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4079FOLLOWS: ORDINANCE N0. 4079 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 18.89 TO TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING OF ADULT ENTERTAINMENT. BUSINESSES. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That new Chapter 18.89 be, and the same is hereby, added to Title 18 of the Anaheim Municipal Code to read as follows: "CHAPTER 18.89 ADULT ENTERTAINMENT BUSINESSES 18.89.010 PURPOSE. The City Council finds that 'adult entertainment' businesses, because of their very nature, are recognized as having objectionable operational char- acteristics, particularly when several of .them are con- centrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. Special regulation of these businesses is necessary to insure that these adverse .effects will not contribute to the blighting or downgrading of the surrounding neighbor- hoods. 'The primary purpose of the regulation is to prevent ,the concentration or clustering of these busi- nesses in any one area. 18.89.020. DEFINITIONS. .010 For purposes of this Chapter, the term 'Adult Entertainment Business' is hereby defined to in- clude the following described uses: A. 'Adult Book Store' - an establish- ment having as a substantial or significant portion of its stock in trade, books, magazines or other periodicals which are distinguished or characterized by their empha- sis on matter depicting, describing or relating to 'specified sexual activities' or 'specified anatomical areas' or an establishment with a segment or section de- voted to the sale or display of such material. -1- B. 'Adult Business' - either (1) any business which is conducted exclusively for the patron- age of adults, and as to which minors are specifically excluded from patronage thereat, either -by law or by the operators of such business except -any business licensed by the State Department of Alcoholic Beverage . Control; or (2) any business, other than those expressly specified in this ordinance, where employees or patrons expose 'specified anatomical areas' or engage in 'spec- ified sexual activities'; or (3) any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing or relating to 'specified sexual activities' or 'specified anatomical areas' or (4.) any dance studio, photographic or modeling studio, or social club, other than those where clientele is composed solely of persons under eighteen (18) years of age. C. 'Adult Motion Picture Theater' - an enclosed building with a capacity of fifty or more persons used for presenting material distinguished or character- ized by an emphasis on matter depicting, describing or relating to 'specified sexual activities' or 'specified anatomical areas' for observation by patrons therein. D. 'Adult Mini Motion Picture Theater' - an enclosed building with a capacity for less than fifty persons used for presenting material distinguished or characterized by an emphasis on matter depicting or re- lating to 'specified sexual activities' or 'specified anatomical areas' for observation by patrons therein. E. 'Adult Hotel or Motel' - a hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, de- scribing or relating to 'specified sexual activities' or 'specified anatomical areas.' F. 'Adult Motion Picture Arcade' - 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 distin- guished or characterized by an emphasis on depicting or describing 'specified sexual activities' or 'specified anatomical areas.' G. 'Baths, Sauna Establishments' - any business or in Section 4.29.010 of the Anaheim -2- Baths, Massage establishment as defined Municipal Code. H. 'Cabaret' - a nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, 'go-go' dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an em- phasis on 'specified sexual activities' or 'specified anatomical areas.' I. 'Encounter Center' or 'Rap Studio' - any business, agency or person who, for any form of consi- deration or gratuity, provides a place where two or more persons may congregate, assemble or associate for the primary purpose of engaging in, describing or discussing 'specified sexual activities' or exposing 'specified ana- tomical areas.' J. 'Escort Bureau, Introduction Services' - any business or establishment as defined in Section 24.90.010 of the Anaheim Municipal Code. K. 'Figure Model Studio' - any business or establishment as defined in Section 4.31.010 of the Anaheim Municipal Code. .02.0 For purposes of this Chapter, the term 'Specified Sexual Activities" shall include any of the following: A. Actual or simulated sexual inter- course, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excre- tory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct:- analingus, buggery, coprophagy, coprophilia, cunnilingus, -fellatio, necrophilia, pederasty, pedo- philia,npiquerism, sapphism, zooerasty; or B. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or C. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or D. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or E. Masochism, erotic or sexually ori- ented torture,' beating or the infliction of pain; or -3- F. Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or G. Human excretion, urination, menstru- ation, vaginal or anal irrigation. .030. For purposes of this Chapter, the term 'Specified Anatomical Areas' shall include any of the following: A. Less than completely and opaquely covered (1) human genitals or pubic region; (2) buttock or (3) female breast below a point immediately above the top of the areola; or B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. 