HomeMy WebLinkAboutOrdinance #2465 ORDINANCE NO. 2465
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
HUNTINGTON BEACH PROHIBITING THE ISSUANCE
OF LICENSES AND PERMITS FOR NEW BUSINESSES
PROVIDING ADULT ENTERTAINMENT IN THE CITY
WHEREAS, the City Council of the City of Huntington Beach
is presently considering reasonable regulations and requirements
governing massage establishments; and
The. Council desires to study appropriate zoning regulations
and standards in conjunction with other criteria for all types of
adult entertainment; and
Pursuant to California Government Code section 658582, the
City Council may adopt an interim ordinance for a period of four
(4) months in order to prohibit any use which may conflict with
contemplated zoning proposals; and y`
It is the desire of this Council to consider the proper lo-
cation of new businesses providing adult entertainment within the
city in order to protect the public safety, health and welfare,
NOW, THEREFORE, the City Council of the City of Huntington
Beach does ordain as follows:
SECTION 1. For the purposes of this ordinance, the term
"adult entertainment business" is hereby defined to include the
following described uses:
(a) "Adult book store" shall mean an establishment having
as a substantial or significant portion of its stock-in-trade,
books, magazines or other periodicals which are distinguished or
characterized by their emphasis on matter depicting, describing
or relating to specified sexual activities or specified ana-
tomical areas or an establishment with a segment or section de-
voted to the sale or display of such material.
(b) "Adult business" shall mean (1) any business which is
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c onducted exclusively for the patronage of adults, and as to
which minors are specifically excluded from patronage thereat,
either by law or by the operators of such business except any
business licensed by the state Department of Alcoholic Beverage
Control; or (2) any business, other than those expressly speci-
fied in this ordinance, where employees or patrons expose speci-
fied anatomical areas or engage in specified sexual activities ;
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or (3) any other business or establishment which offers its
patrons services or entertainment characterized by an emphasis
on matter depicting, exposing, describing, discussing or relating
to specified sexual activities or specified anatomical areas; or
( 4) any dance studio, photographic or modeling studio, or social
club, other than those where clientele is composed solely of per-
sons under eighteen ( 18) years of age.
( c) "Adult motion picture theater" shall mean an enclosed
building with a capacity of fifty or more persons used for pre-
senting material distinguished or characterized by an emphasis
on matter depicting, describing or relating to specified sexual
activities or specified anatomical areas for observation by pa-
trons therein.
(d) "Adult mini-motion picture theater" shall mean an en-
closed building with a capacity for less than fifty persons used
for presenting material distinguished or characterized by an em-
phasis on matter depicting or relating to specified sexual acti-
vities or specified anatomical areas for observation by patrons
therein.
(e) "Adult hotel or motel" shall mean a hotel or motel
wherein material is presented which is distinguished or charac-
terized by an emphasis on matter depicting, describing or re-
lating to specified sexual activities or specified anatomical
areas.
(f) "Adult motion picture arcade" shall mean any place to
which the public is permitted or invited wherein coin or slug-
operated or electronically, electrically or mechanically con-
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trolled still or motion picture machines, projectors or other
image-producing devices are maintained to show images to five
or fewer persons per machine at any one time, and where the
images so displayed are distinguished or characterized by an em-
phasis on depicting or describing specified sexual activities
or specified anatomical areas.
(g) "Baths, sauna baths, massage establishments" shall
mean any business or establishment, as defined in section
5 .24.010(b) of the Huntington Beach Municipal Code.
(h) "Cabaret" shall mean a nightclub, theater or other
establishment which features live performances by topless
and/or bottomless dancers, go-go dancers, exotic dancers , strip-
pers, or similar entertainers, where such performances are dis-
tinguished or characterized by an emphasis on specified sexual
activities or specified anatomical areas.
(i) "Encounter center" or "rap studio" shall mean any
business, agency or person who, for any form of consideration
or gratuity, provides a place where two or more persons may con-
gregate, assemble or associate for the primary purpose of engaging
in, describing or discussing specified sexual activities or ex-
posing specified anatomical areas .
