HomeMy WebLinkAboutORD NO 2877ORDINANCE NO. 28~ NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING SECTION 17.22.020 B.
AND ADDING CHAPTER 17.69 TO THE BAKERSFIELD
MUNICIPAL CODE RELATIVE TO ADULT ENTERTAINMENT
ESTABLISHMENTS.
WHEREAS, at a hearing on the adult entertainment zoning
ordinance, set forth below, held by and before the Council of the
City of Bakersfield on September 14, 1983, pursuant to published
notice thereof, the Council heard testimony from the C~ty's
Economic Development Coordinator which established, and this
Council hereby finds, the following:
(a) Sociologists and urban planners have
determined that any concentration of adult entertain-
ment establishments, as defined hereinbelow, leads to
deterioration of surrounding neighborhoods;
(b) A review of property values, investments
in upgrading and rehabilitation, returns on invest-
ments, vacancy rates, rental rates, and types of uses
in the area in the City in which adult entertainment
establishments are concentrated has established the
comparative blight of that area and the threat of
deterioration infecting surrounding neighborhoods;
(c) Dispersal of such establishments is the most
appropriate means for preventing deterioration of
surrounding neighborhoods; and~
(d) The criteria of proposed Chapter 17.69 limit-
ing the locations of adult entertainment establishments
are such as to allow all existing adult entertainment
establishments to relocate within the City
and first reading having been given such ordinance at the close
of such hearing.
NOW, THEREFORE, BE IT ORDAINED by the Council of the
City of Bakersfield as follows:
SECTION 1.
Section 17.22.020 B. of the Bakersfield Municipal Code
is hereby amended by adding thereto subsection 32 to read as
follows:
17.22.020
B. 32.
Uses Permitted.
Adult entertainment establishments as defined in
Section 17.69.020 and subject. to the regulations of Chapter
17.69.
SECTION 2.
Chapter 17.69 is hereby added to Title 17
field Municipal Code to read as follows:
of the Bakers-
Sections:
17.69.010
17.69.020
17.69.030
17.69.040
17.69.050
17.69.060
17.69.070
17.69.080
Chapter 17.69
ADULT ENTERTAINMENT ESTABLISHMENTS
Purpose.
Definitions.
Restricted to commercial zones.
Separation and distance requirements.
Non-conforming adult entertainment establishments
Discontinuance required within one (1) year.
Exterior display.
Conditional use permit required for new
establishment.
Regulations non-exclusive.
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 operational characteristics which have a
deleterious effect upon adjacent residential and commercial areas
particularly when located in immediate proximity to one another.
The concentration o~ such uses substantially contributes to blight-
ing and downgrading ad3acent residential and commercial areas.
Special regulation of these businesses is necessary to preserve
the integrity o~ 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 prevent the concentration
or clustering of these businesses in any one area and the location
of such businesses in proximity to sensitive other uses.
17.69.020 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 establishment" means any
adult bookstore, adult motion picture theater, adult mini-motion
picture theater, adult motion picture arcade, adult cabaret,
adult theater, adult model studio, body painting studio and any
other business involving "specified sexual activities" or display
of "specified anatomical areas."
B. "Specified anatomical areas" means and includes
any of the ~ollowing:
(a) less than complete and opaquely covered human
genitals, pubic region, buttocks, anus, or female breasts below a
point above the top of the areola; or
(b) human male genitals in a discernibly turgid
state, even if completely or opaquely covered.
C. "Specified sexual activities" means and include
any of the following:
(a) the fondling or touching of human genitals,
pubic regions, buttocks, anus, or female breasts; or
(b) sex acts, normal or perverted, actual or
simulated, including intercourse, oral copulation, or sodomy;
(c) masturbation, actual or simulated; or
or
(d) excretory functions as part of, or in connection
the activities set forth in "a" through "c" above.
"Adult bookstore" means any establishment selling
with, any of
D.