18.89.030 CONDITIONAL USE PERMIT REQUIRED. .010 Notwithstanding any other provision of the Anaheim Municipal Code to the contrary, no person shall establish, conduct, operate, or maintain any 'Adult Entertainment Business' as defined in Section 18.89.020 of this Code on any property in the City of Anaheim with- out having first obtained a conditional use permit there- for pursuant to the provisions of Chapter 18.03 of this Title. .020. Notwithstanding any other provision of the Anaheim Municipal Code to the contrary, no condi- tional use permit shall be granted by the City of Anaheim for any such 'Adult Entertainment Business' if the premises upon which such business is proposed to be located is: A. Within 500. feet of any lot zoned for residential use; or B. Within 1,000 feet of any lot upon which there is located a church,' or educational insti- tution utilized by minors; or C. Within 1,000 feet of any lot upon which there is located any other Adult Entertainment Business as defined in Section 18.89.020. of this Chapter. .030 For purposes of Subsection .020 above, all distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point of the building or structure used as a part -4- of the premises where said Adult Entertainment Business is conducted to .the nearest property line of any lot or premises zoned for residential use, or to the nearest property line of any lot -or premises of a church or edu- cational institution utilized by minors, or to the near- est point of any building or structure used as a part of the premises of any other Adult Entertainment Business. 18.89.040 NONCONFORMING ADULT ENTERTAINMENT BUSINESSES. All Adult Entertainment Businesses, as defined in Section 18.89.020 of this Code, which were lawfully in existence on the effective date of this Chapter and which were rendered nonconforming thereby shall be discontinued or be brought into full compliance with the provisions of this Chapter within one year from the effective date of this Chapter provided, however, that said period of abatement may be extended for an addi- tional period of time not to exceed two additional years upon a determination by the granting body that such exten- sion is reasonably necessary to -prevent undue hardship. 18.89.05.0 VIOLATION AND PENALTY. .010. Every person, whether acting as an individual owner, employee of the owner, operator or employee 'of the operator, or whether acting as a mere helper for the owner, employer or operator, or whether acting as a participant or worker who in any way operates, manages or conducts any Adult Entertainment Business as defined in Section 18.89.02.0.without first obtaining a conditional use permit from the City of Anaheim or who shall violate any provisions of this Chapter, shall be guilty of a misdemeanor. Any person violating any of the provisions of this Chapter shall be fined not less than One Hundred Dollars ($100.00) for each offense. Each day such violation shall continue shall be regarded as a separate offense. .020 Any establishment operated, conducted or maintained contrary to the provisions of this Chapter is unlawful and a public nuisance, and the City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder,'commence an action or actions, proceed- ing or proceedings for the abatement, removal and enjoin - merit thereof, in the manner provided by law and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such establishment or activities defined in Section 18.89.020 and restrain and enjoin any person from operating, conducting or maintaining such an estab- lishment contrary to the provisions of this Chapter." -5- SECTION 2. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this chap- ter of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent .of the Council that it would have passed all other portions of this chapter independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 3. SAVINGS CLAUSE. Neither the adoption of this ordinance nor the repeal or amendment hereby of any other ordinance of this City shall- in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordi- nance provisions previously adopted by the City relating to the same subject matter, shall -be construed as restatements and contin- uations, and not as new enactments. SECTION 4. The City Clerk shall certify to the passage of this or- dinance and shall cause the same to be printed once within fifteen (1.5) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City, of Anaheim this 20th day(If November, 1979. ATTEST: L D el -A 2 0 � S we�,. CIT CLEi. RK OF TH CITY OF ANAHEIM JLW: fm -6- STATE OF CALIFORNIA. ) COUNTY -OF ORANGE ) ss: CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City -Clerk of-the'City.of'Anaheim, do heteby:.ceitify that the'foregoing-Ordinance No:'4079-was introduced'.at a.regulat.meeting of the'City Council of-the.City-of-Anandim,-held-on'.the.13th.day of November; 1979, and that the'same was'duly passed'.and.adopted at a regular -meeting of said City Council held on'the 20th day.of'November; 1979, by:.the'.following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Roth AND I FURTHER.CERTIFY that the Mayor..of the'.City.of'Anaheim signed said Ordinance No. -4079 on'the'20th-day-of'.November; 1979. IN WITNESS WHEREOF, I have hereunto_set'my-hand and affixed.the'official seal of the City-.of'Anaheim thi.s-20th:day of'November; 1979. CITY. ERK.OF.THE.CI -OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4079 and was published once in the Anaheim Bulletin on the 4th day of December, 1979. CITY CLE