HomeMy WebLinkAboutCC ORD 1979-1699 Adds §§ 10.62.040, 18.04.033, 18.04.113, 18.04.419, 18.04.501 and Ch. 18.69; and amends §§ 6.14.010, 6.18.010, 6.43.020, 6.50.030 and 6.58.020, adult entertainment establishments (6.14, 6.18, 6.43, 6.50, 6.58, 10.62, 18.04, 18.69)ORDINANCE NO.
1699
1,1 �" ' AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA
„«3' V ADOPTING REGULATIONS FOR THE LIMITATION AND CONTROL OF
"ADULT ENTERTAINMENT ESTABLISHMENTS" WITHIN TITLE 18
OF THE MUNICIPAL CODE; AND AMENDING CERTAIN PROVISIONS
OF THE MUNICIPAL CODE COMPLEMENTARY TO THESE REGULATIONS
SECTION 1. Need
It has come to the attention of this City Council
that the objectives of this community's adopted General Plan
clearly demand action to limit the proliferation of "adult
entertainment establishments", and
It has become probable that the recent enactment
of adult entertainment controls in nearby cities will increase
the likelihood of such activities attempting to relocate to
National City, and
Past experience has shown that the concentration of
adult entertainment activities adds substantially to the
contagion of blight, deteriorationiand socio/economic decay
within commercial neighborhoods in National City.
SECTION 2. Reserved
Refer to Public Hearings held by the Planning
Commission and the City Council and to Environmental Review.
SECTION 3. Regulations Adopted
With the adoption of this Ordinance, this City
Council adopts a new Chapter of the National City Municipal
Code, to wit:
NATIONAL CITY MUNICIPAL CODE, TITLE 18
(Land Use Code)
CHAPTER 18.69 Adult Entertainment Establishments
18.69.010 Purpose and Intent
18.69.020 Definitions
18.69.030 Prohibitions
18.69.040 Measure of Distance
18.69.050 Development and Maintenance Standards
18.69.060 Exceptions for Lawful Nonconforming rises
18.69.070 Other Licensing Regulations and Permits
18.69.080 Protection of Minors
CHAPTER 18.69
ADULT ENTERTAINMENT ESTABLISHMENTS
SECTION 18.69.010 PURPOSE AND INTENT
It is the purpose of this Chapter to establish
reasonable and uniform regulations to prevent the continued
concentration of adult entertainment establishments, as de-
fined herein, within the City of National City.
It is the intent of this Chapter that these regula-
tions be utilized to prevent problems of blight and deteriora-
tion which accompany and are brought about by the concentration
of adult entertainment establishments.
SECTION 18.69.020 DEFINITIONS
It is the purpose of this Section to provide clear
and concise definitions of those words, terms and phrases
most commonly utilized in the regulations and provisions of
this Chapter in order to assist in the uniform interpretation
of said regulations and provisions and to insure uniformity
in their application.
It is intended that the following words, terms and
phrases, whenever used in this Chapter, shall be construed as
defined in the following subsections, unless from the context
a different meaning is specifically defined and more particu-
larly directed to the use of such words, terms or phrases.
It is also intended that those definitions and
interpretations set forth in Chapter 1.04, Section 1.04.010
and Chapter 18.04 of the Municipal Code, shall be used for
purposes of uniformity of interpretation and application of
the regulations and provisions of this Division but only
where they do not conflict with any definition or interpre-
tation set forth in this Chapter.
A. "SPECIFIED ANATOMICAL AREAS"
shall mean and include any of the following:
(1) Less than completely and opaquely covered
human genitals, pubic region, buttocks,
anus or female breasts below a point
Immediately above the top of the areolae, or
(2) Human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
B. "SPECIFIED SEXUAL ACTIVITIES"
shall mean and include any of the following:
(1) The fondling or other touching of human genitals,
pubic region, buttocks, anus or female breasts;
(2) Sex acts, normal or perverted, actual or
simulated; or
(3) Masturbation, actual or simulated; or
(4) Excretory functions as part of or in connection
with any of the activities set forth in (1)
through (3) above.
C. "ADULT BOOKSTORE"
is an establishment that devotes more than 15 percent
of the total floor area utilized for the display of books and
periodicals to the display and sale of the following:
(1) Books, magazines, periodicals or other printed
matter, or photographs, films, motion pictures,
video cassettes, slides, tapes, records or
other forms of visual or audio representations
which are characterized by an emphasis upon
the depiction or description of "specified
sexual activities" or "Specified anatomical
areas;" or
(2) Instruments, devices or paraphernalia which
are designed for use in connection with
"specified sexual activities".
