Ordinance No. 538 - Adult Businesses•
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ORDINANCE NO. 538
THE CITY OF ROSEMEAD EXTENDING 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 OF ROSEMEAD DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Definitions. The following words and
phrases shall, for the purpose of this ordinance be defined
as follows:
(a) Adult book store shall mean an establishment
having an substantial or significant portion of its
• stock in trade, material which is distinquished 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 hotel,
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
• defines-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
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relating to specified sexual activity or specified
anatomical areas.
(e) Material relaltive to adult businesses, shall
mean and include, but not limited to, accessories,
books, magazines, photographs, prints, drawings,
paintings, motion pictures, and pamphlets, or any
combination thereof.
(f) Massage Parlor shall mean any establishment
requires be r1censed 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 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. The moratorium imposed by Ordinance No.
530 on the approval of any use permit, business license or
occupancy permit for adult businesses in the City of Rosemead
is hereby continued for a period of eight (8) months from
the date of adoption of this ordinance. Commencement of such
an adult business without the appropriate permits and
licenses shall subject the operator of such business to the
misdeameanor penalties prescribed in the Rosemead Municipal
Code for each violation thereof.
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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 in order to preserve the
public health and safety of all the residents and business
persons in Rosemead pending the adoption of proposed
regulations by the Planning Commission and City Council. The
moratorium is designed to preserve the status quo pending the
review and adoption of these regulations.
SECTION 5. 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 severable from
the remainder and that the remainder be given full force and
effect.
SECTION 7. The City Council hereby finds and
• determines that proposed adult business regulations may have
an impact on the business revitalization program undertaken
the City of Rosemead. The City Council, concurrent with the
adoption of this ordinance, has requested the City's economic
consultant to review and advise on the proposed regulations.
SECTION 8. Under no circumstance is this ordinance
to be interpreted to apply to any adult business which has
already received 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 extending the moratorium
shall take effect and be in full force immediately after the
passage and adoption thereof and shall remain in effect for
eight months from the date of adoption.
SECTION 11. The City Clerk will certify to the
passage and adoption of this ordinance and shall cause the
same to be processed in the manner required by law.
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1981.
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PASSED, APPROVED and ADOPTED this 22ndday of September,
L'~
0 of the C t o Rosemead
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ATTEST:
City C er
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