HomeMy WebLinkAboutORD NO 4108ORDINANCE NO. 4 I 0 8
ORDINANCE OF THE CITY OF BAKERSFIELD
AMENDING CHAPTER 17.69 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO
ADULT ENTERTAINMENT BUSINESSES
WHEREAS, the City Council of the City of Bakersfield ("City Council") wishes to
promote the City of Bakersfleld's great interest in protecting and preserving the quality of
the residential, commercial and industrial areas of the City, and the quality of life through
effective land use planning; and
WHEREAS, the City Council believes as true and takes legislative notice of the
studies conducted in the cities of Austin, Texas; Biloxi, Mississippi; Garden Grove,
California; Indianapolis, Indiana; Los Angeles, California; and Phoenix, Adzona which
show Sexually Oriented Businesses cause secondary impacts which degrade the areas of
the city in which they are located, cause a blighting effect on the city, and increase crime in
general, and sex related crimes in particular, in the vicinity of the Adult Entertainment
Business; and
WHEREAS, the City council also takes judicial notice of the factual findings, studies
and legal conclusions in the numerous judicial decisions on the regulation of adult
entertainment business which include but are not limited to Arcara v. Cloud Books, Inc.
(1986) 478 U.S. 697, 92 L.Ed.2d 568, 106 S.Ct. 3172; Barnes v. Glen Theatre, Inc. (1991)
501 U.S. 560, 115 L.Ed.2d 504, 111 S.Ct. 2456; BSA, Inc. v. King County(9th Cir. 1986)
804 F.2d 1104; California v. La Rue (1972) 409 U.S. 109, 34 L.Ed.2d 342, 93 S.Ct. 390;
DLS Inc. v. City of Chattanooga (6th Cir. 1997) 107 F.3d 403; Hang On, Inc. v. City of
Arlington (5th Cir. 1995) 65 F.3d 1248; Hart Book Stores, Inc. v. Edmisten (4th Cir. 1979)
612 F.2d 821; Kev, Inc. v. Kitsap County (9th Cir. 1986) 793 F.2d 1053; Mitchell v. Com'n
on Adult Entertainment Est. (3rd Cir. 1993) 10 F.3d 123; Renton v. Playtime Theaters,
Inc. (1986) 475 U.S. 41, 89 L.Ed.2d 29, 106 S.Ct. 925; Spokane Arcade, Inc. v. City of
Spokane (9th Cir. 1996) 75 F.3d 663; Star Satellite, Inc. v. City of Biloxi (5th Cir. 1986)
779 F.2d 1074; Tee & Bee, Inc. v City of West Allis (E.D. Wis. 1996) 936 F.Supp. 1479;
Young v. American Mini Theatres, Inc. (1976) 427 U.S. 50, 49 L.Ed.2d 310, 96 S.Ct. 2440;
City of National City v. Weiner (1992) 3 Cal.4th 832; People v. Mirmirani (1981) 30 Cal.3d
375; Michigan v. Dizzy Duck (1995) 535 N.W.2d 178; 770 Corp. v. County of Clark (1996)
112 Nav. 185, 911 P.2d 1187; Tily B., Inc. v. City of Newport Beach (1999) 69 Cal.App.4th
1; SOB, Inc. v County of Benton (8th Cir. 2003) No. 01-3928 & 01-4022; and City of Erie v.
