HomeMy WebLinkAbout03/09/1989 (3) VICE MAYOR REFERRAL
(PROPOSED ORDINANCES ONLY)
DATE OF REFERRAL: March 9, 1989
REFERRED TO: Urban Development Committee (Jack Hardisty)
ITEM:
(Proposed) An Ordinance of the Council of the City of Bakersfield
amending Subsections B. and C. of Section 5.06.010 and
Subsections E. and F. of Section 17.69.020 of the
Bakersfield Municipal Code relating to adult bookstores.
BACKUP MATERIAL ATTACHED: Yes
STATUS:
/ To Council Committee on ~//~//~?
~/ Committee Report sent to Council ~//,~//~?
p// Ordinance Adopted
(date)
Proposed Ordinance Canceled
(date)
Other
JP
REFER.9
cc: City Clerk
Mary Ellen Gonzales
Chief Patterson
MEMORANDUM
March 2, 1989
TO: Vice-Mayor Pat Smith
FROM: Arthur J. Saalfield, City Attorney /~~/
SUBJECT: Proposed Ordinances
On 12/14/88 the Council approved City Managers' Report No.
3(b)-88, providing that each proposed ordinance, other 'than an
ordinance re-zoning property or an emergency ordinance, be
referred by the Vice-Mayor to a committee to be chosen by the
Vice-Mayor prior to Council action.
Please refer the following proposed ordinances to whichever com-
mittee you deem appropriate:
1. Adult Bookstores U~L~ '~.~-
2. Encroachments U~ ~ ~C~
3. Uniform Fire Code ~~ ~/~ '
Thank you for your help.
AJS/meg
4 M.VMAYOR4
cc: J. Dale Hawley M. Strenn
C. Williams
D. Needham
E. Schulz
R. A. Patterson
Meeting Date:
Agenda Section:
New Business
Agenda Item:
TO: Honorable Mayor and Councilmembers Approved
FROM: City Att6rney's Office Department Head
DATE: March 1,11989 City Manager
SUBJECT: An Ordinance of the Council of the City of Bakersfield
amending Subsections B. and C. of Section 5.06.010 and
Subsecti6ns E. and F. of Section 17.69.020 of the
Bakersfield Municipal Code relating to adult bookstores.
RECOMMENDATION:
First Re~ding.
BACKGROUND:
The definitions of "harmful matter" and "matter" are
amended %o coincide with State law, which has been
amended in the past year. Rather than quoting the State
definitions,, our definitions will refer to the Penal Code,
as-this State law continuously undergoes change.
The definition of "adult motion picture theater" and
"adult mini-motion picture theater" are amended in response
to a recent court decision which held that a preponderance
of a theater's films must be "adult" films in order to
label th~ theater "adult."
LCM/meg
A AGEN 4
NB.5
DRAFT
ORDINANCE NO. NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING SUBSECTIONS B. AND C.
OF SECTION 5.06.010 AND SUBSECTIONS E. AND ~
F. OF SECTION 17.69.020 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO ADULT BOOKSTORES.
BE IT ORDAINED by the Council of the City of [{akt, rsfield
as follows:
SECTION 1.
Subsections B. and C. of Section 5.06.010 of t~le [{akers-
field Hunicipal Code are hereby amended to read as follow~:
5.06. 010 Definitions.
B. "Harmful matter" shall have the same meaning and the
same definition as that phrase defined in Chapter 7.6 o~J Title 9
of Part 1 of the California Penal Code.
C. "Matter" shall }]ave the same meaning and the :;ame
definition as that word is defined in Chapter 7.6 of Title 9 of
Part 1 of the California Penal Code.
SECTION 2.
Subsection E. and F. of Section 17.69.020 of th~ Bakers-
field Municipal Code are hereby amended to read as follows:
17.69. 020 Definitions.
E. "Adult motion picture theater" means any business with
capacity of fifty or more persons where, for any form o~ consider-
ation, ~Tiims, motion pictures, video cassettes, slides, o[~ similar
photographic reproductions are shown and a preponderance of wh.[ch
contains material whose dominant or predominant character~ and
theme i.s the depiction of specified sexual activities or specified
anatomical areas for observatioh.
F. "Adult mini-motion picture theater" means any business
~ith a capacity of more than five, but less than fifty persons
,,~here, ['or any form of consideration, ;films, motion pictures,
video cassettes, slides, or similar photographic reproductions ore
shown and a preponderance of which contains material whose dominant
or p~edominant character and theme is the depiction of ~pecified
sexual activities or specified anatomical areas for obsorvation.
SECTION 3.
This ordinance shall be posted in accordauce with the
City Charter provisions and shall become effective thirty (30)
days from and after the date of its passage.
- o0o
I HEREBY CERTIFY that the foregoing Ordinance w~s [~assed
and ados)ted by the Council of the City of Bakersfield at a regular
meeting thereof held on , by the
following vote:
CITY CLERK and Ex Officio Clerk of_ the
Council of the City of Bakersfield
APPROVED
CLARENCE E. MEDDERS
~,~AYOR of the City of Bakersfield
APPROVED as to form:
ARTHUR J. SAALFIELD
CITY ATTORNEY of the City of Bakersfield
LCM/meg
O ORD 4
ADULT.I
2/22/89
-- 2 --