HomeMy WebLinkAboutCC ORD 2019-2455 Adult Oriented Businesses Massage EstablishmentsORDINANCE NO. 2019 — 2455
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY ADOPTED PURSUANT TO
GOVERNMENT CODE SECTIONS 36931 AND 36937 AS
AN URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY,
AMENDING NATIONAL CITY MUNICIPAL CODE SECTIONS
18.30.030 (ADULT ORIENTED BUSINESSES) AND 18.50.010
(GLOSSARY) OF TITLE 18 (ZONING) RELATED TO MASSAGE
ESTABLISHMENTS, AND ADDING SECTION 18.30.370
TO TITLE 18 RELATED TO MASSAGE ESTABLISHMENTS
WHEREAS, pursuant to the terms and provisions of the Government Code of the
State of California, proceedings were duly initiated for the amendment of the National City
Municipal Code; and
WHEREAS, the permitting, regulation, and zoning provisions pertaining to
massage establishments within the City of National City are governed by Municipal Code
Chapters 10.70 (Police Regulated Business Regulations), 10.79 (Massage Establishments),
and 18.30 (Adult Oriented Businesses); and
WHEREAS, the City is authorized to regulate massage establishments pursuant
to Article XI, Section 7 of the California Constitution, as well as by state law, including Section
4600, et seq., of the California Business and Professions Code, and Section 51030, et seq., of
the California Government Code; and
WHEREAS, Section 4600, et seq., of the California Business and Professions
Code, commonly known as the Massage Therapy Act (the "Act"), creates the California
Massage Therapy Council, contains extensive provisions pertaining to the licensing and
regulation of individuals engaged in the practice of massage, and while it states that a city may
enact an ordinance which provides for the licensing of the business of massage, it further states
that no city shall enact or enforce any ordinance that conflicts with the Act or with Section 51034
of the California Government Code, thus creating a partially preemptive effect of State law upon
municipal regulation of massage establishments; and
WHEREAS, the Massage Therapy Act was enacted as urgency legislation by the
State Legislature in January, 2009, and certain provisions of the Act were amended in 2014 and
2016, certain of which amendments were inconsistent with the original version of the Act, and
the latest of which amendments was effective January 1, 2017; and
WHEREAS, Section 51034 of the Government Code was amended by the State
Legislature in 2016, effective January 1, 2017, creating inconsistencies between the prohibitory
provisions of that section and certain current provisions of the National City Municipal Code,
including the following:
• Section 51034(c)(2) prohibits a city from defining a Massage Establishment as an
"adult business", and regulating a massage establishment as an adult
entertainment.
• Section 51034(c)(4) prohibits a city from requiring a massage establishment to
have a shower or bath.
• Section 51034(c)(8) prohibits a city from imposing a requirement that a person
certified under the Massage Therapy Act undergo a criminal background check
or submit fingerprints to obtain a massage permit or license.
• Section 51034(c)(10) prohibits a city from imposing a dress code requirement on
a person certified pursuant to the Massage Therapy Act in excess of those
already imposed by the Act.
