HomeMy WebLinkAboutORD NO 3729ORDINANCE NO. 3 ~' ~' 9
AN EMERGENCY ORDINANCE AMENDING
SUBSECTIONS A. AND D. OF SECTION
5.06.010 AND SUBSECTION B. OF SECTION
5.06.060 OF THE BAKERSFIELD MUNICIPAL
CODE RELATING TO REQUIREMENTS FOR
ADULT ENTERTAINMENT BUSINESS
OPERATIONS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
This ordinance is necessary for the immediate preservation of public health,
property and safety to guard against conduct which is dangerous to others or illegal as has
been judicially determined to be foreseeable in adult entertainment arcades.
SECTION 2.
Subsections A. and D. of Section 5.06.010 of the Bakersfield Municipal Code is
hereby amended to read as follows:
5.06.010 Definitions.
A. "Adult entertainment business" means any adult bookstore, adult motion
picture theater, adult motion picture or video or live adult entertainment arcade, or adult
live entertainment theater.
D. "Adult motion picture or video or live adult entertainment arcade" means any
business wherein coin or token operated, or electronically, electrically, or mechanically
controlled still or motion picture machines, projectors, or other image- producing devices
are maintained to show images to four or fewer persons, at any one time, and where the
predominant character or theme of the images so displayed is the depiction of harmful
matter, or any business with the capacity of four or fewer persons where, for any form of
consideration, live adult entertainment takes place. Such arcades shall strictly comply with
the occupancy density limit of fifteen (15) square feet per person as required under
Sections 1002.1 and 1002.2.1 and Table 10-A (4) of the Uniform Building Code, as
amended, which has been adopted pursuant to Bakersfield Municipal Code Chapter 15.12.
SECTION 3.
Subsection B. of Section 506060 of the Bakersfield Municipal Code is hereby
amended to read as follows:
5.06.060 Regulations.
B. Any adult motion picture or video or live adult entertainment arcade shall be
operated in accordance with the following:
1. Any adult motion picture or video arcade for use in any adult
entertainment business may be enclosed on three (3) sides only and the open side shall
be one hundred percent (100%) open and the visibility of the inside of the arcade shall not
be otherwise obstructed. All adult motion picture or video arcades open to the public shall
be visible from the primary entrance to the hallway or room in which the arcades are
located. No license-holder shall cause, permit, or suffer to exist any opening between any
adult motion picture or video or live adult entertainment arcade.
2. Any adult live entertainment arcade for use in any adult entertainment
business may be enclosed on three (3) sides only and the open side shall be one hundred
percent (100%) open and the visibility of the inside of the arcade shall not be otherwise
obstructed. All adult live entertainment arcades open to the public shall be visible from
the primary entrance to the hallway or room in which the arcades are located. There
shall be a barrier of plexiglass or similar substance between the entertainer and the patron
which shall have no single opening larger than one-half (%) inch in diameter No license-
holder shall cause, permit, or suffer to exist any opening between any adult motion picture
or video or live adult entertainment arcade.
3. No exterior door on the premises of any adult entertainment business
shall be locked or barred during hours when such business is open to the public including
any adult motion picture or video or live adult entertainment arcade.
SECTION 4.
This ordinance is necessary for the immediate preservation of public health,
property and safety to guard against conduct which is dangerous to others or illegal as has
been judicially determined to be foreseeable in adult entertainment arcades, and shall
become effective immediately after 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 $EP I ,I. 1996
by the following vote: ~ci~: D~ND, , I~DERMOTT, BOWLES, SULUV^N, SALVAGe()
couNc E R
Actirlg CITY CLERK and Ex Offici~ Clerk of the
Council of the City of Bakersfield
$EPt I 19~
APPROVED
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY K. SKOUSEN
City Attorney
By:
CARL HERNANDEZ III
DEPUTY CITY ATTORNEY
CH/meg
S:\COUNCIL~ORD~ADULTEN40R~eptember 12, 1996
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA )
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified Acting City Clerk of the City of Bakersfield; and
that on the 12th day of September, 1996 she posted on the Bulletin Board at City Hall, a full, true
and correct copy of the following: Ordinance No. 3729, passed by the Bakersfield City Council at
a meeting held on the 11 th day of September, 1996, and entitled:
AN EMERGENCY ORDINANCE AMENDING SUBSECTIONS A.
AND D. OF SECTION 5.06.010 AND SUBSECTION B. OF
SECTION 5.06.060 OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO REQUIREMENTS FOR ADULT
ENTERTAINMENT BUSINESS OPERATIONS
/s/ PAMELA A. McCARTHY
Acting City4 Clerk of the City of Bake~field