HomeMy WebLinkAboutORD NO 2926EMERGENCY ORDINANCE NO. 2926 NEW SERIES
AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE
CITY OF BAKERSFIELD ADDING SUBSECTION B. 48 TO
SECTION 17.24.020, SUBSECTION B. 33 TO SECTION
17.28.020 AND SUBSECTION B. 55 TO SECTION
17.30.020, AMENDING SUBSECTIONS E. AND F. OF
SECTION 17.69.020, SECTION 17.69.030, SECTION
17.69.050, SECTION 17.69.070, SUBSECTIONS A.
AND B. OF SECTION 5.06.010, SECTIONS 5.06.020,
5.06.030, 5.06.040, 5.06.060, 5.06.070, 5.06.080,
AND 5.06.090 AND REPEALING SECTION 5.06.050,
AND SUBSECTION F. OF 5.06.060 OF THE BAKERSFIELD
MUNICIPAL CODE RELATIVE TO ADULT ENTERTAINMENT
ESTABLISHMENTS AND ADULT BOOKSTORES.
WHEREAS, the amendment to Chapters 17.69 and 5.06 of the
Bakersfield Municipal Code set forth hereinbelow are designed to
eliminate potential obstacles to the enforcement of the provisions
of, and to achieving the primary objectives of, such chapters; and
WHEREAS, for reason stated above, this ordinance is an
emergency ordinance as defined in Section 24 of the Charter of the
City of Bakersfield.
NOW, THEREFORE, BE IT ORDAINED by the Council of the
City of Bakersfield as follows:
SECTION 1.
Subsection B. 48 is hereby added to Section 17.24.020
of the Bakersfield Municipal Code to read as follows:
17.24.020 Uses permitted.
B. 48. Adult entertainment establishments as defined
in Section 17.69.020 and subject to the regulations of Chapter
17.69.
SECTION 2.
Subsection B. 33 is hereby added to Section 17.28.020
of the Bakersfield Municipal Code to read as follows:
17.28.020 Uses permitted.
B. 33. Adult entertainment establishments as defined
in Section 17.69.020 and subject to the regulations of Chapter
17.69.
SECTION 3.
Subsection B. 55 is hereby added to Section 17.30.020
of the Bakersfield Municipal Code to read as follows:
17.30.020 Uses permitted.
B. 55. Adult entertainment establishments as defined
in Section 17.69.020 and subject to the regulations of Chapter
17.69.
SECTION 4.
Subsections E. and F. of Section 17.69.020 of the
Bakersfield Municipal Code are hereby amended to read as follows:
17.69.020 Definitions.
E. "Adult motion picture theater" means any establish-
ment, with the capacity of fifty (50) or more persons where, for
any form of consideration, films, motion pictures, video cassettes,
slides, or similar photographic reproductions are shown and in
which 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 any thirty consecutive day period.
F. "Adult mini-motion picture theater" means any
establishment with a capacity of more than five (5), but less
than fifty (50) persons where, for any form of consideration,
films, motion pictures, video cassettes, slides, or similar
photographic 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 any thirty consecutive day
period.
-2-
SECTION 5.
Section 17.69.030 of the Bakersfield Municipal Code is
hereby amended to read as follows:
17.69.030 Restricted to commercial and manufacturing zones.
Notwithstanding any provision to the contrary in this
title, no adult entertainment establishment shall be established
or conducted except in a C-l, C-2, P.C.D., M-1 or M-2 zone and
then shall conform to the regulations contained in this Chapter.
SECTION 6.
Section 17.69.050 of the Bakersfield Municipal Code is
hereby amended to read as follows:
17.69.050 Nonconforming adult entertainment establishments
Discontinuance required within one (1) year - Exceptions.
A. Within one (1) year after the effective date of
the ordinance enacting this Chapter, all adult entertainment
establishments not in full compliance with the requirements of
Section 17.69.040 shall be discontinued and shall cease operations
or shall be brought into full conformance with the provisions of
this Chapter; provided, however, that any such establishment may
continue operations for up to two (2) additional years upon the
granting of a conditional use permit pursuant to the provisions
and procedures of Chapter 17.64. A hearing and decision on an
application for such a conditional use permit shall be held and
made within thirty (30) days of filing of each complete application
therefor, and should an appeal from such decision be filed, the
City Council shall hear and decide such appeal within forty-five
(45) days of the date the appeal is presented to the City Clerk.
