5655ORDINANCE NO. 5655
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
VARIOUS SECTIONS OF CHAPTER 18.89 OF TITLE 18
OF THE ANAHEIM MUNICIPAL CODE RELATING TO
SEX -ORIENTED BUSINESSES AND DECLARING THAT
THIS ORDINANCE IS AN URGENCY MEASURE WHICH
SHALL TAKE IMMEDIATE EFFECT.
WHEREAS, the City Council of the City of Anaheim
incorporates herein those recitals contained in Ordinance Nos.
5399, 5568 and 5649 by this reference as if set forth in full;
and
WHEREAS, City Attorney, Planning Department and Police
Department staff regularly review the provisions of Chapter 18.89
to determine if clarification or modification of its provisions
is appropriate in view of changes in the law; and
WHEREAS, in Freedman v. Maryland 380 U.S. 51 (1965) the
United States Supreme Court held that a decision denying First
Amendment speech must have prompt judicial review so as to not be
an unconstitutional prior restraint on speech; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
HEREBY ORDAINS AS FOLLOWS:
SECTION 1.
That paragraph .0403 of subsection 18.89.030.040 of
Section 18.89.030 of Chapter 18.89 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, amended to read as
follows:
.0403 Within ten (10) calendar days following the
completion of the public hearing specified in paragraph
.0402 above, the Hearing Officer shall approve such
application if it is determined that the requirements of
this chapter have been met and if the application and
evidence submitted show that such sex -oriented business will
be conducted in compliance with the requirements of
subsection 18.89.030.050 as hereinafter set forth; otherwise
the application shall be denied. The Hearing Officer shall
impose conditions upon such approval as are reasonably
necessary to assure compliance with the requirements of this
chapter. In the event of denial of the application, the
Hearing Officer shall specify in writing the grounds upon
which the application is denied. Notice of the decision of
the Hearing Officer shall be given in writing to the owner,
and to any other person or entity expressly requesting
notice thereof, in the same manner as provided for the
giving of notices in paragraph .0401 above. The decision of
the Hearing Officer shall also be immediately transmitted to
the i,icense Collector for issuance or denial of the permit.
The decision of the Hearing Officer shall be deemed final
notwithstanding any other provision of this Code to the
contrary."
SECTION 2.
That. paragraph .0406 be, and the same is hereby, added
to subsection 18.89.030.040 of Section 18.89.030 of Chapter 18.89
of Title 18 of the Anaheim Municipal Code to read as follows:
" .0406 Notwithstanding anything herein to the contrary,
whenever the United States or California Constitution
require that prompt judicial review is necessary for a
decision impinging on First Amendment expression, prompt
judicial review shall be afforded as provided by law. The
City shall prepare the administrative record within 14 days
of the date the record is requested to expedite review."
SECTION 3.
That the introductory language of subsection
18.89.030.050 of Section 18.89.030 of Chapter 18.89 of Title 18
of the Anaheim Municipal Code be, and the same is hereby, amended
to read as follows:
.050 Requirements for Sex -Oriented Businesses. It shall
be unlawful for any person or entity to own, operate or
conduct any sex -oriented business, or for any person to
engage or participate in any specified sexual activities or
display or expose any specified anatomical parts except in
compliance with the requirements of this subsection .050 as
hereinafter set forth."
SECTION 4.
That new subsection 18.89.080.070 be, and the same is
hereby, added to Section 18.89.080 of Chapter 18.89 of Title 18
of the Anaheim Municipal Code to read as follows:
" .070 The status quo shall be maintained pending
conclusion of the revocation hearing. If a judicial action
is commenced challenging the revocation, the status quo
shall be maintained until such time as a judicial decision
is rendered from the court in which the action is filed.
Notwithstanding the foregoing, if operation of the business
constitutes a danger to public health or safety, the City
may seek an order from a court of competent jurisdiction
authorizing immediate closure of the business."
SECTION 5. SEVERABILITY
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The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the Code, hereby adopted, or of Chapter 18.89 of the
Code, be declared for any reason to be invalid or
unconstitutional, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of the remaining
portions of this ordinance or the remaining portions of Chapter
18.89; it being the intent of the Council that it would have
passed all other portions of this ordinance, and all other
portions of Chapter 18.89, independent of the elimination of any
such portion as may be declared invalid. In the event a court of
competent jurisdiction renders a decision facially invalidating
the permit issuance process contained in this Chapter, any Sex -
Oriented Business which operates in the City shall be deemed to
be operating subject to the locational and operational
requirements contained in Chapter 18.89, as the same may be
amended from time to time.
SECTION 6. SAVINGS CLAUSE
This ordinance is declarative of existing law for
reasons which include, without limitation, the existing provision
establishing that the hearing officer's decision on a permit for
a sex -oriented business is final, thereby expediting review (AMC
18.89.030.040.0403). Neither the adoption of this ordinance nor
the repeal of any other ordinance of this City shall in any
manner be construed as a waiver of any license or penalty or the
penal provisions applicable to any violation thereof, including
violations committed prior to the effective date hereof. The
provisions of this ordinance, insofar as they are substantially
the same as ordinance provisions previously adopted by the City
relating to the same subject matter, shall be construed as
restatements and continuations, and not as new enactments.
SECTION 7. DECLARATION OF URGENCY.
The City Council declares that this Ordinance is
necessary as an emergency measure for the immediate protection of
the public safety, health and welfare and the reasons for its
urgency are as follows:
1. On September 10, 1998, the United States Court of
Appeals for the Ninth Circuit issued its opinion in Baby Tam
& Co., Inc. V. City of Las Vegas, 98 Daily Journal D.A.R.
9789, held that sexually oriented businesses' licensing
ordinances were required to note the provision of prompt
judicial review for persons whose license or permit
applications have been denied.
2. The Ninth Circuit's recent decision in the Baby Tam
case could detrimentally impact the City's ability to
regulate sex -oriented businesses, thereby prohibiting the
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City from furthering its substantial governmental interest
in protecting the public from the harmful secondary effects
the unregulated operation of Sex -Oriented Businesses has
been found to create.
SECTION 8. EFFECTIVE DATE OF ORDINANCE.
This Ordinance shall take effect immediately.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 27th day of October
1998.
MAYOR OF THE CITY OF ZVrAHEIM
ATTEST
� a:2
CITY CLERK OF E CI OF ANAHEIM
0028238.01
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing urgency
Ordinance No. 5655 was duly passed and adopted at a regular meeting of the City Council of the City
of Anaheim held on the 27th day of October, 1998 by the following vote of the members thereof:
AYES: MAYOR/COUNCIL MEMBERS:
NOES: MAYOR/COUNCIL MEMBERS
ABSENT: MAYOR/COUNCIL MEMBERS:
McCracken, Tait, Zemel, Lopez, Daly
None
None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5647 on
the 27th day of October, 1998.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 27th day of October, 1998,
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original of Ordinance No. 5655 and was published once in the North County News on the 5th day of,
November, 1998.
CITY CLERK OF THE CITY OF ANAHEIM