An adult bookstore does not include an establishment
that sells books or periodicals as an incidental or accessory
part of its principal stock -in -trade and does not devote more
than 15 percent of the total floor area of the establishment
to the sale of books and periodicals.
D. "ADULT MOTION PICTURE THEATER"
is an establishment, with a capacity of 50 or more
persons, where, for any form of consideration, films, motion
pictures, video cassettes, slides or similar photographic
reproductions are shown, and in which a substantial portion
of the total presentation time is devoted to the showing of
material which is distinguished or characterized by an
upon the depiction or description of "specified sexual
emphasis
activities"
or "specified anatomical areas" for observation by patrons.
E. "ADULT MINI -MOTION PICTURE THEATER"
is an establishment, with a capacity of more than
five but less than 50 persons, where, for any form of considera-
tion, films, motion pictures, video cassettes, slides or similar
photographic reproductions are shown, and in which a substantial
portion of the total presentation time is devoted to the showing
of material which is distinguished or characterized by an
emphasis upon the depiction or description of "specified sexual
activities" or "specified anatomical areas" for observation
by patrons.
F. "ADULT MOTION PICTURE ARCADE" (Peep Shows)
is 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 displayed are
distinguished or characterized by an emphasis on depicting
or describing "Specified Sexual Activities" or "Specified
Anatomical Areas".
G. "ADULT DRIVE-IN THEATER"
An open lot or part thereof, with appurtenant facili-
ties, devoted primarily to the presentation of motion pictures,
films, theatrical productions and other forms of visual pro-
ductions, for any form of consideration, to persons in motor
vehicles or on outdoor seats, and presenting material disting-
uished or characterized by an emphasis on matter depicting,
describing or relating to "specified sexual activities" or
"specified anatomical areas" for observation by patrons.
H. DULT CABARET"
is a night club, bar, restaurant or similar estab-
lishment which regularly features live performances which
are distinguished or characterized by an emphasis on "specified
sexual activities" or by exposure of "specified anatomical
areas" and/or which regularly features films, motion pictures,
video cassettes, slides or other photographic reproductions
which are distinguished or characterized by an emphasis upon
the depiction or description of "specified sexual activities"
or "specified anatomical areas" for observation by patrons.
I. "ADULT MOTEL"
is a motel or similar establishment offering public
accommodations for any form of consideration which provides
patrons with closed-circuit television transmissions, films,
motion pictures, video cassettes, slides or other photographic
reproductions which are distinguished or characterized by an
emphasis upon the depiction or description of "specified
sexual activities" or "specified anatomical areas".
J. "ADULT THEATER"
is a theater, concert hall, auditorium or similar
establishment, either indoor or outdoor in nature which,
for any form of consideration, regularly features live
performances which are distinguished or characterized by an
emphasis on "specified sexual activities" or by exposure of
"specified anatomical areas" for observation by patrons.
K. "ADULT MODEL STUDIO"
is any establishment open to the public where,
for any form of consideration or gratuity, figure models
who display "Specified Anatomical Areas" are provided to
be observed, sketched, drawn, painted, sculptured, photo-
graphed, or similarly depicted by persons, other than the
proprietor, paying such consideration or gratuity.
This provision shall not apply to any school of
art which is operated by an individual, firm, association,
partnership, corporation or institution which meets the
requirements established in the Education Code of the
State of California for the issuance or conferring of, and
is in fact authorized thereunder to issue and confer a
diploma.
L. "SEXUAL ENCOUNTER ESTABLISHMENT"
is an establishment, other than a hotel, motel
or similar establishment offering public accommodations,
which, for any form of consideration, provides a place
where two or more persons may congregate, associate or
consort in connection with "specified sexual activities"
or the exposure of "specified anatomical areas". This
definition does not include an establishment where a medical
practitioner, psychologist, psychiatrist or similar pro-
fessional person licensed by the State of California engages
in sexual therapy.
For the purposes of
CENTER shall include MASSAGE
establishments.
M. "BODY PAINTING STUDIO"
is any establishment or business which provides
the service of applying paint or other substance whether
transparent or non -transparent to or on the human body
this Chapter, SEXUAL ENCOUNTER
or RAP PARLOR and other similar
when such body is wholly or partially nude in terms of
"specified anatomical areas".