and
WHEREAS, at a regular public hearing held on March 7, 2017, the City Council
adopted Ordinance No. 2017-2433 as an urgency interim ordinance, enacting a moratorium for
45 days prohibiting the issuance of massage technician permits and prohibiting new massage
establishments from locating within the City finding an immediate threat to the public health,
safety, and welfare of the city and its residents resulting from the absence of a local ordinance
that follows state mandates and prohibitions relating to massage establishments and
technicians, and that the location of such establishments, and the issuance of permits and other
entitlements for such establishments, would result in a threat to the public health, safety, and
welfare if the City's massage regulatory ordinances were to be found invalid; and
WHEREAS, the City Council found it necessary and appropriate to review and
consider the provisions of the legislation pertaining to massage establishments and technicians
enacted over recent years by the State Legislature; and
WHEREAS, the City Council found that a valid ordinance regulating massage
establishments and massage technicians is necessary to protect the public health, safety, and
welfare, in that such an ordinance will ensure that to the greatest extent possible, massage
businesses will be conducted in a clean and sanitary manner, and in such a way that the
operation of such businesses does not involve prostitution and lewd conduct; and
WHEREAS, the City Council subsequently extended the moratorium for 10
months and 15 days and then for one year pursuant to California Government Code section
65858;
WHEREAS, the moratorium is set to expire on or about February 7, 2019; and
WHEREAS, in compliance with State law, and as directed by City Council, City
staff amended Sections 18.30.030 (Adult Oriented Businesses) and 18.50.010 (Glossary) of
Title 18 (Zoning) and added Section 18.30.370 (Massage Establishments) to Title 18 (Zoning);
and
WHEREAS, the Planning Commission of the City of National City, California
considered said proposed amendments at a duly advertised public hearing held on January 7,
2019, at which time the Planning Commission considered evidence; and
WHEREAS, the Planning Commission recommends that the City Council of the
City of National City adopt the amendments to Section 18.30.030 (Adult Oriented Businesses)
Ordinance No. 2019 — 2455 Page 2 of 11 Amending NCMC 18.30.030 &
January 22, 2019 18.50.010, and adding 18.30.370
and 18.50.010 (Glossary) of Title 18 (Zoning) of the National City Municipal Code related to
massage establishments and add section 18.30.370 (Massage Establishments) with the
following findings:
• That the proposed amendment will make the Land Use Code consistent with State
law.
• That the proposed amendment is consistent with the General Plan, as Housing and
Environmental Justice Goal HEJ-6 encourages convenient and accessible health
services that meet the needs of the community, which this amendment would help
to attain.
• That the proposed amendment has been reviewed and been found to comply with
the California Environmental Quality Act (CEQA); this amendment is not considered
to be project under CEQA as there would be no physical impact as a result of the
change. The amendments would solely modify or remove language related to
massage and add clarification of massage establishment regulation to Title 18
(Zoning); and
WHEREAS, on October 2, 2018, the City Council approved Resolution No. 2018-
173, adopting an updated User Fee Schedule which includes fees related to a required police
permit for massage establishments; and
WHEREAS, the City Council finds that there is a current and immediate threat to
the public health, safety, and welfare of the city and its residents resulting from the absence of a
local ordinance that follows state mandates and prohibitions relating to massage establishments
and technicians, and that the location of such establishments, and the issuance of permits and
other entitlements for such establishments, would result in a threat to the public health, safety,
and welfare if the City's massage regulatory ordinances were to be found invalid; and
WHEREAS, the City Council finds it essential to protect the health, safety, and
welfare of the citizens of the City of National City to enact an urgency ordinance consistent with
State law, to allow legitimate massage establishments to do business in the City while also
protecting the community from illegitimate businesses.
NOW, THEREFORE, the City Council of the City of National City does hereby
ordain as follows:
Section 1. This urgency ordinance shall take effect immediately after its passage,
and before the expiration of fifteen (15) days after its passage a summary or the ordinance in its
entirety shall be published, with the names of the members voting for and against the same,
once in a local newspaper of general circulation in the City of National City, State of California.
Section 2. The temporary moratorium adopted on March 7, 2017 by City Council
Ordinance No. 2017-2433, and extended by Ordinance Numbers 2017-35 on April 18, 2017 and
2018-2445 on February 6, 2018, is hereby terminated, effective immediately upon adoption of
this Urgency Ordinance.
Ordinance No. 2019 — 2455 Page 3 of 11 Amending NCMC 18.30.030 &
January 22, 2019 18.50.010, and adding 18.30.370
Section 3. This Ordinance is adopted as an urgency ordinance necessary for the
immediate preservation of the public health, safety, and welfare within the meaning of section
36937 of the Government Code, and shall take effect immediately based on the following
findings:
(a) The City Council finds that there is a current and immediate threat to the public
health, safety, and welfare of the city and its residents resulting from the absence of a local
ordinance that follows state mandates and prohibitions relating to massage establishments and
technicians, and that the location of such establishments, and the issuance of permits and other
entitlements for such establishments, would result in a threat to the public health, safety, and
welfare if the City's massage regulatory ordinances were to be found invalid; and
(b) The City Council finds it essential to protect the health, safety, and welfare of the
citizens of the City of National City to enact an urgency ordinance consistent with State law, to
allow legitimate massage establishments to do business in the City while also protecting the
community from illegitimate businesses.
