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.
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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.
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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
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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. ,?