Notwithstanding the provisions of Section 17.64.070 E., such a
permit shall be granted for a period of time up to two (2) years
if the applicant for such permit presents clear and convincing
evidence that the operator of the establishment is obligated by
written lease on the premises for such additional period (provided
such lease was executed on or before thirty (30) days prior to
-3-
the effective date of the ordinance enacting this Chapter) or
that such additional period is necessary, as a result of investment
in the leasehold or improvements thereon, to prevent undue financial
hardship to the operator.
B. Any person possessing ownership or control of an
adult entertainment establishment which is located on property
zoned C-l, C-2, P.C.D., M-1 or M-2 as of or after the effective
date of the ordinance enacting this Chapter whose property is
subsequently rezoned to other than a C-l, C-2, P.C.D., M-1 or M-
2 zone shall discontinue operations and close down the adult
entertainment establishment within one (1) year from the effective
date of the ordinance rezoning the property, provided that an
additional two (2) years by conditional use permit shall be
granted upon the showing required therefor under subsection A of
this section.
C. Any person possessing ownership or control of an
adult entertainment establishment which is located on property
zoned C-l, C-2, P.C.D., M-1 or M-2 and which is not within 1000
feet of any residentially zoned property or of any other adult
entertainment establishment or within 500 feet of any church, any
school or any public park as of the effective date of the ordinance
enacting this Chapter, shall discontinue operations within one
(1) year of the date any property within 1000 feet becomes residentially
zoned property, or any church is opened for use, any school
begins a course of instruction for students, or public park is
dedicated on property within 500 feet of such adult entertainment
establishment, provided that an additional two (2) years by
conditional use permit shall be granted upon the showing required
therefor under subsection A of this section.
SECTION 7.
Section 17.69.070 of the Bakersfield Municipal Code is
hereby amended to read as follows:
-4-
17.69.070 Exceptions.
A. Notwithstanding the prohibitions contained in
Section 17.69.030 and 17.69.040 A, a person may establish, expand
or conduct an adult entertainment establishment on a site not
meeting the requirements of Sections 17.69.030 and 17.69.040 A if
a site meeting the requirements of those sections is not reasonably
available elsewhere in the City for the establishment of the
subject adult entertainment establishment. A site is "reasonably
available" elsewhere in the City if it satisfies all of the
following criteria:
1. Its use as a proposed adult entertainment
establishment is consistent with all applicable zoning regulations,
including Sections 17.69.030 and 17.69.040 A.
2. It is available for use, purchase, or rental as
an adult entertainment establishment.
3. It has adequate street access, street lighting
and sidewalks.
4. It is at least 500 feet away from any uses
which are or may become obnoxious or offensive by reason of
emission of odor, dust, smoke, noise, gas, fumes, cinders, or
refuse matter.
B. Prior to the establishment of an adult entertainment
establishment on a site not meeting the requirements of Sections
17.69.030 and 17.69.040 A., and, as to any existing adult entertain-
ment establishment desirous of obtaining an exception under the
provisions of this Section, prior to continued operation in
violation of those sections after expiration of the applicable
time period set forth in Section 17.69.050, an application for an
exception shall be filed in the office of the Planning Director
upon a form prescribed for that purpose, identifying the present
and proposed location of the subject adult entertainment establish-
ment, and accompanied by data supporting the exception request.
No fee shall be charged for filing such an application or for
appeal from a decision thereon. The Planning Director shall
-5-
review the application and, should he determine it to be incomplete,
request additional information within thirty (30) days of the
filing of the application and shall render a decision on the
application within sixty (60) days from the date of filing of a
completed application. An exception shall be approved if it
meets all the requirements of paragraph A., above. An appeal
from the determination of the Planning Director on whether an
exception meets all of the requirements of subsection A. may be
taken to the City Council in the same manner as prescribed in
Section 17.64.080. However, decision on any appeal shall be made
within thirty (30) days of the date the appeal is presented to
the City Clerk. The applicable time period set forth in Section
17.69.050 shall be extended during the pendency of an application
filed hereunder or of any appeal thereon. If the Planning Director
or City Council disapproves an exception request, then a finding
of fact shall be made showing wherein the proposed exception
fails to meet the requirements of paragraph A.
