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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 --