( j) "Escort bureau, introduction services" shall mean any
business, agency or person who, for a fee, commission, hire, re-
ward or profit, furnishes or offers to furnish names of persons ,
or who introduces, furnishes or arranges for persons who may ac-
company other persons to or about social affairs , entertainments
or places of amusement, or who may consort with others about any
place of public resort or within any private quarters for the
primary purpose of engaging in, describing or discussing specified
sexual activities or exposing specified anatomical areas .
(k) "Figure model studio" shall mean any business or es-
tablishment as defined in section 5. 60.010(a) of the Huntington
Beach Municipal Code.
3.
(1) For the purposes of this ordinance, the term "speci-
fied sexual activities" shall include any of the following:
( 1) Actual or simulated sexual intercourse, oral
copulation, anal intercourse, oral anal copulation, bestiality,
direct physical stimulation of unclothed genitals, flagellation
or torture in the context of a sexual relationship, or the use
of excretory functions in the context of a sexual relationship,
and any of the following depicted sexually oriented acts or
conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus ,
fellatio, negrophilia, pederasty, pedophilia, piquerism, sap-
phism, zooerasty; or
(2) Clearly depicted human genitals in a state of
sexual stimulation, arousal or tumescence; or
( 3) Use of human or animal ejaculation, sodomy, oral
copulation, coitus, or masturbation; or
(4) Fondling or touching of nude human genitals ,
pubic region, buttocks or female breast; or
(5) Masochism, erotic or sexually-oriented torture,
beating or the infliction of pain; or
( 6) Erotic or lewd touching, fondling or other sex-
ually-oriented contact with an animal by a human being; or
(7) Human excretion, urination, menstruation, vaginal
or anal and irrigation.
(m) For purposes of this chapter, the term "specified ana-
tomical areas" shall include any of the following:
(1) Less than completely and opaquely covered (a) hu-
man genitals or pubic region; (b) buttock or (c) female breast
below a point immediately above the top of the areola; or
(2) Human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
SECTION 2. Pursuant to California Government Code section
65858, a moratorium is hereby placed on the acceptance and pro-
cessing of applications for business licenses and permits for
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new businesses providing adult entertainment.
SECTION 3. The Council finds that in order to protect the
public safety, health and welfare, a moratorium of four (4) months
is necessary to allow the staff of the Department of Development
Services and the Planning Commission to formulate and consider ap-
propriate zoning regulations and standards for the location of
future businesses providing adult entertainment.
SECTION 4. Any provision of the Huntington Beach Municipal
Code and the Huntington Beach Ordinance Code inconsistent herewith,
to the extent of such inconsistency and no further, is hereby
suspended during the period of this moratorium.
SECTION 5. This ordinance is hereby declared to be an
urgency ordinance for the immediate preservation of the public
safety, health and welfare for the reasons set forth hereinbefore,
and shall be in full force and effect upon adoption. The City
Clerk shall certify to the passage of this ordinance and shall
cause same to be published within fifteen days of its adoption
in the Huntington Beach Independent, a newspaper of general cir-
culation.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 3rd
day of November 1980.
0
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
INITIATED AND APPROVED:
Acting City Odministrator
5.
Emergency Ord. No. 2465
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF HUNTINGTON BEACH )
_I, ALICIA M. WENTWORTH, the duly elected,. qualified and acting
City Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the foregoing
ordinance was read to the City Council of the City of Huntington Beach
at a regular meeting thereof held on the 3rd day of November
19 80 , and was passed and adopted by at least four-fifths (4/5)
affirmative votes of said City Council.
AYES: Councilmen:
Pattinson , Thomas , Finley, Bailey, MacAllister, Mandic, Kelly
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
t, Aiicia 1_ Wentworth CITY CLER#( of the Clty of
Hint?
Cou::rr9*10n Beach and gx•off,tio Clark of the City
eby certify that a syho)eis of this
j�yrt;.t f.«C' flaS txw put,lished in the Huntington
to&;T.Meta ce+ A 0,0 C,ty Ghdrtoi of said City.
JW
City Clerk
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