N. "MASSAGE PARLOR"
is an establishment where, for any form of con-
sideration, massage, alcohol tub, fomentation, electric
or magentic treatment, or similar treatment or manipulation
of the human body is administered, unless such treatment
or manipulation is administered by a medical practitioner,
chiropractor,acupuncturist, physical therapist or similar
professional person licensed by the State of
This definition does not include an athletic
club, school, gymnasium, reducing salon, spa
California.
club, health
or similar
establishment where massage or similar manipulation of
the human body is offered as an incidental or accessory
service.
O. "GENERAL MOTION PICTURE THEATER"
is a building or part of a building intended to
be used for the specific purposes of presenting entertain-
ment as defined herein, or displaying motion pictures, slides
or closed circuit television pictures before an individual
or assemblage of persons, whether such assemblage be of a
public, restricted or private nature, except a home or private
dwelling where no fee, by way of an admission charge, is
charged; provided, however, that, any such presentations
are not distinguished or characterized by an emphasis on
the depiction or description of "specified sexual activities"
or
"specified anatomical areas" in that any such depiction
or description is only incidental to the plot or story line.
P. "LEGITIMATE OR LIVE THEATER"
is a theater, concert hall, auditorium or similar
establishment which, for any fee or consideration, regularly
features live performances which are not distinguished or
characterized by an emphasis on the depiction or description
of "specified sexual activities" or "specified anatomical
areas" in that any such depiction or description is only
incidental to the primary purpose of the performance.
Q. "GENERAL -BOOKSTORE"
is an establishment engaged in the buying, selling
and/or trading of new and/or used books, manuscripts and
periodicals of general interest. A general bookstore does
not include an establishment that is encompassed by the
definition of "ADULT BOOKSTORE" .
R. "SCHOOL"
is an institution of learning for minors, whether
public or private, which offers instruction in those courses
of study required by the California Education Code or which
is maintained pursuant to standards set by the State Board
of Education. This definition includes a nursery school,
kindergarten, elementary school, junior high school, senior
high school or any special institution of learning under the
jurisdiction of the State Department of Education, but it
does not include a vocational or professional institution
or an institution of higher education, including a•community
C'_
•^^in-,- r-r11 cep
S. "ESTABLISHING AN ADULT ENTERTAINMENT BUSINESS"
As used herein, the "establishing" of an adult
entertainment business shall mean and include any of the
following:
(1) The opening or commencement of any such
business as a new business;
(2) The conversion of an existing business,
whether or not an adult entertainment
business, to any of the adult entertain-
ment businesses defined herein;
(3) The addition of any of the adult entertain-
ment businesses defined herein to any other
existing adult entertainment business; or
(4) The relocation of any such business.
T. "TRANSFER OF OWNERSHIP OR CONTROL"
As used herein, shall mean and include any of the
following:
(1) The sale, lease or sublease of an adult
entertainment business;
(2) The transfer of securities which constitute
a controlling interest in such business,
whether by sale, exchange or similar means; or
(3) The establishment of a trust, gift or other
similar legal device which transfers the
ownership or control of such business,
except for transfer by bequest or other
operation of law upon the death of the
person possessing such ownership or control.
SECTION 18.69.030 PROHIBITIONS
No person shall cause or permit the establishment,
substantial enlargement or transfer of ownership or control
of any of the following establishments if such establishment
is within 500 meters of another adult entertainment business
or within 500 meters of any school or public park within
the City of National City.
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 requirements 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 City regulations.
A. Adult Bookstore
B. Adult Motion Picture Theater
C. Adult Mini -Motion Picture Arcade (Peep Shows)
D. Adult Arcade
E. Adult Drive -In Theater
F. Adult Cabaret
G. Adult Motel
H. Adult Theater
I. Adult Model Studio
J. Sexual Encounter Establishment
K. Body Painting Studio
L. Massage Parlor
M. Any other business which involves "specified
sexual activities" or display of "specified
anatomical areas".
SECTION 18.69.040 MEASURE OF DISTANCE
The distance between any two adult entertainment
businesses shall be measured in a straight line, without
regard to intervening structures, from the closest exterior
structural wall of each business. The distance between any
adult entertainment business and any school or park shall
be measured in a straight line, without regard to interven-
ing structures, from the closest exterior structural wall
of the adult entertainment business to the closest property
line of the school or park.