Section 4. If any portion of this Ordinance is found to be invalid, it is the intention of
the City Council that the remaining valid provisions of the Ordinance be severed from the invalid
provisions and remain in full force and effect.
Section 5. The Table of Contents for Chapter 18.30 is amended by adding Section
18.30.370.
Section 6. Title 18, Section 18.30.030 of the National City Municipal Code is hereby
amended to read as follows:
18.30.030 Adult -oriented businesses.
A. Purpose.
1. It is the purpose of this chapter to establish reasonable and uniform
content -neutral regulations to decrease blight and crime by either dispersing adult -oriented
businesses, or by shifting part of the burden of regulating such businesses to the private
sector by placing them in locations which minimize the negative secondary effects of such
businesses.
2. It is the intent of this chapter that these regulations be utilized to serve
the substantial interest of the city in preventing problems of blight and deterioration which
accompany and are brought about by adult -oriented businesses, which allowing reasonable
alternative locations for those businesses.
3. In enacting this chapter, the city council is relying upon the experiences
of the City of National City, and upon the experiences and studies of other municipalities
concerning the deleterious effects of adult -oriented businesses, which this chapter is intended
to curtail.
B. 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 such regulations
and provisions and to insure uniformity in their application.
Ordinance No. 2019 — 2455 Page 4 of 11 Amending NCMC 18.30.030 &
January 22, 2019 18.50.010, and adding 18.30.370
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 particularly directed to the use of such
words, terms, or phrases.
It is also intended that those definitions and interpretations set forth in Section
1.04.010 and the glossary shall be used for purposes of uniformity of interpretation and
application of the regulations and provisions of this chapter but only where they do not conflict
with any definitions or interpretation set forth in this chapter.
1 "Specified anatomical areas" means and includes any of the following:
a. 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
b. Human male genitals in a discernibly turgid state, even if
completely and opaquely covered.
2. "Specified sexual activities" means and includes any of the following:
a. The fondling or other touching of human genitals, pubic region,
buttocks, anus, or female breast:
b. Sex acts, normal or perverted, actual or simulated; or
c. Masturbation, actual or simulated; or
d. Excretory functions as part of or in connection with any of the
activities set forth in this subsection.
3. "Adult bookstore" is an establishment that devotes more than fifteen
percent of the total floor area utilized for the display of books and periodicals to the display
and sale of the following:
a. Books, magazines, periodicals or other printed matter, or
photographs, films, motion pictures, video cassettes, compact discs, digital video discs, 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
b. Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities.
c. 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 fifteen percent of the total floor area of the establishment to the sale of
books and periodicals.
4. "Adult motion picture theater" is an establishment, with a capacity of fifty
or more persons, where, for any form of consideration, films, motion pictures, video cassettes,
compact discs, digital video discs, 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.
5. "Adult mini -motion picture theater" is an establishment, with a capacity
of more than five but less than fifty persons, where, for any form of consideration, films,
motion pictures, video cassettes, compact discs, digital video discs, slides or similar
photographic reproductions are shown, and in which a substantial portion of the total
Ordinance No. 2019 — 2455 Page 5 of 11 Amending NCMC 18.30.030 &
January 22, 2019 18.50.010, and adding 18.30.370
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.
6. "Adult motion picture arcade," to include without limitation a peep show,
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. The image -producing device or peep show device shall also
include any other device by or through which electronic, video, photographic, cinematic,
digital, or computer -generated images depicting specified anatomical areas or specified
sexual activity defined by this section are or can be reflected or projected onto an external
screen or be internally projected, generated or reflected onto a screen that is an integral part
of the device itself.
