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5346ORDINANCE NO. 5346 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.03.030 OF CHAPTER 18.03 BY ADDING SUBSECTION 18.03.030.037, AND AMENDING PARAGRAPHS C, D, E AND F OF SECTION 18.89.020 OF CHAPTER 18.89, OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE, CONCERNING ADULT USES. THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Section 18.03.030 of Chapter 18.03 of Title 18 of the Anaheim Municipal Code be, and it is hereby, amended by adding thereto a new subsection 18.03.030.037 which subsection 18.03.030.037 shall read as follows: 11.037 Notwithstanding any other provision of this Chapter, a conditional use permit shall be granted by the City Council or Planning Commission, as the case may be, for any use which consists essentially of dissemination of information or other speech or expression protected by the First Amendment to the United States Constitution, unless the information submitted by the applicant and/or presented at the public hearing substantiates one or more of the following findings: .03701 that the requested use at the proposed location will adversely affect the use of a church, temple, or other place used exclusively for religious worship, school, park, or playground in the vicinity of the proposed use; or .03702 that the requested use at the proposed location is insufficiently buffered in relation to residentially zoned areas within the immediate vicinity so as to adversely affect said areas; or .03703 that the exterior appearance of the structure will be inconsistent with the external appearance of commercial structures already constructed or under construction within the immediate neighborhood so as to cause blight or deterioration, or substantially to diminish or impair property values within the neighborhood; or .03704 that any one or more of the requirements of subsections .031 through .034 of this Section are not met. A The uses to which this subsection applies include, but are not necessarily limited to, sale or rental of books, periodicals, audiotapes or videotapes, and live or recorded theatrical or musical performances such as motion pictures, speaking, pantomime, singing or dancing, or any combination thereof, before an audience." SECTION 2. That Paragraph C of Section 18.89.020 of Chapter 18.89 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "C. 'Adult Theater.' An enclosed building with a capacity of fifty or more persons, regularly used for presenting material of which a substantial portion is distinguished or characterized by an emphasis on matter depicting, describing or relating to 'specified sexual activities' or 'specified anatomical areas' for observation by patrons therein." SECTION 3. That Paragraph D of Section 18.89.020 of Chapter 18.89 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "D. 'Adult Mini -Theater.' An enclosed building with a capacity for fewer than fifty persons, regularly used for presenting material of which a substantial portion is distinguished or characterized by an emphasis on matter depicting or relating to 'specified sexual activities' or 'specified anatomical areas' for observation by patrons therein." SECTION 4. That Paragraph E of Section 18.89.020 of Chapter 18.89 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "E. 'Adult Hotel or Motel.' A hotel or motel wherein material is regularly presented of which a substantial portion is characterized by an emphasis on matter depicting, describing or relating to 'specified sexual activities' or 'specified anatomical areas."' SECTION 5. That Paragraph F of Section 18.89.020 of Chapter 18.89 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 2 '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 a substantial portion of the images regularly displayed are distinguished or characterized by an emphasis on depicting or describing 'specified sexual activities' or 'specified anatomical areas."' SECTION 6. SEVERABILITY 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, 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 ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 7. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal 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 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. THE FOREGOING ORDINANCE is approved and adopted by the - City Council of the City of Anaheim this 5th day of January, 1993. 1 MAYOR T TY OF r EIM ATTEST: �0 0 *J044 4, - 0 W� CITY CL RK OF T CITY OF ANAHEIM 033ADULT.14 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5346 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 15th day of December, 1992, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 5th day of January, 1993, by the following vote of the members thereof: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS: Feldhaus, Hunter, Pickier, Simpson, Daly None None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5346 on the 6th day of January, 1993. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 6th day of January, 1993. ,0/;*r 0 A ASSISTANT CITY CLERK ff THE CITY OF ANAHEIM (SEAL) I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5346 and was published once in the Anaheim Bulletin on the 14th day of January, 1993. �.' '0' ASSISTANT CITY CLER �THE�CITYOF ANAHEIM