-tical difficulties or-unnecessary hardships inconsistent
with the-general purpose and intent of the moratorium:-.
B'. That there are exceptional circumstances or conditions
appl.icable'to this"adult business that do not apply generally
to the other•uses covered'by.thi,s moratorium; and
C. That the.granting of a -variance would not be materially
detrimental to-the public welfare as defined above.:
SECTION 8. Under no circumstance is this ordinance to,be
interpreted to apply to any adult business which has already re
ceived approval by the Planning Commission or the City Council.
SECTION 9. This ordinance is declared•to be an emergency
measure adopted pursuant to the provisions of Government Code
Section 65858 and is necessary for preserving the public peace,
health, or safety and the urgency for its adoption is as set
forth in the findings above.
SECTION 10. This ordinance shall take effect and be in
full force immediately after the passage and adoption thereof.
and shall remain in effect for four months from the date.bf
adoption.
SECTION 11. The City Clerk will certify to the passage and
adoption of this ordinance and shall cause the same to be posted
in the manner,required by law.
PASSED, APPROVED AND ADOPTED this 26th day of May, •1981.
• . ay the Ci of !Rosemead
ATTEST:
City Jerk
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