7. "Adult drive-in theater" means an open lot or part thereof, with
appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical
productions and other forms of visual productions, for any form of consideration, to persons in
motor vehicles or on outdoor seats, and presenting material distinguished or characterized by
an emphasis on matter depicting, describing or relating to specified sexual activities or
specified anatomical areas for observation by patrons.
8. "Adult cabaret" is a night club, bar, restaurant, cabaret or similar
establishment which may serve food or alcoholic or non-alcoholic beverages, or both, and
which, for consideration, regularly features live performances or films, motion pictures, video
cassettes, compact discs, digital video discs, slides or other photographic reproductions which
are distinguished or characterized by an emphasis upon the depiction or description of
specified sexual activities or the exposure of specified anatomical areas for observation by
patrons or attendees.
9. "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, compact discs, digital video
discs, 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.
10. "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 sexual activities or by exposure of
specified anatomical areas for observation by patrons.
11. "Adult model studio" is any establishment open to the public where, for
any form of consideration, one or more persons display or expose any portion of specified
anatomical areas to be observed, sketched, drawn, painted, sculptured, photographed,
videoed or be similarly viewed or depicted by any person, other than the proprietor, who pays
a consideration to either the proprietor, an employee of the proprietor or the model. This
definition shall also include, without limitation, a "lingerie modeling establishment."
Ordinance No. 2019 — 2455 Page 6 of 11 Amending NCMC 18.30.030 &
January 22, 2019 18.50.010, and adding 18.30.370
a. This definition 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.
12. "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 professional person licensed by the state of California
engages in sexual therapy.
13. "Body painting studio" is an establishment or business which provides
the service of applying paint or other substance whether transparent or nontransparent to or
on the human body when such body is wholly or partially nude in terms of specified
anatomical areas.
14. "General motion picture theater" is a building or part of a building
intended to be used for the specific purposes of presenting entertainment as defined in this
chapter, 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.
15. "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.
16. "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.
17. "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 vocation or professional institution or an
institution of higher education, including a community college.
18. "Establishing an adult -oriented business," as used in this chapter,
means and includes any of the following:
a. The opening or commencement of any such business as a new
business;
b. The conversion of an existing business, whether or not an adult -
oriented business, to any of the adult -oriented businesses defined in this chapter; or
Ordinance No. 2019 — 2455 Page 7 of 11 Amending NCMC 18.30.030 &
January 22, 2019 18.50.010, and adding 18.30.370
c. The addition of any of the adult -oriented businesses defined
herein to any other existing adult -oriented business; or
d. The relocation of any such business.
19. "Transfer of ownership or control," as used in this chapter, means and
includes any of the following:
a. The sale, lease, or sublease of an adult -oriented business;
b. The transfer of securities which constitute a controlling interest in
such business, whether by sale, exchange or similar means; or
c. 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.
20. "Sale and display of paraphernalia and literature commonly associated with
the use of narcotics and controlled substances (headshops)" is an establishment or place
where more than fifteen percent of the floor area in any room is used for the sale and display
of such paraphernalia and literature, including but not limited to cocaine and sniffing kits, glass
mirrors for cutting cocaine, snorting spoons and tubes, strainers to sift cocaine, water pipes
(bongs), everyday items with special removable tops that have been converted to conceal
narcotics and drugs, including simulated beer cans, oil cans and plastic photograph film vials,
"roach clips" (for holding marijuana cigarettes), or books and magazines extolling the use of
narcotics or controlled substances. Such a place is an adult -oriented business. This definition
does not limit licensed pharmacies in selling and displaying paraphernalia that is medical
equipment prescribed by licensed medical practitioners.
21. A "private viewing room" is an area separated from the sales or display
area of the establishment by a curtain, wall, door, shade, or similar obstruction thus allowing
the private viewing of video tapes, compact discs, digital video discs, movies, transparencies,
films, or projectable motion pictures by customers at the establishments.
22. "Video cassette, compact disc, digital video disc sales, and rentals —
adult" is the same as "adult bookstore."