SECTION 18.69.050 DEVELOPMENT AND MAINTENANCE STANDARDS
All adult entertainment premises hereafter commenced
shall, in addition to compliance with the Land Use Code, be
made to comply with these specific requirements:
A. Signs. Except for theatre marquee signs,
changeable copy signs, temporary signs and small permanent
signs are not permitted. In addition to the requirements
of Section 18.62.020 for permit approvals, all sign permits
shall be subject to review and approval by the Planning
Commission.
B. Exterior painting. Buildings and structures
shall not be painted or surfaced with garish colors or
textures or any design that would simulate a sign or ad-
vertising message.
C. Advertisements, displays of merchangise, signs,
or any other exhibit depicting adult entertainment activities
placed within the interior of buildings or premises shall
be arranged or screened to prevent public viewing from
outside such buildings or premises.
D. No outdoor loudspeakers or other outdoor
sound equipment advertising or directing attention to an
adult entertainment use is allowed.
E. Upon order of the City Manager, graffitti
appearing on any exterior surface of a building or premises,
which graffitti is within public view, shall be removed
and that surface shall be restored within 72 hours of
notification to the owner or person in charge of the premises.
SECTION 18.69.060 EXCEPTIONS
A. A person possessing ownership or control of
an adult entertainment business which is within 500 meters
of another such business or within 500 meters of any school
or park on the effective date of this Ordinance shall be
permitted to transfer such ownership or control within
two years of said effective date. The persons acquiring
such ownership or control, however, shall be required to
discontinue said adult entertainment business within five
years from the date of said transfer of ownership or control,
if such business continues to be within 500 meters of another
such business or within 500 meters of any school or park.
B. A person possessing ownership or control of an
adult entertainment business which is not within 500 meters
of another such business and is not within 500 meters of any
school or park on the effective date of this Ordinance shall
be subject to the provisions of Paragraph "A" of this Section,
if a school or park is subsequently established within 500
meters of an establishment regulated by the provisions of
Section 18.69.030. The two year period established by Para-
graph "A" of this Section shall commence to run from the date
on which the school begins a course of instruction for students.
C. Notwithstanding any other provision of the Municipal
Code to the contrary, the provisions of this Chapter shall be
applicable to all land within the City of National City, includ-
ing all Redevelopment Project Areas now in existence or hereafter
established.
SECTION 18.69.070 OTHER REGULATIONS, PERMITS OR LICENSES
.010 Effect. The provisions of this Chapter do not
waive or modify any other provision of the Municipal Code. Adult
entertainment establishments shall comply.
.020 Reference. This list is not all inclusive and is
inserted here for reference only;
Municipal Code Chapter 6.14 - Adult Movies and Book Stores
Chapter 6.18 Amusement Arcades
6.30 Dance Halls
6.36 Escort Services
6.43 Live Entertainment
6.50 Massage Establishments
6.58 Peep Shows
10.34 Obscene Matter
10.62 Pornography
15.36 Peep Show Establishments
SECTION 18.69.080 PROTECTION OF MINORS
The operation of adult entertainment establishments
shall prohibit the admission of minors and shall otherwise
comply with Chapter 10.62.
SECTION 4. Amendments of Related MunicipalCode
Provisions
To make Chapter 18.69 consistent with the other
provisions of the Municipal Code, the adoption of this
Ordinance also adopts these specific amendments of the
Municipal Code:
A. Municipal Code Section 6.14.010 is hereby
amended, in its entirety, to read as follows:
SECTION 6.10.010 DEFINITIONS
A. "'Adult Only Movie Theatre' shall mean
the same as 'Adult Motion Picture Theatre'
in Section 18.69.020 D and the same as
'Adult Drive -In Theatre' in Section 18.69.020 G."
B. "'Adult Book Store' shall mean the same as
'Adult Bookstore' in Section 18.69.020 C."
B. Municipal Code Section 6.18.010 is hereby
amended, in its entirety, to read as follows:
"SECTION 6.18.010 AMUSEMENT ARCADE DEFINED
'Amusement Arcade' shall mean the same as 'Amuse-
ment Aracade' defined in Section 18.04.033. See
also, 'Adult Motion Picture Aracade' in Section
18.69.020 F."
C. Municipal Code Section 6.43.020 is hereby
amended, in its entirety, to read as follows:
"SECTION 6.43.020 DEFININITIONS
A. 'Cabaret' shall mean the same as 'Cabaret' in
Section 18.04.113. See also, 'Adult Cabaret'
in Section 18.69.020 A."