SECTION 8.
Subsections A. and B. of Section 5.06.010 are hereby
amended to read as follows:
5.06.010 Definitions
For the purposes of this chapter, the words set out in
this section shall have the following meanings:
A. "Adult bookstore" means a place situated in the
incorporated area of the City in any part of which place the
operator thereof keeps for purposes of sale or rental to persons
who enter such place matter which is harmful matter or of a
nature which would justify the finding of a grand jury or by a
magistrate that there is probable cause to believe such matter to
be harmful matter.
-6-
B. "Harmful matter" means matter, taken as a whole,
the predominant appeal of which to the average person, applying
contemporary standards, is to prurient interest, i.e., a shameful
or morbid interest in nudity, sex, or excretion, and is patently
offensive to the prevailing standards in the adult community as a
whole with respect to what is suitable material for minors, and
is utterly without redeeming social importance for minors.
SECTION 9.
Section 5.06.020 of the Bakersfield Municipal Code is
hereby amended to read as follows:
5.06.020 License--Required--Compliance with local, state and
federal laws required.
A. No person, firm, or corporation shall own, operate,
conduct or maintain an adult bookstore in the City, without first
having obtained from the Finance Department an adult bookstore
operator's license.
B. Should the application evidence satisfaction of
the requirements of this Chapter, a license shall be issued
within thirty (30) days of the filing of the application with the
Finance Department. If the application fails to evidence such
satisfaction, it shall be denied within such time period. A
denial may be appealed by the applicant to the City Council which
shall conduct a hearing thereon within thirty (30) days of the
filing of an appeal and shall render a decision within ten (10)
days of the hearing. Should the denial of a permit be upheld on
appeal, the Council shall set forth findings of fact specifying
the deficiency in the application requiring denial. The granting
of a license under this chapter does not exempt the licensee from
complying with any other local, state or federal ordinance, law
or regulation that may be applicable to the premises, operations,
operators or owners.
-7-
SECTION 10.
Section 5.06.030 of the Bakersfield Municipal Code is
hereby amended to read as follows:
5.06.030 License--Conditions for issuance.
A. No license shall be granted under this chapter to
any person not of age sufficient at the time of licensing, to
qualify the licensee to be a registered elector in elections held
for officers of the State.
B. Every initial license shall be valid from the date
of issue until December 31st of the calendar year of issue unless
earlier suspended or revoked. Any renewed license shall be
obtained not later than January 10th of the year following the
last previous year in which a valid license was held by the
applicant for renewal (unless delay beyond January 10th is due to
causes substantially attributable to action or inaction on the
part of the Finance Department), and such renewal license shall
be valid until December 31st of the calendar year of issue unless
earlier suspended or revoked.
C. An application as specified in Section 5.06.040 is
required.
SECTION 11.
Section 5.06.040 of the Bakersfield Municipal Code is
hereby amended to read as follows:
5.06.040 License--Application procedure.
Application for an adult bookstore license shall be
executed under penalty of perjury and submitted to the Finance
Department of the City on forms to be obtained from the City.
The application shall include the following:
A. The particular place of premises, including the
street name and address where such adult bookstore is to be
conducted.
B. The name and address of the owner or owners, or
lessee or lessees, of the place or premises where the adult
bookstore is to be operated at said location.
-8-
C. The names and addresses of all persons who shall
have charge of, or be involved in the actual operation, management,
and supervision of the adult bookstore; the applicant shall
specify the extent of the authority of each person so identified,
and shall advise the Finance Director of the City in writing of
the name, address and authority of any additional such person
prior to the date he or she begins work on the premises.
D. Said application must contain the applicant's
express warranty that the adult bookstore shall at all times be
operated, managed, and supervised in strict compliance with the
laws, rules and regulations of the State and the City.
SECTION 12.
Section 5.06.060 of the Bakersfield Municipal Code is
hereby amended to read as follows:
5.06.060 Operating conditions.
A. No licensee shall conduct, operate, or allow to be
conducted or allowed to be operated any adult bookstore unless
there is present on the premises at all times during such operations
an adult person who has been identified in the application or
subsequently as provided in Section 17.69.040 C., above.