23. "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."
24. "Sexually oriented business" is any business in which:
a. Specified sexual activity occurs or specified anatomical areas are
exposed, or both, by a patron, attendee, employee or independent contractor for any form of
consideration paid or furnished to the owner, proprietor, an employee of the owner or
proprietor, or to an independent contractor at the location or premises; or
b. Material distinguished or characterized by an emphasis on
matter depicting, describing, or relating to specified sexual activity or specified anatomical
areas, or both, is displayed, sold, or provided for consideration on a regular basis.
25. "Consideration," as used in this chapter, means a payment or transfer of
money or other thing of value exceeding a total of one cent to an owner or proprietor, an
employee of the owner or proprietor, or to a performer, independent contractor or entertainer
at the establishment, without regard to:
a. Any donative intent of the payer, transferor, or donor;
b. The time of payment or transfer; or
Ordinance No. 2019 — 2455 Page 8 of 11 Amending NCMC 18.30.030 &
January 22, 2019 18.50.010, and adding 18.30.370
c. Whether the payment or transfer was for admission to the
establishment or for merchandise, food or beverage displayed or sold at or on behalf of that
establishment.
26. "Lingerie modeling establishment" means an establishment where, for
consideration and for viewing by a patron at that establishment, a person either:
a. Wears and displays undergarments, lingerie, underwear and
similar articles of intimate apparel which cover those areas which constitute specified
anatomical areas; or
b. Changes from one costume into another in the presence of a
patron or patrons and thereby exposes one or more specified anatomical areas to that patron
or patrons. This definition shall not, however, be construed so as to apply to a commercial
retail or wholesale establishment that principally and customarily sells clothing and related
wearing apparel and where specified anatomical areas are not exposed to customers during
demonstration displays of merchandise for sale.
C. Prohibitions.
1. No person or entity shall own, establish, operate, control or enlarge or
cause or permit the establishment, operation, enlargement or transfer of ownership or control,
except pursuant to Section 18.30.030(F), of any of the following adult -oriented businesses if
such adult -oriented business is or would be within one thousand five hundred feet of another
adult -oriented business, within one thousand five hundred feet of any school or public park
within the city, or within one thousand feet of any residentially zoned property in the city:
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;
Adult model studio;
j. Body painting studio;
k. Any sexually oriented business;
Adult video games;
m Adult video cassette sales and rentals;
n. Sexual encounter establishments;
o. Lingerie modeling establishment.
2. An establishment listed in this section shall not be established,
operated, enlarged, or transferred unless the provisions of the zone in which the site or
proposed site is located permit such a use. The conduct of such establishment and the use of
premises shall otherwise comply with the Land Use Code and all other applicable regulations.
3. Nothing in this chapter prohibits the location of adult -oriented
businesses within retail shopping centers in all commercial and major mixed -use zones
wherein such activities will have their only frontage upon enclosed malls or malls isolated from
their direct view from public streets, parks, schools, churches or residentially zoned property.
4. Sexual encounter establishments shall be permitted only upon the prior
issuance of a conditional use permit.
Ordinance No. 2019 — 2455 Page 9 of 11 Amending NCMC 18.30.030 &
January 22, 2019 18.50.010, and adding 18.30.370
5. The location of an adult -oriented business listed in subsection (C)(1)
(with the exception of subsections (C)(1)k and (C)(1)o) within any new or existing retail center,
as specified in subsection (C)(3), shall not require a conditional use permit.
D. Measure of Distance. The required minimum distance between any two adult -
oriented businesses shall be measured in a straight line, without regard to intervening
structures, from the closest exterior structural wall of each such business. The distance
between any adult -oriented business and any public school, public parks or residential zoned
land shall be measured in a straight line, without regard to intervening structures, from the
closest exterior structural wall of the adult -oriented business to the closest property line of the
public school, public park, or residential zone.
E. Development and Maintenance Standards. All adult -oriented businesses
hereafter commenced shall, in addition to compliance with the Land Use Code, comply with
these specific requirements:
1. Signs. Except for theater 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.
2. 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 advertising
message.