Paps A.M. (2000) 529 U.S. 277 and
WHEREAS, prior to the adoption of this Ordinance, the City Council reviewed
and/or were briefed on detailed studies prepared by other jurisdictions regarding the
detrimental social and economic effects on persons and properties immediately
surrounding established Adult Entertainment Businesses. These studies included those
prepared by the cities of Austin, Texas; Biloxi, Mississippi; Indianapolis, Indiana; Garden
Grove, California; Los Angeles, Califomia; and Phoenix, Arizona; and
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WHEREAS, the City Council believes the following statements are true, in part
based upon its understanding of the experiences of cities which include but are not limited
to such as Austin, Texas; Biloxi, Mississippi; Garden Grove, California; Newport Beach,
California; Indianapolis, Indiana; Los Angeles, California; and Phoenix, Arizona:
Crime rates are higher in residential areas surrounding Adult Entertainment
Businesses than in commercial or industrial areas surrounding Adult
Entertainment Businesses;
Areas within close walking distance of single and multiple family dwellings
should be free of Adult Entertainment Businesses;
Adult Entertainment Businesses should not be located in areas of the City
which are in the vicinity of residential uses, religious institutions, parks and
schools;
In order to protect children, Adult Entertainment Businesses should not be
located in close proximity to places in which children congregate, including
parks and schools;
The existence of Adult Entertainment Businesses in close proximity to
residential areas has been shown to reduce the property values in those
areas;
Without the adoption of this Ordinance, Adult Entertainment Businesses
might be able to locate anywhere within the City by right, requiring no permit
other than a business license to operate, thereby subjecting the people of
the City to the unmitigated secondary effects shown to accompany
unregulated and under-regulated Adult Entertainment Business;
A reasonable regulation of the location of Adult Entertainment Businesses
protects the community and its property values and protects the City's
residents from the adverse secondary effects of such Adult Entertainment
Businesses, while providing those who desire to patronize Adult
Entertainment Businesses an opportunity to do so in appropriate areas
within the City;
Regulations for Adult Entertainment Businesses should be developed to
prevent deterioration and/or degradation of the vitality of the community
before the problem exists, rather than waiting for a problem to be created;
Adult Entertainment Businesses should be regulated by developing zoning
which will separate such land uses from other incompatible uses and by
developing regulation of the operation of the adult entertainment business
which could eliminate or reduce the secondary impacts such businesses
have on the surrounding community; and
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WHEREAS, the aforementioned studies show that sex-related offenses are
included within the category of secondary effects caused by unregulated or under-
regulated Adult Entertainment Businesses; and
WHEREAS, the City Council believes as true the documents and judicial decisions
in the public record established and submitted in conjunction with this Ordinance which
demonstrate that various operational practices of Adult Entertainment Businesses (as that
term is defined in this Chapter) increase criminal activity, including but not limited to drug
transactions, sexually related criminal activity, and increase the likelihood of the
transmission of diseases including but not limited to sexually transmitted diseases such as
gonorrhea, syphilis, herpes, and acquired immune deficiency syndrome ("AIDS") and
hepatitis-B; and
WHEREAS, the City Council believes the following statements are true, in part,
based upon its understanding of the documents and judicial decisions in the public record
established and submitted with this Ordinance:
Evidence indicates that dancers, models, entertainers, and other persons
who publicly perform Specified Sexual Activities or publicly display Specified
Anatomical Parts in Adult Entertainment Businesses (as those terms are
defined in this Chapter) (collectively referred to as "Performers") have been
found to engage in sexual activities with patrons of Adult Entertainment
Businesses on the site of the Adult Entertainment Business;
Evidence has demonstrated that Performers employed by Adult
Entertainment Businesses have been found to offer and provide private
shows to patrons who, for a price, are permitted to observe and participate
with the Performers in live sex shows;
Evidence indicates that Performers at Adult Entertainment Businesses have
been found to engage in narcotics transactions and acts of prostitution with
patrons of the establishment;
Evidence indicates that fully enclosed booths, individual viewing areas, and
other small rooms or portions of rooms whose interior cannot be cleady seen
from public areas of the establishment ("Individual Viewing Areas") regularly
have been found to be used as a location for engaging in unlawful sexual
activity;
Individual Viewing Areas have been found to contain "glory holes" in the
walls joining abutting Individual Viewing Areas which are used by customers
to facilitate sexual activity between the occupants of the abutting Individual
