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Home My WebLink About81-03 Prohibit the Processing of Applications for "Adult Uses"ORDINANCE NO. 81- 3 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING THE PROCESSING OF APPLICATIONS FOR "ADULT USES" WITHIN THE CITY OF COSTA MESA ADOPTED AS AN URGENCY ORDINANCE AND SETTING FORTH THE REASONS THEREFOR. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTIM 1: 1. That "adult uses", because of their very nature, are recognized as having objectionable operational characteristics, thereby having a deleterious effect upon the adjacent areas; 2. That "adult uses" have adverse impacts on adjoining areas such as: (a) the relocation of existing commercial/residential uses because of a fear on the part of the property owners that establishment of such a business is indication of a downgrading of that area; (b) a decrease in property values in adjoining areas because of the increase in crime, relocation of existing businesses and overall deterioration of the neighbor- hoods occasioned by such a use; (c) an increase in crime, especially sex-related offenses, in the immediate vicinity of such a use; (d) deterioration of the physical condition of structures near such a use because of the fear of property owners that establishment of such a business is a signal that the economy of the neighborhood is unstable and the consequent reluctance to invest in such properties; 3. That special locational regulation of these businesses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods; 4. That the health, safety, and general welfare of the community requires a suspension of the processing of any new applications for "adult uses" until a study can be made and such special locational regulations devised. ACCORDINGLY, the following urgency measure is adopted. SECTION 2: No applications shall be accepted or processed which seek approval for "adult uses" within the City of Costa Mesa until an Ordinance of the City of Costa Mesa is adopted and in effect which regulates the location and conditions of approval of such uses. The City's Staff is hereby directed not to accept or process such applications. 1. For purposes of this Ordinance "adult uses" are defined as follows: a. Adult Book Store. An establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals which are distinguised or characterized by an emphasis on matter depict- ing, describing or relating to "specified sexual activities" or "specified anatonical areas." b. Adult Motion Picture Theater. An enclosed building with a capacity of fifty or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" for obser- vation by patrons therein. c. Adult P1ini-Motion Picture Theater. An enclosed building with a capacity for less than fifty persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. d. Adult Hotel or Motel. A hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified ana- tomical areas." 50Z e. Adult Motion Picture Arcade. Any place to which the public is permitted or invited wherein coin or slug -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 or fewer persons per machine at any one time, and where the images so dis- played are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas." f. Cabaret. A nightclub, theater, dance studio, or other establishment which features live performances or classes by topless and/or bottomless dancers or dance instructors, "go-go" dancers, exotic dancers, strippers, or similar entertainers or instructors, where such performances or classes are distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatcmical areas." g. Massage Parlor. Any establishment licensed as a massage parlor pursuant to Section 9-91 of the Costa Mesa Municipal Code where for any form of consideration or gratuity, massage, alcohol rub, administration of fcmen- tations, electric or magnetic treatments, or any other treatment or manip- ulation of the human body occurs. h. Model Studio. Any business where for any form of consideration or gratuity, figure models who display "specified anatomical areas" are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity. i. Sexual Encounter Center. Any business, agency or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble, or associate for the purpose of engaging in "specified sexual activities" or exposing "specified anatcmical areas." -3- j. Any other business or establishement which offers its patrons services or entertainment distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas." 2. For purposes of this Ordinance, "specified sexual activities" shall include the following: a. 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 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, necro- philia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or b. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or c. Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or d. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or e. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or f. Erotic or lewd touching, fondling or other contact with an animal by a human being; or g. Human excretion, urination, menstruation, vaginal or anal irrigation. 3. For purposes of this Ordinance, "specified anatomical areas" shall include the following: -4- a. Less than completely and opaquely covered (1) human genitals, or pubic region; (2) buttock, and (3) female breast below a point immediately above the top of the areola; and b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. 4. For purposes of this Ordinance "distinguished or characterized by an emphasis" shall refer to the dominant or predominant character or theme of the material. 5. Fbr purposes of this Ordinance "used" shall mean "customarily, regularly, habitually, or employed a preponderance of the time." SECTIO] 3: The City Council finds and declares that the protection of the health, safety, and general welfare of the community requires that this Ordinance be adopted as an urgency measure, pursuant to Section 65858 of the California Government Code. This Ordinance is required as an urgency measure in order to allow the City's Staff to determine what additional regulations and conditions are required in order to protect the health, safety, and welfare of the citizens of this community. The City Staff is hereby directed to study the issues and prepare a draft Ordinance regulating adult uses for consideration by the Planning Commission and City Council. SECTION 4: This Ordinance shall take effect and be in full force and effect immediately after its passage; and before the expiration of fifteen (15) days after its passage, this Ordinance shall be published once in the Orange Coast Daily Pilot, a news- paper of general circulation, printed and published in the City of Costa Mesa, together with the names of the members of the City Council voting for and against same. This Ordinance shall cease to be effective pursuant to Section 65858 of the California Government Code or upon the effective date of an Ordinance of the City of Costa Mesa regulating adult uses, whichever occurs first. -5- PASSED AND ADOPTED this day of , 1981. ATTEST: ity Clerk of the City of Costa sa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF COSTA MESA ) Mayor of the City oFto sa APPROVED AS TO FORM City Attorney I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the Cit of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 81- was introduced and considered sec ion by section at a regular meeting of said City Council held on the &,Z�k day of , 1981, and thereafter passed and adopteA as a whole at a regular 6--eting of said Council held on the e�lj d- day of 1981, by the following roll call vote: AYES: OOUNCILMEMBERS: C,�� NOES: COUNCI LMEMBERS : ABSENT: COUNCIU1F.MBERS: Jq IN WITNESS WHEREOF, I haW hereby set my hand and affixed the Seal of the City of Costa Mesa this day of , 1981. C'ty Clerk and ex -officio Clerk of e City Council of the City of Cost sa Q -M