B. 'Live Entertainment' shall not include enter-
tainment provided solely by the use of a radio,
television, music recording machine or jukebox,
or any entertainment provided under the supervision
of school authorities, City of National City, or
any nonprofit organization or service club. Ro►•-
ever, it shall include any presentation or activity
of any nature which is designed or intended
to divert, amuse or attract the attention of
persons observing such presentation or activities,
including any type of presentation, but not
limited to any type of presentation, in which
live entertainers or performers appear before
an audience of any number of persons. The
mere presence of any employee in such public
place, unclothed or in such attire, costume
or clothing as to expose to public view any
portion of either breast at or below the areola
thereof of any female or of any other private
part of any such employee, or the permitting
or allowing of any other person present on the
premises to participate in any performance in
such public place, unclothed or in such attire,
costume or clothing, shall constitute 'live
entertainment' within the meaning of the term
as used in the preceding Section 6.43.010.
(Ord. 1558 §§1(part), 2, 1977).
"See also, 'Adult Cabaret' in Section 18.69.020 B
and 'Adult Theatre' in Section 18.69.020 J."
D. Municipal Code Section 6.50.030 is hereby amended
as follows:
(1) Subsections A, B, C and D are repealed.
(2) Add to Subsection F: "See also 'Massage Parlor'
in Section 18.69.020 N".
E. Municipal Code Section 6.58.020 is hereby amended
as follows:
(1) Add the following to Subsection 6.58.020A:
"See also Chapter 15.36".
(2) Add the following to Subsection 6.58.020B:
"See also 'Adult Motion Picture Arcades' in
Section 18.69.020F and 'Adult Mini -Motion Picture
Theatre' in Section 18.69.020E."
F. Municipal Code Title 10 is hereby"amended
to add a new Section:
"Section 10.62.040 Adult Entertainment Establish-
ments. The provisions of this Chapter also apply
to all uses allowed by Chapter 18.69 (Adult Enter-
tainment EstabIishments)"
G. Municipal Code Chapter 18.04 is hereby amended
to add the following new Sections:
(1)
"Section 18.04.033 Amusement Arcade defined.
For the purpose of this chapter, the term
'Amusement Arcade" means one general enclosure
in which is conducted the business of operating
or exhibiting any phonograph, graphophone,
marble and pinball games, -talking machine,
kinetoscope, biograph, projectoscope or any
other instrument or machine of like character,
for the use of which a compensation or fee is
charged, and exhibiting, showing or letting
the use of any microscope, lung tester, muscle
tester, galvanic battery, weighing machine or
machine of like character, for a money consid-
eration. (Ord. 1048, 1962: Ord. 708 §41(part),
1944)."
"See also 'Adult Xotion•Picture Arcade' in
Section 18.69.020F."
(2) "Section 18.04.113 Cabaret.
'Cabaret' means a cafe, restaurant, bar or
other public establishment where entertainment
is provided by any person require to obtain
a permit pursuant to Section 6.43.010, Chapter
6.43 of this code."
"See also Section 18.69.020E."
(3) "Section 18.04.501 Peep Show
See Sections 6.58.020, 18.69.020F and 18.69.020E."
(4) "Section 18.04.419 (a) Massage
See Section 6.50.030E."
(5) "Section 18.04.419 (b) Massage Parlor
See Sections 18.69.020N and 6.50.030F."
SECTION 5. Effective Date
All provisions of this Ordinance shall become effective
upon adoption.
SECTION 6. Estoppel
Any adult entertainment establishment operated,
conducted or maintained in violation of the Land Use Code
(Title 18), or in violation of Ordinance No. 1605, on the
effective date of this Chapter shall not gain any rights
or privileges to continue if such continuance would not
comply herewith. Any such adult entertainment establishment
shall comply with Section 18.06.070.
PASSED AND ADOPTED this llth day of September, 1979.
ATTEST:
CITY CLERK of
MAYO
Passed and adopted by the Council of the City of National City, California,
on September 11, 1979 by the following vote, to -wit:
Ayes: Councilmen .Camacho,, Dana., Van Deventer, waters, Morgan.
Nays: - Councilmen None.
Absent: Councilmen None.
Abtitain: Councilmen None.
AUTHENTICATED BY:
KILE MORGAN
Mayor of the City of National City, California
IONE CAMPBEL
City Clerk o the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted
until seven calendar days had elapsed between the day of its introduction
and the day of its final passage, to wit, on
and on
September 11, 1979
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..169.9... of the City of National City, passed
and adopted by the Council of said City on September 11, 1979
(Seal)
By:
City ' erk of the City of Na 'onal City, California
Deputy