Viewing Areas;
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Individual Viewing Areas have been found to be unsanitary due to the
existence of semen, saliva, and blood on the walls and floors of the
Individual Viewing Areas;
Medical science has found that the Human Immunodeficiency Virus ("HIV
virus") and hepatitis-B viruses are carried in the semen of infected males as
well as saliva and blood of both male and females and have a potential life
span of 2 to 3 hours outside the human body;
The existence of semen on the walls and floors of the Individual Viewing
Areas can facilitate the indirect transmission of the HIV virus and hepatitis-B
viruses and the occurrence of sexual activity between patrons and
Performers as noted below can facilitate the direct transmission of HIV and
hepatitis-B virus;
The practice of individuals having anonymous and/or unprotected sexual
relations in Individual Viewing Areas can facilitate the transmission of the
AIDS and hepatitis-B viruses as well as other sexually transmitted diseases;
Poorly lit or unlit areas of Adult Entertainment Businesses provide a location
for people to engage in illegal sexual activities;
Police agencies have determined that some Adult Entertainment Businesses
and the operators thereof have been found to be directly engaged in (as well
as aid and abet) criminal and illegal sexual activity. Such individuals also
have been known to use aliases;
Many jurisdictions have found that Adult Entertainment Businesses generate
excessive noise and disorderly conduct, particularly at the closing time of the
Adult Entertainment Business, which creates an adverse noise public safety
impact on surrounding businesses and communities;
Adult Entertainment Businesses have been found to regularly attempt to
violate the operational requirements imposed upon them for the purposes of
reducing the pernicious secondary effects such businesses cause. For this
reason, frequent, unannounced inspections of such businesses are
necessary to ensure compliance with these operational requirements; and
WHEREAS, the experiences of the cities of Palm Springs and Huntington Beach,
California, indicate that disorderly conduct is likely to occur when crowds which are under
the influence of alcohol become involved in sexually oriented activities; and
WHEREAS, while the City Council desires to protect the dghts of those who
provide adult entertainment, it desires to do so in a manner which decreases, to the
greatest extent feasible, the undesirable secondary effects associated with such entertain-
ment; and
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WHEREAS, while the City Council desires to protect the rights conferred by the
United States Constitution to Adult Entertainment Businesses, it does so in a manner that
ensures the continued and orderly development of property within the City and diminishes,
to the greatest extent feasible, those undesirable secondary effects which the
aforementioned studies have shown to be associated with the development and operation
of Adult Entertainment Businesses; and
WHEREAS, the City Council is aware of the recent increase in the establishment of
businesses which provide adult entertainment; and
WHEREAS, in the absence of this ordinance, the City would be unable to reduce or
eliminate the secondary effects caused by the unregulated operation of Adult
Entertainment Businesses, and would therefore be forced to suffer the deleterious impacts
of such secondary effects which include but are not limited to increased crime and blight;
and
WHEREAS, it is not the intent of the City in adopting this Ordinance to suppress
any activities protected by the First Amendment, but rather to enact a content neutral
ordinance which addresses the secondary effects Adult Entertainment Businesses have
on the City; and
WHEREAS, the City Council finds that this ordinance is a comprehensive content
neutral zoning ordinance regulating the time, place and manner of operation of sexually
oriented businesses pursuant to Government Code Section 65850 sub. (g)(1) and
Business and Professions Code Section 16000; and
WHEREAS, the Ninth Circuit has recently decided several cases including Young
v. City of Simi Valley (9th Cir 2000) 216 F.3d 807, Isbell v. City of San Diego (9th Cir. 2001 )
258 F.3d 1108; and, Lim v. City of Long Beach (9th Cir. 2000) 217 F.3d 1050, all of which
clarify the analysis applicable to adult entertainment business ordinances. The City is also
aware of the risk that a judicial determination that a failure of its ordinance to comply with
existing precedents may result in the unenforceability of the City's Adult Entertainment
Regulations. If that were to occur, the City and its residents would be subject to the
plethora of secondary effects Adult Entertainment Businesses have been found to create,
causing a substantial risk to the City's immediate preservation of public health, peace,
property and safety. In an abundance of caution, and in an effort to ensure its ordinance is
current and in line with existing precedent, the City has decided to revise its regulations in
the manner provided herein; and
WHEREAS, based upon the forgoing, the City Council further finds that this
ordinance is for the immediate preservation of public health, peace, property and safety,
and thereby finds that an emergency exists for which enactment of this emergency
ordinance is necessary and proper.
