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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