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.
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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
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