HomeMy WebLinkAbout71-10 - Zone Exception Permit Required for Sale of Material Forbidden to Minors1
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ORDINANCE NO. 71-/O
AN ORDINANCE OF THE CITY OF COSTA MESA CREATING
A REQUIREMENT FOR A ZONE EXCEPTION PERMIT FOR
ANY BUSINESS ESTABLISHMENT IN WHICH ALL OR ANY
PORTION OF SAID BUSINESS PREMISES IS DEVOTED TO
THE SALE OR DISPLAY OF COMMUNICATION, VISUAL OR
OTHER SIMILAR MATERIALS FORBIDDEN TO BE ADVER-
TISED, SOLD OR DISTRIBUTED TO MINORS UNDER THE
AGE OF TWENTY-ONE (21) YEARS.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
ORDAIN AS FOLWWS;
SECTION 1. The City Council of the City of Costa Mae&
does hereby find and declare that recent cases of the Supreme
Court of the United States and of the Supreme Court of the State
of California have held that certain literature, books, magazines,
newspapers and other printed or written material, pictures, draw-
ings or photographs may be forbidden to be sold to persons under
twenty-one (21) years.
The City Council further finds and declares that the
establishment of places of business for the sale of said materi
must be regulated to insure that such material is not sold to
persons under twenty-one (21) years.
City Council further finds and declares that the
establishment of special zone exception permit requirements is
the most reasonable manner to regulate the establishment and
operation of vendors of these materials, for the health, safety
and welfare of the community.
SECTION 2. Accordingly, the City Council does hereby
enact Section 9298.19 of Article 2, Division XVII, of the Costa
Mesa Municipal Code, which is hereby amended to read a■ follows;
'A zone Exception permit shall be required for any
business establishment in which all, or any portion, of
said business premises is devoted to the sale or display
of any book, magazine, newspaper, or other printed or
written material or any picture, drawing, photograph,
motion picture or other pictorial or mechanical, chemical
or electrical reproduction, or any other articles, equip-
ment, machines, or materials, which aforementioned
enumerated materials, by any means or in any manner, are
either;
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1) In fact forbidden to be sold or otherwise dis-
tributed to minors under the age of twenty-one
(21) years, or
2) Advertised as being forbidden to be sold or
otherwise distributed to minors under the ays
of twenty-one (21) Years.'
SECTION 3. This ordinance shall take effect and be in full
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force thirty (30) days from and after its passage and shall, prior
to the expiration of fifteen (15) days from its passage, be
published once in the Orange Coast Daily pilot, a newspaper of
general circulation, printed and published in the City of Costs
I
Mesa, together with the names of the members of the City Council
voting for and against the same.
PASSED AND ADOPTED this /9,d, day ofe.._ 1971.
ATTESTS
i YCL rk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
CITY OF COSTA MESA
Mayor
I, EILEEN PRIM". City Clark of the City of Costa Mesa and
ex --officio Clerk of the City Council of the City of Costa Mesa,
her►by certify that the above and foregoing Ordinance No.- /0
was introduced and considered section by section at a regular
meeting of said City Council on theday of %Y1�w
1971, and thereafter passed and adopts as a wha a 54V=r-egular
meeting of said City Council bold on the _/7Z4 day of __ 7ha. _ ,
1971, by the following roll call votes
AYES:
NOES s
ABSENTS %ie�
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the Seal of the City of Costa Masa this -/ZrA day of
1971. -'
C y_ n x off
the City Council of the City of
Costa Mesa.
_2.
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS.
CITY OF COSTA MESA)
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years, and
not a party to or interested in the below entitled matter. I
am a principal clerk of the ORANGE. COAST DAILY PILOT,
a newspaper of general circulation, printed and published
in the City of Costa Mesa, County of Orange, State of Cal.
ifornia, and I certify that City Ordinance
#71-10 (City of Costa Mesa)
of which the copy attached hereto is a true and complete
copy, was printed and published in the regular issue(s) of
said newspaper on May 21, 1071
I declare, under penalty of perjury, that the foregoing
is true and correct.
Executed an May 21 197__T
at Costa Mesa, California.
(SignoNra)
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS.
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk of the City of Costa Mesa and ex -officio Clerk of the City Council
of the City of Costa Mesa, hereby certify that Ordinance No. 71-10 was introduced and con-
sidered, section by section, at a regular meeting of the City Council of the City of Costa Mesa, held on the
3rd day of May , 197-1, and thereafter passed and adopted as a whole
at a regular meeting of said City Council held on the 17th day of May 1971,
by the following roll -call vote:
AYES: COUNCILMEN -Wilson, Jordan, Pinkley, St. Clair, Hammett
NOES: COUNCILMEN- None
ABSENT: COUNCILMEN -
I FURTHER CERTIFY that said Ordinance No. 71-1n was published in the ORANGE COAST
DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, on the
21st day of May 1971.
64�
City Clerk and ex -officio Clerk of the Cl Council
of the City of Costa Mesa