3. Advertisements, displays of merchandise, signs or any other exhibit
depicting adult -oriented activities placed within the interior of buildings or premises shall be
arranged or screened to prevent public viewing from outside such buildings or premises.
4. No outdoor loudspeakers or other outdoor sound equipment advertising
or directing attention to an adult -oriented use is allowed
5. Upon order of the city manager, graffiti appearing on any exterior
surface of a building or premises, which graffiti is within public view, shall be removed, and
that surface shall be restored within seventy-two hours of notification to the owner or person in
charge of the premises.
6. All exterior windows that are visible to the public must be opaquely
covered.
F. Exceptions.
1. Nothing in this section prohibits the transfer of principal ownership or
control of adult -oriented uses permitted under Section 18.30.030(C)3 or 18.30.030(C)5.
2. 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.
G. Other Regulations, Permits, or Licenses.
1. Effect. The provisions of this chapter do not waive or modify any other
provision of this code. Adult -oriented businesses shall comply with all applicable provisions of
law and this code.
2. Reference. This list is not all-inclusive and is inserted here for reference
only; other applicable regulations include, but are not limited to the following chapters:
H. Protection of Minors. Adult -oriented business shall not allow the admission of
minors and shall otherwise comply with Chapter 10.62. An attendant shall be present at all
times during hours of operation to deny admittance to minors.
Ordinance No. 2019 — 2455 Page 10 of 11 Amending NCMC 18.30.030 &
January 22, 2019 18.50.010, and adding 18.30.370
Private Viewing Rooms. It is unlawful for any person or entity which is subject
to the regulations of this chapter, and which sells or rents prerecorded video tapes, movies,
transparencies, films, projectable motion pictures or equipment used for showing any or all of
these items, to offer or allow the viewing of these materials in private viewing rooms, as
defined in subsection (B)(22).
J. Constitutional Severability. The city council declares that the invalidity of any
section or portion of this chapter shall not affect the validity of any other remaining section or
portion; that the city council would have adopted each of those remaining portions
notwithstanding any later declared invalid. If any portion determined to be invalid can be
severed or be judicially interpreted in a way that could harmonize it with the remaining
provisions, then it may either be severed or be judicially interpreted and, as interpreted, be
applied so as to give full purpose, meaning, and effect to the remaining provisions of this
chapter.
Section 7. Title 18 of the National City Municipal Code is hereby amended by adding
Section 18.30.370 to read as follows:
18.30.370 Massacre establishments. Massage establishments may be located in
any zone where medical offices are permitted in accordance with Chapters 10.70 and 10.79.
Section 8. Chapter 18.50 (Glossary) of the National City Municipal Code is hereby
amended by amending Section 18.50.010 (Generally) to add the definition of "Massage" to read
as follows:
"Massage". See Municipal Code Sections 10.79 and 18.30.370.
ATTEST:
PASSED and ADOPTED this 22nd day of Janua , 201
Iitd
Michael R. Dalla,y Clerk
APPROVED AS TO FORM:
Ordinance No. 2019 — 2455
Aleja Solis, Mayor
Page 11 of 11 Amending NCMC 18.30.030 &
January 22, 2019 18.50.010, and adding 18.30.370
Passed and adopted by the Council of the City of National City, California, on
January 22, 2019, by the following vote, to -wit:
Ayes: Councilmembers Cano, Morrison, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
ALEJANDRA SOTELO-SOLIS
Mayor of the City of National City, California
ff L14 R
City CI rk of the City o National City, California
By:
Deputy
I HEREBY CERTIFY that the foregoing Ordinance was adopted on January 22, 2019,
under the provisions of Section 65858 of the California Government Code and became
effective immediately upon said adoption.
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 member 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 correct copy of
ORDINANCE NO. 2019-2455 of the City Council of the City of National City, passed
and adopted by the Council of said City on January 22, 2019.
City Clerk of the City of National City, California
By:
Deputy