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BE IT ORDAINED by the City Council of the City of Bakersfield as follows:
SECTIONI
Section 17.69.010 of the Bakersfield Municipal Code is hereby amended to read
as follows:
17.69.10 Purpose.
It is found, and experience has demonstrated, that certain adult-oriented
business, because of their very nature, are recognized as having significant
deleterious secondary effects on the community which include, but are not limited
to: depreciated property values and increased vacancy in residential and
commercial areas in the vicinity of the adult-oriented businesses; higher crime
rates, noise, debris or vandalism in the vicinity of adult-oriented businesses; and
blighting conditions such as Iow-level maintenance of commercial premises and
parking lots which thereby have a deleterious effect upon adjacent areas. The
concentration of such uses substantially contributes to blighting and downgrading
adjacent residential and commercial areas. Special regulation of these
businesses is necessary to preserve the integrity of existing commercial areas of
the city and of residential areas in close proximity to such commercial uses. In
furtherance of the public interest and general welfare, the primary purpose of this
chapter is to deconcentrate and to prevent the concentration of these businesses
in any one area. It is neither the intent, nor effect of this Chapter to impose
limitations or restrictions on the content of any communication material.
Similarly, it is neither the intent, nor effect of this chapter to restrict or deny
access by adults to sexually-oriented materials or merchandise protected by the
First Amendment, or deny access by the distributors or exhibitors of adult-
oriented business to their intended market.
Nothing in this chapter is intended to authorize, legalize or permit the
establishment, operation or maintenance of any business, building or use which
violates which violates any City ordinance or any statute of the state regarding
public nuisances, unlawful exposure, sexual conduct, lewdness or obscene or
harmful matter or the exhibition or public display thereof.
Section 17.69.020 of the Bakersfield Municipal Code is hereby amended to read
as follows:
17.69 .020 Definitions.
It is the purpose of this section, together with its subsections, to provide clear and
concise definitions of those words, terms and phrases most commonly utilized in the
regulations and provisions of this chapter, in order to assist in the uniform
interpretation of those regulations and provisions and to ensure uniformity in their
application. The following terms shall have the definitions ascribed below:
Page 6 of 13
"Adult Bookstore": Any establishment, which as a regular and substantial
course of conduct, displays and/or distributes Sexually-Oriented material
and Sexually-Oriented 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.
"Adult Cabaret": A nightclub, bar, lounge, restaurant or similar
establishment or concern which features as a regular and substantial course
of conduct, any type of live entertainment, films, motion pictures, videos,
slides, other photographic reproductions, or other oral, written, or visual
representations which are characterized by an emphasis on matter
depicting, describing or relating to Specified Sexual Activities or Specified
Anatomical Parts.
"Adult Hotel/Motel": A hotel or motel, which as a regular and substantial
course of conduct provides to its patrons, through the provision of rooms
equipped with closed-circuit television or other medium, material which is
distinguished or characterized by the emphasis on matter depicting,
describing or relating to Specified Sexual Activities or Specified Anatomical
Parts and which rents, leases, or lets any room for less than a 12-hour
period and/or rents, leases or lets any room more than once in a 24-hour
period and which advertises the availability of any of the above.
"Adult Model Studio": Any premises where as a regular and substantial
course of conduct, there is furnished, provided or procured a figure model or
models who pose in any manner which is characterized by its emphasis on
matter depicting, describing, or relating to Specified Sexua~ Activities or
Specified Anatomical Parts for the purpose of being observed or viewed by
any person or being sketched, painted, drawn, sculptured, photographed,
filmed, or videotaped before any person who pays a fee, or any other thing
of value, as a consideration, compensation, or gratuity for the right or
opportunity to so observe the model or remain on the premises. 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 Education Code.
"Adult Motion Picture Arcade": Any business establishment or concern
which as a regular and substantial course of conduct provides, for a fee, the
use of manually or electronically controlled still, motion picture or video
machines, projectors, computer generated or displayed images or other
image producing devices which serve less than 5 persons at any one time
and are maintained to display images distinguished or characterized by an
Page 7 of 13
emphasis on matter depicting, describing or relating to Specified Sexual
Activities or Specified Anatomical Parts [machines, devices or other
contraptions].
