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Home My WebLink AboutOrdinance #2522 ORDINANCE NO. 2522 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 9430.8, 9454 , AND 9472.2 ; AND BY ADDING NEW ARTICLE 975 RELATING TO ZONING OF ADULT ENTERTAINMENT BUSINESSES The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Ordinance Code is hereby amended by amending sections 9430.8, 9454 , and 9472 .2 to read as follows : 9430.8. USES SUBJECT TO CONDITIONAL USE PERMIT. The fol- lowing uses may be permitted subject to the issuance of a con- ditional use permit : ( a) Unclassified uses as set forth in Article 933• (b) Convenience markets combined with gasoline stations . ( c) Adult entertainment, as defined in Article 975 , and subject to the regulations contained in such article. 9454. USES SUBJECT TO CONDITIONAL USE PERMIT. The fol- lowing uses may be permitted subject to issuance of a condi- tional use permit: (a) Unclassified uses pursuant to provisions of Article 933• (b) Adult entertainment, as defined in Article 975, and subject to the regulations contained in such article. 9472.2 . USES SUBJECT TO CONDITIONAL USE PERMIT. The fol- lowing uses may be permitted subject to the issuance of a condi- tional use permit : (a) Unclassified uses as set forth in Article 933• (b) Convenience markets combined with gasoline stations sub- ject to the provisions contained in the C2, "Community Business District." AJF:ahb 10/22/81 (5) 1. ( c) Adult entertainment, as defined in Article 975, and subject to the regulations contained in such article. SECTION 2. The Huntington Beach Ordinance Code is hereby amended by adding thereto new Article 975 entitled, "Adult Entertainment Businesses," to read as follows : 9750. PURPOSE. The City Council finds that adult enter- tainment businesses, because of their very nature, have objec- tionable operational characteristics , particularly when several of them are concentrated, which may have a deleterious effect on adjacent areas. Special regulation of these businesses is nec- essary to insure that such adverse effects do not blight or down- grade surrounding neighborhoods , and the primary purpose of regu- lation is to prevent concentration or clustering of these busi- nesses in any one area. 9751. DEFINITIONS. For the purpose of this article, the term "adult entertainment businesses" is hereby defined to include the following described uses : ( a) "Adult business" - either (1 ) any business which is conducted 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 specified in this article where employees or patrons expose specified anatomi- cal areas or engage in specified sexual activities; 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. (b) "Baths, sauna baths, massage establishments" - any busi- ness or establishment as defined in section 5.24.010(b) of the Huntington Beach Municipal Code. ( c) "Escort bureau; introduction services" - any business or establishment as defined in section 5.70.010( 1) of the Huntington Beach Municipal Code. (d) "Figure model studio" - any business or establishment as defined in Huntington Beach Municipal Code section 5. 60.010(a) . (e) "Specified sexual activities" shall include any of the following: (1) Actual or simulated sexual intercourse, oral copu- lation, anal intercourse, oral anal copulation, bestiality, 2. direct physical stimulation of unclothed genitals, flagel- lation 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 sexually-oriented acts or conduct: analingus , buggery, coprophagy, coprophilia, cunnilingus , fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, 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 sexually-oriented contact with an animal by a human being; or (7) Human excretion, urination, menstruation, vaginal or anal irrigation. (f) "Specified anatomical areas" shall include any of the following: ( 1) Less than completely and opaquely covered human genitals or pubic region; buttock; or female breast below a point immediately above the top of the areola; or (2) Human male genitalia in a discernibly turgid state, even if completely and opaquely covered. 9752. CONDITIONAL USE PERMIT REQUIRED. Notwithstanding any other provision of this code or the Huntington Beach Municipal Code, no person shall establish, conduct, operate, or maintain any adult entertainment business , as defined in sec- tion 9751 of this article on any property in the city of Huntington Beach without having first obtained a conditional use permit therefor, pursuant to provisions contained in Article 984 of this code. 9753• LIMITATION ON LOCATION. Notwithstanding any other provisions of this code or the Huntington Beach Municipal Code, no conditional use permit shall be granted by the City of Huntington Beach for any such adult entertainment business if the premises upon which such business is proposed to be located 3. is . (a) Within 200 feet of any lot zoned for residential use; or (b) Within 500 feet of any lot upon which there is lo- cated a church or educational institution utilized by minors; or ( c) Within 1000 feet of any lot upon which there is lo- cated any other adult entertainment business as defined in sec- tion 9751 of this article. For the purposes of this section, all distances shall be measured in a straight line without regard to intervening struc- tures or objects , from the nearest point of the building or structure used as a part of the premises where said adult enter- tainment business is conducted to the nearest property line of any lot or premises zoned for residential use , or to the nearest property line of any lot or premises of a church or educational institution utilized by minors , or to the nearest point of any building or structure used as a part of the premises of any other adult entertainment business . 9754• NONCONFORMING ADULT ENTERTAINMENT BUSINESSES. All adult entertainment businesses, as defined in section 9751 of this article, which were lawfully in existence on the effective date of this article and which were rendered nonconforming thereby shall be discontinued or be brought into full compliance with the provisions of this article within three (3) years from the effective date of this article. . VIOLATION AND PENALTY. r 9755 (a) Every person, whether acting as an individual owner, employee of the owner, operator or employee of the operator, or whether acting as a mere helper for the owner, employer or operator, or whether acting as a participant or worker who in any way operates , manages or con- ducts any adult entertainment business as defined in section 9751 without first obtaining a conditional use permit from this city or who violates any provision of this article, shall be guilty of a misdemeanor. Any person violating any of the provisions of this article shall be fined not less than one hundred dollars ( $100) for each offense , and each day, or portion thereof, such violation continues shall be regarded as a separate offense. (b) Any establishment operated, conducted or maintained contrary to the provisions of this article is unlawful and a public nuisance, and the City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law 4. Ir __ and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant relief as will abate or remove such establishment or activities defined in section 9751 and restrain and enjoin any person from operating, conducting or maintaining such an establishment contrary to the provisions of this article. SECTION 3. SEVERABILITY. The City Council of the City of Huntington Beach hereby declares that should any section, para- graph, sentence or word of this ordinance, hereby adopted, for any reason be declared invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination heref rom of any such portion as may be declared invalid. SECTION 4. This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of November 1981. Mayor ATTEST : APPROVED AS TO FORM: if City Clerk City Attorney REVIEWED AND APPROVED :._ INITIATED AND APPROVED: City Administratoe Director of Developmen Services 5• Ord. No. 2522 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of member$ of the City Council of the City of Huntington Beach is seven that the foregoing ordinance was read to said City Council at a regular adjourned meeting thereof held on the 26th day of October 19 81 , and was again read to said City Council at a regular meeting thereof held on the 2nd day of November , 19 81 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: MacAllister, Pattinson, Finley, Bailey, Mandic, Kelly NOES: Councilmen: None ABSENT: Councilmen: Thomas • arc%! City Clerk and ex-officio Clerk. of the City Council of the City of Huntington Beach, California 1, Alicia M. Wentworth CITY CLERK of the City of Hunting:-an Beach and ex•offkio Clerk of the City Counei?. do hereby certify that a synopsis of this ordinance has been PuLtisl.ed in the Huntington Beach ineepe:dent �n L 19 / ............ ......... In actor-'ante:with the City Chards ail C , of said City Clerk rr- .....::...:.-....:.......:.........:...........:... -. oefwt,�city