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HomeMy WebLinkAboutRES NO 35-98RESOLUTION NO. 35-98 A RESOLUTION SUPPORTING ASSEMBLY BILL 726 REGARDING LOCAL REGULATION OF ADULT ENTERTAINMENT. WHEREAS, the City of Bakersfield has experienced problems of increased crime, and threat of disease which are common secondary effects of so called "adult entertainment"; and WHEREAS, attempts to regulate activities in "adult businesses" have been thwarted by Penal Code Sections 318.5 and 318.6 theater exemption, which is used as a loophole by owners of "adult businesses" to avoid regulations; and WHEREAS, "adult businesses" have constructed small rooms, which they designate as "mini-theaters" to preclude the City's restriction against doors on "booths" by hiding behind the theater exemption in the State Penal Code; and WHEREAS, the Bakersfield City Council desires to protect the rights conferred by the United States Constitution to adult businesses in a manner that ensures the continued and orderly development of property within the City and diminishes those undesirable negative secondary effects which various studies have shown to be associated with the development and operation of adult businesses; and WHEREAS, cities attempting to regulate adult or sexually oriented businesses often face the threat of costly litigation as a result of a loophole in state law that exempts "theaters, concert halls or similar establishments"; and WHEREAS, Assembly Bill 726 seeks to eliminate this loophole and clearly establish the authority of local governments to regulate adult oriented businesses; and WHEREAS, Assembly Bill 726 passed out of the Assembly, but faces an uphill battle in the Senate; and WHEREAS, the League of California Cities' Task Force on Adult Entertainment is requesting the City's support of Assembly Bill 726. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BAKERSFIELD AS FOLLOWS: 1. That the Bakersfield City Council strongly supports Assembly Bill 726 in its current form and urges its immediate passage by the California Senate. -- Page 1 of 2 Pages-- ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on ~'~!~ ! ~ 19~, by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, SMITH, MCDERMOTT, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER APPROVED IlAR ~ .~ 1~ MAYOR of the City of Bakersfield CITY CLERK and Ex Officic~71erk of the Council of the City of Bakers'field APPROVED AS TO FORM: JUDY K. SKOUSEN CITY ATTORNEY /JUDY K.)SKOUSEN / City Attorney :cj S:~COUNCIL~RES~AB728res.wpd -- March 19, 1998 -- Page 2 of 2 Pages--