"Adult Entertainment Business": Any business establishment or concern
which as a regular and substantial course of conduct performs as an Adult
Bookstore, Adult Theater, Adult Motion Picture Arcade, Adult Cabaret,
Stripper, Adult Model Studio, Adult Motel/Hotel; or any other business
establishment or concern which as a regular and substantial course of
conduct offers to its patrons products, merchandise, services or
entertainment characterized by an emphasis on matters depicting,
describing or relating to Specified Sexual Activities or Specified Anatomical
Parts. "Adult Entertainment Business" does not include those uses or
activities, the regulation of which is preempted by state law. "Adult
Entertainment Business" shall also include any business establishment or
concern which, as a regular and 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 Pads. For the purposes of this Section, a business
establishment or concern has established the provision of products,
merchandise, services or entertainment characterized by an emphasis on
matters depicting, describing or relating to Specified Sexual Activities or
Specified Anatomical Parts as a regular and substantial course of conduct
when one or more of the following conditions exist:
The area devoted to Sexually-Oriented Merchandise and/or
Sexually-Oriented Material exceeds more than 25 percent of
the total display area or floor space area open to the public;
The business establishment or concern presents any type of
live entertainment which is characterized by an emphasis on
Specified Sexual Activity or Specified Anatomical Parts at
least four times in any calendar month in any given year;
Twenty-five per cent (25%) of the businesses revenues are
derived from the provisions of services or merchandise
characterized by an emphasis on Specified Sexual Activity or
Specified Anatomical Parts.
"Adult Motion Picture Theater'': a business establishment or concern with
one or more viewing rooms with the capacity for fifty or more persons which,
as a regular and substantial course of conduct, presents for any form of
consideration films, motion pictures, videos, slide photographs, computer
generated or displayed images or other pictures or visual reproductions
which are distinguished or characterized by their emphasis on matter
Page 8 of 13
depicting, describing, or relating to Specified Sexual Activities or Specified
Anatomical Parts.
"Adult Mini-Motion Picture Theater": a business establishment or concern
with one or more viewing rooms with the capacity of more than five, but less
that fifty persons, where, for any form of consideration, films, motions
pictures, video cassettes, slides, computer generated or displayed images or
similar graphic reproductions are shown and material whose dominant or
predominant character and theme is the depiction of specified sexual
activities or specified anatomical areas for observation is shown on any ten
or more days in a thirty consecutive day period.
"Live Art Class": Any premises on which all of the following occur: there is
conducted a program of instruction involving the drawing, photographing, or
sculpting of live models exposing Specified Anatomical Parts; instruction is
offered in a series of at least 2 classes; the instruction is offered indoors; an
instructor is present in the classroom while any participants are present; and
pre-registration is required at least 24 hours in advance of participation in
the class.
"Performer": any dancer, model, entertainer, and/or other person who
publicly performs any Specified Sexual Activities or publicly display any
Specified Anatomical Part in Adult Entertainment Businesses.
"Sexually-Oriented Material": Any element of Sexually-Oriented
Merchandise, or any book, periodical, magazine, photograph, drawing,
sculpture, motion picture film, or other written, oral, or visual representation
characterized by an emphasis on matter depicting, describing, or relating to
Specific Sexual Activities or Specified Anatomical Parts. This definition also
includes, but is not limited to sexual novelties depicting, designed or shaped
as Specified Anatomical Pads or which depict Specific Sexual Activities.
"Sexually-Oriented Merchandise": Sexually-oriented implements and parap-
hernalia, such as, but not limited to: dildos, auto sucks, sexually-oriented
vibrators, edible underwear, benwa balls, inflatable orifices, anatomical
balloons with orifices, simulated and battery operated vaginas, and similar
sexually-oriented devices which are designed or marketed primarily for the
stimulation of human genital organs or sado-masochistic activity.
"Specified Anatomical Parts":
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
Page 9 of 13
Exposed human male genitals or human male genitals in a
discernibly turgid state, regardless of whether they are
completely and opaquely covered.