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
twentyfive percent (25%) of which, by number, are characterized
by an emphasis upon the depiction or description of "specified
sexual activities" or "specified anatomical areas".
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 twenty-five percent (25%) or more of the total presentation
time is devoted to the showing of material whose dominant or
predominant character and theme is the depiction of "specified
sexual activities" or "specified anatomical areas" for observation
by patrons.
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, in which twenty-five
percent (25%) or more of the total presentation time is devoted
to the showing of material whose dominant or predominant character
and theme is the depiction of "specified sexual activities" or
"specified anatomical areas" for observation by patrons.
G. "Adult motion picture arcade" means any place to
which the public is permitted or invited 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."
H. "Adult cabaret" means any nightclub, bar, restaurant,
or similar establishment which, as a preponderance of the
entertainment presented, features:
(a) live performances which are distinguished or
characterized by an emphasis on "specified sexual activities"
or "specified anatomical areas"; and/or
(b) films, motion pictures, video cassettes, or
slides or other photographic reproductions whose dominant or
predominant character and theme is the depiction of "specified
sexual activities" or "specified anatomical areas" for the
observation by patrons.
I. "Adult theater" means any theater, concert hall,
auditorium, or similar establishment, either indoor or outdoor
in nature, which for any form of consideration and as a preponderance
of the entertainment presented, features live performances
whose dominant or predominant character and theme is emphasis
on "specified sexual activities" or exposure of "sDecified
anatomical areas" for observation by patrons.
J. "Adult model studio" means any establishment open
to the public where for any form of consideration or gratuity,
human models who display "specified anatomical areas" are provided
to be observed, sketched, drawn, painted, sculpted, photographed,
or otherwise depicted by persons other than the proprietor paying
such consideration or gratuity. This provision shall not apply
to any school of art, a firm which is operated by an individual,
firm, association, partnership, corporation or institution which
meets the requirements established in the Education Code of the
State of California for the issuance or conferring of a diploma.
K. "Body painting studio" means any establishment or
business which provides the service of applying paint or any
other substance, whether transparent or not, to or on 'the human
body when such body is wholly or partially nude in terms of
"specified anatomical areas".
L. "Church" means any institution which people regularly
attend to participate in or hold religious services, meetings and
other activities. The term "church" shall not carry a secular
connotation and shall include buildings in which the religious
services of any denomination are held.
M. "Public library" means any publicly owned building
open to the public and given over to the collection of books,
manuscripts, and other reference, artistic, or musical materials,
kept in convenient order for public use but not for sale.
N. "Public park" means an area publicly owned and
dedicated as a park, whether developed or not.
O. "Residentially zoned property" means property in
an R-l, R-S, R-S-1A, R-S-2.5A, R-S-5A, R-S-10A, R-2, R-3, R-4,
RH, or P.U.D. zone.
P. "School" means any institution of learning whether
public or private, which offers instruction in those courses of
study required by the California Education Code or which is main-
tained pursuant to standards set by the State Board of Education,
including any nursery school, kindergarten, elementary school,
junior high school, senior high school, community or junior
college, or any special institution of learning under the jurisdiction
6 o
of the State Department of Education, but it does not include any
vocational or professional institution, four-year college or
university.
Q. "Youth and family activity center" means any
facility used primarily for youth or family oriented physical or
social activities and operated by an incorporated non-profit
organization.
17.69.030 Restricted to commercial zones.
Notwithstanding any provision to the contrary in this title,
no adult entertainment establishment shall be establislhed, expanded
or conducted except in a C-2, C-3 or P.C.D. zone and then shall
conform to the regulations contained in this Chapter.
17.69.040 Separation and distance requirements.
A. No adult entertainment establishment shall be
established, expanded or conducted within 500 feet of .any church,
any school, any public library or public park, or any youth and
family activity center, or within 1000 feet of any residentially
zoned property or of any other adult entertainment establishment.
