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Home My WebLink AboutORD NO 2961EMERGENCY ORDINANCE NO. 2961 NEW SERIES AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING CHAPTER 17.69 OF T~E BAKERSFIELD MUNICIPAL CODE REGARDING ADULT ENTERTAINMENT BUSINESSES. WHEREAS, the amendment to Chapter 17.69 of the Bakersfield Municipal Code set forth hereinbelow is designed to eliminate potential obstacles to the enforcement of the provisions of, and to achieve the primary purpose of, such chapter; 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 that Chapter 17.69 of Code is hereby amended to read as follows: SECTION 1. Chapter 17.69 of the Bakersfield Municipal Code hereby amended to read as follows: Sections: 17.69.010 17.69.020 17.69.030 17.69.040 17.69.050 17.69.060 17.69.070 ADULT ENTERTAINMENT BUSINESSES the Bakersfield Municipal Purpose. Definitions. Restricted to commercial and manufacturing zones. Separation and distance requirements. Nonconforming adult entertainment businesses - Discontinuance required. Exterior display. Regulations nonexclusive. 17.69.010 Purpose. It is found, and experience has demonstrated, that certain adult-oriented businesses, because of their very nature, are recognized as having deleterious effects upon adjacent resi- dential and commercial areas when located in immediate proximity to one another. The concentration of such uses substantially contributes to blighting and downgrading adjacent residential and commercial areas. Special regulation of these businesses is necessary to preserve the integrity of existing commercial areas of the City and of residential areas in close proximity to such commercial areas. In furtherance of the public interest and general welfare, the primary purpose of this Chapter is to deconcen- trate and t~ prevent the concentration or clustering of these businesses in any one area. 17.69.(320 Definitions. It is the purpose of this section, together with its subsections, to provide clear and concise definitions .of those words, terms and phrases most commonly utilized in the regulations and provisions of this Chapter, in order to assist in the uniform interpretation of those regulations and provisions and to insure uniformity in their application. A. "Adult entertainment business" means any adult bookstore, adult motion picture theater, adult mini-motion picture theater, and adult motion picture arcade. ~. "Specified anatomical areas" means and includes any of the following: 1. less than complete and opaquely cow, red human genitals, pubic region, buttocks, anus, point above the top of the areola; or 2. human male genitals or female breasts below a in a discernibly turgid state, even if completely or opaquely covered. C. "Specified sexual activities" means and include any of the following: 1. the fondling or touching of human genitals, pubic regions, buttocks, anus, or female breasts; or lated, including 3. 4. with, sex acts, normal or perverted, actual or simu- intercourse, ora] copulation, or sodomy; or masturbation, actual or simulated; or excretory functions as part of, or in connection any of the activities set forth in 1 through 3 above· D. "Adult bookstore" means any business selling or renting books, magazines, periodicals or other printed matter, photographs, films, motion pictures, slides, tapes, video cassettes, records or any other forms of visual or audio representation twenty-five percent (25%) of which, by number, are characterized by an emphasis upon the depiction or description of specified sexual activitie~ or specified anatomical areas. E. "Adult motion picture theater" means any business with the capacity of fifty (50) or more persons where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproduction~ are shown and in which mater~al whose dominant or predominant character and theme is the depiction of specified sexual activities or specified anatomical areas for observation is ShowD on any ten or more days in any thirty consecutive day period. F. "Adult mini-motion 1picture theater" means any business 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. G. "Adult motion picture 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 five (5) or fewer persons per machine, at any one time, and where the dominant or predominant character or theme of the images so displayed is depiction of specified sexual activities or specified anatomical areas. 17.69.030 Restricted to commercial and manufacturing zones. Notwithstanding any provision to the contrary in this title, no adult entertainment business 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. 17.69.040 Separation and distance reguirements. A. No adult entertainment business shall be established, expanded or conducted within one thousand (1,000) feet of any other adult entertainment business. R. The distance between any two adult entertainment businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. 17.69.050 Nonconforming adult entertainment businesses - Discontinuance required. A. Subject to the provisions of subsection C. of this Section, within eighteen months after the effective date of the ordinance first enacting this chapter, each adult entertainment business 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 business may continue operations for up to an additional eighteen months upon the granting by the Planning Director of a permit therefor. The Planning Director's decision on any application for such a permit shall be made within thirty days of filing of each com]olete application therefor, and should the applicant file an appeal in writing from such decision with the City Clerk within ten days of the date the Planning Director's decision is mailed to the applicant, the city council shall bear and decide such appeal within forty-five days of the date the appeal is presented to the City Clerk. Such a permit shall be granted for a period of time u[? to eighteen months if the applicant for such permit presents clear and convincing evidence that the operator of the business is obligated by written lease on the premises for such additional period (provided such lease was executed on or before thirty days prior to the effective date of the ordinance first enacting this chapter) or that such additional period is necessary, as the result of an as yet unamortized investment in the leasehold or improvements thereon, to prevent financial hardship to the operator. B. No adult entertainment business shall be required to discontinue operations or relocate as a result of another adult entertainment establishment being established within one thousand (1,000) feet of the first such establishment in violation of Section 17.69.040 A. C. As between any two adult entertainment businesses within one thousand (1,000) feet of each other, measured as p~ovided in subsection B. of Section 17.69.040, that adult entertain- ment business on property on which an adult entertainment business has continuously existed for a lesser period of time shall cease operations or be brought into conformance with the provisions of this chapter as prescribed in subsection A. of this Section. (A break in continuous operations of less than six months shall not affect seniority.) The other may continue oDerations at such location if no older adult entertainment business exists on property within one thousand (1,000) feet. ~n determi]~ing seniority as between any adult entertainment businesses within one thousand (1,000) feet of each other, the Planning Director shall request each such business to submit documentation bearing on his decision and may, at his discretion, hold a hearing thereon, provided each such business has been given not less than five (5) days' advance notice of s~]ch hearing. The Planning Director's decision on the issue of seniority shall be final. 17.69.060 Exterior display. No adult entertainment business shall be conducted in any manner that permits the observation of any material[ depicting, describing, or relating to specified sexual activities or specified anatomical areas from any public way or from any location outside the building or area of such business. This provision shall apply to any display, decoration, sign, show window, or other opening. 17.69.070 Regulations nonexclusive. The regulations set forth in this chapter are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of adult entertainment businesses set forth else- where in this code. SECTION 2. If any provision or clat~se of this Chapter 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 imple- mented without the invalid provision, clause or application, and to this end the provisions to be severable. and clauses SECTION of this Chapter are declared This Emergency Ordinance preservation of the public health, peace, property and shall become effective immediately upon its passage. is necessary for the immediate safety and .......... o0o .......... I HEREBY CERTIFY that the foregoing Emergency Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 13th day of February , 1985, by the following vote: CL~RK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this MAYOR of 13th day of February , the City <Sf Bakersfield 1985 APPROVED as to form: ' ~ of Bakersfield AJS/bl 7. Affihavt! of j osltng ( r tuanres 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 February 15, , 19 85 , 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 February 13, , 19 85 , which ordinance was numbered 2961 New Series, and entitled: AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING CHAPTER 17.69 OF THE BAKERSFIELD MUNICIPAL CODE REGARDING ADULT ENTERTAINMENT BUSINESSES. City Clerk Subscribed and sworn to before me this 15~h..>jjlay of F.~'or~a:?y ...... 19 85