B. No licensee shall permit any doors on the premises
or to any booth within the premises to be locked or barred during
business hours.
C. No person shall enter, be, or remain in any part
of an adult bookstore, while in the possession of, consuming,
using, or under the influence of any alcoholic beverage, or any
drug, and no licensee shall permit such person to enter, be, or
remain in the licensed premises.
D. No license shall be transferable to another person.
E. No license shall be issued for, or used in more
than one adult bookstore.
F. No harmful matter shall be displayed so as to be
visible from any street, sidewalk, parking area or other area
outside the premises.
-9-
SECTION 13.
Section 5.06.070 of the Bakersfield Municipal Code is
hereby amended to read as follows:
5.06.070 Posting.
Each licensee shall post and continuously keep posted a
copy of this chapter and the adult bookstore license in a conspicuous
place inside the licensed premises.
SECTION 14.
Section 5.06.080 of the Bakersfield Municipal Code is
hereby amended to read as follows:
5.06.080 Minors prohibited.
It is unlawful for any person under the age of eighteen
(18) years to be in, remain in, enter, or visit any adult bookstore,
unless accompanied by such person's parent or guardian.
SECTION 15.
Section 5.06.090 of the Bakersfield Municipal Code is
hereby amended to read as follows:
5.06.090 Owner's responsibility.
It is unlawful for any person, firm, or corporation,
his or their employees, servants, or agents, having charge,
control or management of any adult bookstore to suffer or permit
any person under the age of eighteen (18) years, to be in, or
remain in, enter or visit such adult bookstore, unless such minor
is accompanied by his or her parent or guardian.
SECTION 16.
Section 5.06.050 Investigation of applicant of the
Bakersfield Municipal Code is hereby repealed.
-10-
SECTION 17.
If any provision or clause of this ordinance or of the
chapters amended hereby or the application thereof to any person
or circumstance is held to be unconstitutional or otherwise
invalid by any court of competent jurisdiction, such invalidity
shall not affect other ordinance provisions, clauses or applications
thereof which can be implemented without the invalid provision,
clause or application, and to this end the provisions and clauses
of this ordinance and the chapters amended hereby are declared to
be severable.
SECTION 18.
This Emergency Ordinance is necessary for the immediate
preservation of the public health, peace, property and safety and
shall become effective immediately upon its passage.
.......... 000 ..........
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 20th day of June , 1984, by
the following vote:
CITY CL~RK and Ex Officio Clerk of
Council of the City of Bakersfield
APPR~ this 20th d~y of June 1984
~AYOR Q~the Cit~ of B'-akersfield
APPROVED as to form:
CITY ATT~NEY of tPre City of Bakersfield
AJS:mro
6-20-84 -11-
the
Afft aut! of Ilosttng O riltnanres
STATE OF CALIFORNIAl ss.
County of Kern
MARGUERITE ANDERSON, Being duly sworn, desposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that on June 22 , 198/4 , 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 June 20 , 19_84 ., which ordinance
was numbered 2926 New Series, and entitled:
AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE
CITY OF BAKERSFIELD ADDING SUBSECTION B. 48 TO
SECTION 17.24.020, SUBSECTION B. 33 TO SECTION
17.28.020 AND SUBSECTION B. 55 TO SECTION
17.30.020, AMENDING SUBSECTIONS E. AND F. OF
SECTION 17.69.020, SECTION 17.69.030, SECTION
17,69.050, SECTION 17.69.070, SUBSECTIONS A.
AND B. OF SECTION 5.06.010, SECTIONS 5.06.020,
5.06.030, 5.06.040, 5.06.060, 5.06.070, 5.06.080,
AND 5.06.090 AND REPEALING SECTION 5.06.050,
AND SUBSECTION F. OF 5.06.060 OF THE BAKERSFIELD
MUNICIPAL CODE RELATIVE TO ADULT ENTERTAINMENT
ESTABLISHMENTS AND ADULT BOOKSTORES.
City Clerk
Subscribed and sworn to before me this
14th davof September 198/4
Notary Public in nnd for {he Couvty of }tern, State of California