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5386f1 ORDINANCE NO. 5386 AN ORDINANCE OF THE CITY OF ANAHEIM ADOPTING AN INTERIM MEASURE PROHIBITING CERTAIN USES OF PROPERTY WHICH MAY BE IN CONFLICT WITH A ZONING PROPOSAL THE CITY IS STUDYING OR INTENDS TO STUDY AND DECLARING THAT THIS ORDINANCE IS AN URGENCY MEASURE WHICH SHALL TAKE IMMEDIATE EFFECT. WHEREAS, the City of Anaheim has heretofore adopted a zoning code containing zoning regulations and restrictions for the City of Anaheim as codified in Title 18 of the Anaheim Municipal Code (hereinafter the "Zoning Code"); and WHEREAS, certain portions of said Zoning Code provide for the zoning regulation of adult entertainment businesses as such term is defined in Section 18.89.020 of the Anaheim Municipal Code (hereinafter "Adult Entertainment Businesses"); and WHEREAS, on July 12, 1993, the United States District Court, Central District of California, entered its judgment in the case of Sandra Dease, d/b/a the Wounded Knee Saloon v. the City of Anaheim, Case No. CV 93-1712 RG (Sx), finding unconstitutional certain provisions currently contained in the Zoning Code relating to Adult Entertainment Businesses; and WHEREAS, as a result of said court decision, the City is studying or intends to study and consider the adoption of a zoning proposal concerning possible amendments to the Zoning Code relating to the regulation of Adult Entertainment Businesses in the City of Anaheim (hereinafter the "zoning proposal"); and WHEREAS, to protect the public safety, health and welfare, the City Council adopts this interim ordinance as an urgency measure to prohibit any uses as hereinafter provided which may be in conflict with the aforesaid zoning proposal prior to its consideration by the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. Notwithstanding any provision of the Anaheim Municipal Code to the contrary, no permit or entitlement of any nature whatsoever shall be issued by the City of Anaheim for the commencement, establishment, expansion or modification of any Adult Entertainment Business, as hereinafter defined, during the period this ordinance is in effect. 6 SECTION 2. No person or entity shall commence, establish, operate, maintain, or engage in any Adult Entertainment Business, as hereinafter defined, whether as an owner, operator, manager, employee, performer, volunteer, or otherwise, upon any property within the City of Anaheim during the period this ordinance is in effect. SECTION 3. EXEMPTIONS The provisions of this ordinance shall not apply to any Adult Entertainment Business, as hereinafter defined, which lawfully existed within the City of Anaheim immediately prior to the date of adoption of this Ordinance; provided, however, no such lawfully existing use shall be expanded or enlarged during the period this ordinance is in effect. SECTION 4. DEFINITION OF ADULT ENTERTAINMENT BUSINESS. The term "Adult Entertainment Business" as used in this Ordinance shall have the meaning set forth in Section 18.89.020 of the Anaheim Municipal Code. SECTION 5. EFFECTIVE DATE OF ORDINANCE. This Ordinance shall take effect immediately as an urgency measure and shall remain in effect for a period of 45 days after the date of this adoption, or until sooner repealed, unless extended by the adoption of a subsequent ordinance in the manner provided by law. SECTION 6. PENALTY FOR VIOLATION. Any violation of this ordinance shall be a misdemeanor punishable as set forth in Section 1.01.370 of the Anaheim Municipal Code. SECTION 7. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this Ordinance, hereby adopted, be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 8. 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 A urgency are as follows: 1. On July 12, 1993, a decision of the United States District Court declared certain provisions of the Zoning Code relating to Adult Entertainment Businesses unconstitutional; and 2. The City is studying or intends to study a zoning proposal concerning the possible amendment of the Zoning Code relating to Adult Entertainment Businesses; and 3. Prior to the completion of such study and the possible adoption of such zoning proposal, the City may receive applications for certain permits or licenses, or certain uses may be proposed or established within the City of Anaheim, which conflict with such zoning proposal; and 4. Unless this Ordinance is adopted as an urgency measure, Adult Entertainment Businesses may be established at certain locations within the City of Anaheim prior to the completion, consideration and possible adoption by the City Council of the zoning proposal referred to herein which uses or locations may conflict with said zoning proposal and be detrimental to the public safety, health and welfare. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 20th day of July, 1993. MAYOR OF THE"CITYOF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM i 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. 5386 was duly passed and adopted at a regular meeting of the City Council of the City of Anaheim held on the 20th day of July, 1993 and after reading of the ordinance by the City Attorney by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Pickier, Simpson, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hunter AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5386 on the 21st day of July, 1993. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 21st day of July, 1993. �'� S;. -At R— * 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. 5386 and was published once in the Anaheim Bulletin on the 30th day of July, 1993. i CITY CLERK OF THE CITY OF ANAHEIM