"Specified Sexual Activities":
Actual or simulated sexual intercourse, oral copulation, anal
intercourse, oral anal copulation, bestiality, direct physical
stimulation of unclothed genitals, flagellation or torture in the
context of a sexual relationship, or the use of excretory
function in the context of a sexual relationship, any of the
following depicted sexually- oriented acts or conduct:
anilingus, buggery, coprophagy, coprophilia, cunnilingus,
fellatio, necrophilia, pederasty, pedophilia, piquerism,
sapphism, zooerastia; or
Clearly depicted human genitals in a state of sexual
stimulation, arousal or tumescence; or
Use of human or animal ejaculation, sodomy, oral copulation,
coitus, or masturbation; or
Fondling or touching of nude human genitals, pubic region,
buttocks or female breast; or
Masochism, erotic or sexually-oriented torture, beating or the
infliction of pain; or
Erotic or lewd touching, fondling or other sexually-oriented
contact with an animal by a human being; or
Human excretion, urination, menstruation, vaginal or anal
irrigation.
Striptease or any act involving the public removal of clothing
to the point where Specified Anatomical Parts are displayed;
or the public appearance of any person in a state where
Specified Anatomical Parts displayed, or the public
appearance of any person where Specified Anatomical Parts
are only covered by attire commonly referred to as pasties or
a G-string, or any other opaque covering which does not
expose the areola or nipples of the female breast, and while
covering the natal cleft and pubic area covers less than one
inch on either side of the entire length of the natal cleft and
two inches across the pubic area. For the purposes of this
definition, appearance in "public" shall include a situation
Page 10 of 13
when a single employee, agent or other non-patron of the
adult entertainment business is in the presence of a single
patron of the adult oriented business.
Section 17.69.030 of the Bakersfield Municipal Code is hereby amended to read as
follows:
17.69.30 Development requirements.
Uses permitted by this chapter shall be subject to all applicable development
standards, requirements and restrictions of the zone district in which it is located.
Section 17.96.040 of the Bakersfield Municipal Code is hereby amended to read as
follows:
17.69.40 Separation and distance requirements.
In those zoning districts where Adult Entertainment Businesses are regulated by
this chapter would otherwise be permitted uses, it shall be unlawful to conduct,
establish or relocate any such business:
Within one thousand feet of any property zoned for residential use
whether or not located within the city;
Within one thousand feet of any other adult entertainment business
whether or not located within the city;
Within one thousand feet of any public or private school whether or not
located within the city, excluding any vocational or professional school or
any college;
Within one thousand 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 whether or not
located within the city.
The distances specified in this section shall be measured in a straight line,
without regard to intervening structures, from the dearest 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.
Page 11 of 13
The above notwithstanding, an Adult Entertainment business lawfully operated
at any particular location on the date of adoption of this Ordinance shall not be
required to comply with the requirements of this section 17.69.040 except to the
extent that such business seeks to relocate to another location or seeks to
expand the existing business.
Section 17.69.060 of the Bakersfield Municipal Code is hereby amended to read as
follows:
17.69.60 Exterior display.
No adult entertainment business shall be conducted in any manner that permits the
observation of any material depicting, describing, or relating to specified sexual activities or
specified anatomical areas from any public way or from any location outside the building or
area of such business. This provision shall apply to any display, decoration, sign, show
window, or other opening.
Section 17.69.070 of the Bakersfield Municipal Code is hereby amended to read as
follows:
17.69.70 Regulations nonexclusive.
The regulations set forth in this chapter are not intended to be exclusive and
compliance therewith shall not excuse noncompliance with any other regulations
pertaining to the operation of adult entertainment businesses set forth elsewhere in this
code.
SECTION II
This ordinance is enacted as an emergency ordinance in accordance with the
provisions of Section 23 of the Charter of the City of Bakersfield and shall become
effective immediately.
.......... 000 ..........
Page 12 of 13
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 February 12, 2003,
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNClLMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER I~
COUNCILMEMBER ~
COUNCILMEMBER
CITY CLERK and EX OF~CIO of the
Council of the City of Bakersfield
APPROVED: FEB 12 2003
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
BART J, THILTGEN
City Attorney
By: ,.~:/
- BAR~ J. THiE~'GEN
City Attorney
Page 13 of 13
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. McCARTHY, 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 the 13th day of February , 2003 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No.
Bakersfield City Council at a meeting held on the
entitled:
ORDINANCE OF THE CITY
12th day of
4108 , passed by the
February 2003 and
OF BAKERSFIELD
AMENDING CHAPTER 17.69 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO ADULT
ENTERTAINMENT BUSINESSES.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
~ ~ D E P L~T-..Y...~y Clerk