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HomeMy WebLinkAboutORD NO 3066ORDINANCE NO. 3066 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTIONS 17.69.020 D. AND 17.69.040 AND ADDING SECTION 17.69.050 D. TO THE BAKERSFIELD MUNICIPAL CODE RELA~ING TO ADULT ENTERTAINMENT BUSINESSES. ~ WHEREAS, Section 17.60.020 does not explicitly provide that the twenty-five percent s~andard is to be applied by number within each category, e.g., books, magazines, films, or tapes; and WHEREAS, the Council of the city of Bakersfield, based on the conclusions of studies conducted in other jurisdictions, heretofore adopted separation and distance requirements for adult entertainment businesses specifying that such businesses were not permitted within one thousand (1,000) feet of each other, of schools, or of residentially zoned properties or within five hundred (500) feet of any church, public library or park; and WHEREAS, thereafter, as a result of the decision of the united States Court of Appeal for the Ninth Circuit in City__qo~ Renton v. Playtime Theatres, Inc. (1984) 748 F.2d 527, this Council amended Chapter 17.69 of the Bakersfield Municipal Code to delete the provision prohibiting adult entertainment businesses within one thousand (1,000) feet of residentially zoned properties or within five hundred (500) feet of any church, school, public library or park; and WHEREAS, on February 25, 1986, the United States Supreme Court reversed the above-referenced decision and, in City of Renton v. Playtime Theatres, Inc. (1986) 39 L.Ed.2d 29, upheld such a ~oning restriction pro-~ibiting the location of adult motion picture theaters within one thousand (1,000) feet of residentially zoned properties, or within specified distances of schools, churches, or parks, notwithstanding that the City of Renton had not conducted a study of the impacts of adult motion pictures theaters on residential or other neighborhoods, but had relied on the conclusions of studies conducted in other jurisdictions; and WHEREAS, relying on the conclusions of such studies, including those referenced in the staff report, this Council has determined that re-imposition of such locational restrictions is necessary and appropriate within the City of Bakersfield to prevent the harmful and potentially blighting effects that the location of adult entertainment businesses have on surrounding neighborhoods, on community improvement efforts, and on neighborhood children. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 7.69.020 D. of the Bakersfield Municipal Code is hereby amended to read as follows: 17.69.020 Definitions. D. "Adult bookstore" means any business selling or renting books, magazines, periodicals or other printed matter, photographs, films, motion pictures, slides, tapes, video cassettes, records or any other form of visual or audio representation twenty-five percent or more of the stock-in-trade on display within any such category being characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. SECTION 2. Section 17.69.040 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.69.040 Separation and distance requirements. A. In those zoning districts where adult entertainment businesses regulated by this chapter would otherwise be permitted uses, it shall be unlawful to conduct, establish or relocate any such business: 1. Within one thousand (1,000) feet of any property zoned for residential use; 2. Within one thousand (1,000) feet of any other adult entertainment business; 3. within one thousand (1,000) feet of any public or duly licensed private school, excluding any vocational or professional school or any college; or 4. Within five hundred (500) feet of any developed park or public playground, of any public library, or of any church or other religious facility which people regularly attend to hold religious services or meetings. B. The distances specified in this section shall be measured in a straight line, without regard to intervening structures, from the nearest point of the parcel of real property upon which the adult entertainment business is, or is to be, located to the nearest point of the parcel of real property or land use zone boundary line from which the proposed land use is to be separated. -2- SECTION 3. Section 17.69.050 D. is hereby added to the Bakersfield Municipal Code to read as follows: 17.69.050 Nonconforming adult entertainment businesses-- Discontinuance required. D. Any other provision of this section or chapter notwithstanding, any operating adult entertainment business required to cease operations or to relocate as a result of the amendment to Section 17.69.040, adding subsection A.1. thereto, may continue operations for a period of eighteen months from the effective date of the ordinance amending that Section, provided that such business existed on the same property at least sixty days prior to such effective date. SECTION 4. This ordinance shall be posted in accordance with the City charter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... -3- I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 13th day of _August , 1986, by the following vote: Council of the City of Bakersfield APPROVED this 13th day of August , 1986 MAYOR of the City ~f Bakersfield APPROVED as to form: CITY AT~DRNEY or'the City of Bakersfield AJS/bl/mro 50.ADULT -4- Affi a ! of ostmg r inan es STATE OF CALIFORNIA t ss. County of Kern CAROL WILLIAMS, Being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on Auqust 14 , 19 86 , she posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on Auqust 13 , 19 86 , which ordinance was numbered 3066 New Series, and entitled: An Ordinance of the Council of the City of Bakersfield amending Sections 17.69.020 D. and 17.69.040 and adding Section 17.69.050 D. to the Bakersfield Municipal Code relating to Adult Entertainment Businesses. City Clerk Subscribed and sworn to before me this ...... .~:..~ ..........d8¥ of ..........A...~r..9.~.~. ...............................,19..~..~ ,I ~ ROBERTA FAY G,}FFC':?,~ : '~ "~ My comm. expires AUG 21, log. ,?