The URL can be used to link to this page

Home My WebLink AboutCC ORD 1983-1699 MODIFY REGULATIONS AFFECTING THE LOCATION OF ADULT ENTERTAINMENT ESTABLISHMENT IN THE CITY OF NATIONAL CITYORI CNANCE NO. 1790 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING ORDINANCE NO. 1699 TO MODIFY THE REGULATIONS AFFECTING THE LOCATION OF ADULT ENTERTAINMENT ESTABLISHMENTS IN THE CITY OF NATIONAL CITY (A-9-82) BE IT ORDAINED by the City Council of the City of National City, California, that Section 3 of Ordinance No. 1699 and Chapter 18.69 of the National City Municipal Code are hereby amended and changed as follows: A. Section 18.69.020 is 'amended by adding new subsections W and X: W. "Video cassette sales and rentals -adult" is the same as "Adult bookstore". X. "Video Games - adult" are coin operated electronic game machines having visual displays and animation that depict in any manner, any sort of activity characterized by exposure of "specified anatomical areas" or "specified sexual activities". B. Section 18.69.030 is hereby amended to read as follows: No person shall cause or permit the establish- ment, substantial enlargement or transferof owner- ship or control, except pursuant to 18.69.060, of any of the following establishments if such estab- lishment is within fifteen. hundred feet of another adult entertainment business or within fifteen hundred feet of another adult entertainment business or within fifteen hundred feet of any public school or public park within the City of National City or within 1000 feet of any residential zoned property in the city, measured along street frontages. An establishment listed in this section shall not be permitted to be established, enlarged or transferred unless the provisions of the zone in which the site or proposed site is located permits such a use, this to include compliance with require- / .. ments for Conditional Use Permits where they apply. The conduct of such business and the use of premises shall otherwise comply with the Land Use Code and all other applicable regulations. 1. Adult bookstore; 2. Adult motion picture theater; 3. Adult mini -motion picture arcade (peep shows); 4. Adult arcade; 5. Adult drive-in theater; 6. Adult cabaret; 7. Adult motel; 8. Adult theater; 9. Adult motel studio; 10. Sexual encounter establishment; 11. Body painting studio; 12. Massage parlor; 13. Any other business which involved specified sexual activities or display of specified anatomical areas; 14. Sale and display of paraphernalia and literature commonly associated with the use of narcotics and controlled substancEs (headshops); 15. Pornographic video games - adult; 16. Video cassette sales and rentals - adults. Nothing in this Chapter prohibits the location of adult entertainment activities within retail shopping centers in all commercial zones wherein such activities will have their only frontage upon enclosed malls or malls isolated from direct view from public streets, parks, schools, churches or residentially zoned property, subject to the issuance of Conditional Use Permits therefor. Such use permits may impose any regulation otherwise imposed by this Chapter in order to accomplish the purposes of this code. "Head Shops" (drug paraphernalia shops) are prohibited in all zones pursuant to Health and Safety Code Sections 11014.5 and 11365.7. All adult entertainment establishments are specifically prohibited in the Central Business District Zone. All adult entertainment activities are included, except that "general bookstores" and "video cassette sales and rental shops" in the Central Business District Zone may have not more than 15% of their sales floor area devoted to related adult materials provided that such area is arranged to prevent access by minors and not to be visible from any other area. Such permitted ac- tivities in the Central Business District Zone shall not have any exterior signs or displays advertising or calling attention to such adult materials. C. Section 18.69.040 is hereby amended to read as follows: The required minimum distance between any two adult entertainment businesses shall be measured in a straight line, without regard to intervening struc- tures, from the closest exterior structural wall of each such business. The distance between any adult entertainment business and any public school, public parks or residential zoned land shall be measured in a straight line, without regard to intervening struc- tures, from the closest exterior structural wall of the adult entertainment business to the closest property line of the public school, public park or residential zone. D. Section 18.69.060 is hereby amended to read as follows: Any person having ownership or control of an adult entertainment business which is within 1500 feet of another such business or within 1500 feet of any public school, public park, or within 1000 feet of any residential zone on the date this Section first becomes effective shall be permitted to trans- fer such principal ownership or control within a period of two years thereafter provided that the persons acquiring such ownership or control shall be required to discontinue and abate the uses trans- ferred thereunder within a period not to exceed five years from the date of such transfer of princi- pal ownership or control if such business continues to be within 1500 feet of any other such adult en- tertainment business or within 1500 feet of any public school or public park or within 1000 feet of any residential zoned property in the City. Nothing in this Section prohibits the transfer of principal ownership 4c). control of adult enter- tainment uses permitted under Sections 18.69.030, subparagraph three or 18.69.030, subparagraph five. After the effective date of adoption of Section 18.69.030A, no such public school, public park or residential zoned area shall be allowed to commence within those minimum distances of separation. Notwithstanding any other provision of this code to the contrary, the provisions of this chapter shall be applicable to all land within the City, including all redevelopment project areas now in existence or hereafter established. PASSED AND ADOPTED this Z5- day of January, 1983. ATTEST: Passed and adopted by the Council of the City of National City, California, on January 25, 1983 by the following vote, to -wit: Ayes: Councilmen Camacho; Dalla, Waters, Morgan Nays: Councilmen None Absent: Councilmen Van Deventer Abstain: Councilmen None AUTHENTICATED BY: KILE MORGAN By: Mayor of the City of National City, California City C • rk of the City of Nati(Snal City, California Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the days of its introduction and the days of its final passage, to wit, on January 18, 1983 and on January 25, 1983 I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each mem- ber of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and cor- rect copy of ORDINANCE NO. 1790 of the City of National City, passed and adopted by the Council of said City on January 25, 1983 (Seal) City Clerk of the City of National City, California By: Deputy