B. The distance between any two (2) adult entertainment
businesses shall be measured in a straight line, without regard
to intervening structures, from the closest exterior structural
wall of each business. The distance between any adult entertainment
business and a church, school, public park or other designated
institution, or residentially zoned property shall be measured in
a straight line without regard to intervening structures from the
closest exterior structural wall of the adult entertai~nment
business to the closest property line of the church, school,
public park or residentially zoned property.
17.69.050 Non-conforming adult entertainment establishments -
Discontinuance required within one (1) year.
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. 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 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-2, C-3 or P.C.Do as of or after the effective date of the
ordinance enacting this Chapter whose property is subsequently
rezoned to other than a C-2, C-3 or P.C.D. 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-2, C-3, or P.C.D. and which is not within 1000 feet of
any residentially zoned property or 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.
17.69.060 Exterior display.
No adult entertainment establishment 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 establishment.
This provision shall apply to any display, decoration, sign, show
window, or other opening.
17.69.070 Conditional use permit required for new establishment.
A. NO adult entertainment establishment shall be
opened estaDlished or relocated except upon the granting of a
conditional use permit therefor in accordance with Chapter 17.64
of this Title.
B. Any adult entertainment establishment operating and
holding a current City business license as of the effective date
of the ordinance enacting this Chapter shall be exempt from the
provisions of subsection A. of this section tor purposes of
relocation to comply with the requirements of Sections 17.69.030
or 17.69.040A. Such exemption shall expire one (1) year from the
effective date of ordinance enacting this Chapter.
17.69.080 Regulations non-exclusive.
The regulations set forth in this Chapter are not intended
to be exclusive and compliance therewith shall not excuse non-
compliance with any other regulations pertaining to the operation
of adult entertainment establishments set forth elsewhere in this
Code.
SECTION
If any provision or clause 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 implemented without the
invalid provision, clause or application, and to this end the
provisions and clauses of this Chapter are declared to be severable.
SECTION 4.
The City Council has considered the initial study with
respect to the matter above described. The City Council has, as
a result of its consideration and material presented at the hear-
ings on said matter, determined that the negative declaration
proposed and posted as a result of said initial study is appropriate
and hereby ~inds that said negative declaration has been prepared
and considered in accordance with the requirements of the California
Environmental Quality Act and does hereby approve said negative
declaration.
SECTION 5.
This ordinance shall be posted in accordance with the
City Charter provisions and shall become effective thirty (30)
days from and after the date o~ its passage.
.......... o0o ..........
10.
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 2~th day o~ September , 1983, by
the following vote:
A'J'[S= COUNCiLMIeN: BARTOF,I, C~RJSTENSEN, MEANS, PAYNE, RA'I"I'Y, ROCKOIl:
CZT¥ CLB~K~and ~.:~Of:l:'i¢io CZe~'~P, o[ the
Council of the City of Bakersfiela
APPROVEF~,this 28'5h day of September 1983
-c:~...-'c...~.~ /.... x ':'/
~-~.Of//the City of BakerSfield
APPROVED as to form:
CItY ATTO~EY of t~City of Bakersfield
AJS/mro/bl /kda
6/21/83
9/22/83
11.
Aff av of os ng r naa es
STATE OF CALIFORNIA, t
County of Kern ss.
PHILIP KELMAR, being duly sworn, deposes and says:
That he is the duly aplminted, acting and qualified City Clerk of the City of Bakersfield; and
that o~ ......................0_..q.~_~.~..~..V__.....~ ................................................................., 19....~. he 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 ..................~.~..~..~...m...~..~...r..._..~.~. ................................., 19..~_., which ordinance
was numbere~.....f~..~.~. .............................New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING SECTION 17.22.020 B.
AND ADDING CHAPTER 17.69 TO THE BAKERSFIELD
MUNICIPAL CODE RELATIV~ TO ADULT ENTERTAINMENT
ESTABLISHMENTS.
C~/ty Clerk
Subscribed and sworn to before me this
5th day of October ,19 8~.