4063ORDINANCE NO. 4063
AN ORDINANCE OF THE CITY OF ANAHEIM TEMPORAR-
ILY PROHIBITING THE ESTABLISHMENT OR LICENSING
IN THE CITY OF ANAHEIM OF "ADULT ENTERTAINMENT"
BUSINESSES, AS DEFINED HEREIN,.DECLARING THE
URGENCY THEREOF, AND DECLARING THATTHIS ORDI-
,�-1 NANCE SHALL TAKE EFFECT IMMEDIATELY.
FOLLOWS:
THE CITY COUNCIL OF THE CITY. OF ANAHEIM DOES ORDAIN AS
SECTION 1.- PURPOSE
The findings of studies made by various cities through-
out the country indicate that the proliferation and concentration
of certain "adult- entertainment" businesses in cities tends to
result -in the blighting and deterioration of the areas of such'
proliferation and concentration. Accordingly, it is necessary
that these businesses be regulated in sucha manner as to prevent
the continued erosion of the character of the affected neighbor-
hoods. Pending further study of these deleterious effects: and the
development -and adoption of appropriate remedial regulations, it is
necessary to prohibit, on an interim basis, the establishment or
licensing of such "adult entertainment" businesses within the City.
of Anaheim so as to -avoid substantially negating the ultimate ef-
fect -of such -'remedial regulations.
SECTION 2.. DEFINITIONS
A. As used in this ordinances -the terms "Specified
Sexual Activities" and "Specified Anatomical Areas" shall mean as
follows:
1.' "Specified Sexual Activities" include any of
the following:
a. Actual or simulated sexual intercourse,
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
excretory 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., pedophilia, piquerism, sapphism, zooerasty;
or
b.' Clearly depicted human genitals in a state
of sexual stimulation, arousal or tumescehee;.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
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e. Masochism, erotic or sexually oriented tor-
ture, beating or the .infliction of pain; or
f. Erotic or lewd touching, fondling or other
sexually oriented contact with an animal by a human being; or
g. Human excretion, urination, menstruation,
vaginal or anal irrigation.
.2. "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 tur-
gid state,' even if completely and opaquely covered.
B. For purposes of this ordinance, the "adult enter-
tainment".businesses listed in Section 3 hereof are defined as
follows:
1. "Adult Book Store" - an establishment having
as a substantial or significant portion of its stock in trade,
books, magazines or other periodicals which are distinguished or
characterized by their emphasis on matter depicting, describing
or relating to "specified sexual activities" or "specified ana-
tomical areas" or an establishment with a segment or section de-
voted to the sale or. display of such material.
2.. "Adult Business" - shall mean either (1) any
business which is conducted exclusively for the patronage of
adults, and as to which minors are specifically excluded from pat-
ronage thereat, either by law or by the operators of such business;
or (2.) any business, other than those expressly specified in this
ordinance, where employees or patrons expose "specified anatomical
areas" or engage .in "specified sexual activities"; or (3) any other
business or establishment which 'offers -its patrons services or
entertainment characterized by an emphasis on matter depicting,
describing, discussing or relating to. "specified sexual activities"
or "specified anatomical areas," including, but not limited to.,
adult dance studios, social clubs, rap studios and adult photo,
studios which meet' -such definition.
3. "Adult Motion Picture Theater" - an enclosed
building with a capacity of fifty or more persons used for present-
ing 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 therein.
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4. "Adult Mini Motion Picture Theater" - an en-
closed building with a capacity for less than fifty persons used
for presenting material distinguished or characterized by an
emphasis on matter depicting or relating, to "specified sexual
activities" or "specified anatomical areas" for observation by
patrons therein.
5. "Adult Hotel or Motel" - a hotel or motel
wherein material is presented which is distinguished or character-
ized by an emphasis on matter depicting, describing or relating to
"specified sexual activities" or "specified anatomical areas."
6. "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 dis-
played are distinguished or characterized by an emphasis on depict-
ing or describing "specified sexual activities" or "specified
anatomical areas."
7. "Baths, Sauna Baths, Massage Establishments" -
any business or establishment as defined in Section 4.29.010 of
the Anaheim Municipal Code.
8. "Cabaret" - a nightclub, theater or other es-
tablishment 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 emphasis on "specified sexual activities" or
"specified anatomical areas."
9-. "Encounter Center" - any business, agency or
person who, for any form of consideration or gratuity, provides a
place where two or more persons may congregate, assemble or asso-
ciate for the primary purpose -of engaging in, describing or
discussing "specified sexual activities" or exposing "specified
anatomical areas."
10. "Escort Bureau, Introduction Services" - any
business or establishment as defined in Section 4.90.010 of the
Anaheim Municipal Code.
11. "Figure Model Studio" - any business or estab-
lishment as defined in Section 4.31.010 of the Anaheim Municipal
Code.
SECTION 3. PROHIBITION
For a period of four (4) months, or until such time as
a permanent "adult entertainment" zoning ordinance is adopted and
takes effect, whichever should first occur, no person shall cause
or permit the establishment of, and no business license, conditional
use permit,. or other entitlement shall be issued by the City of
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Anaheim for, any of the following "adult 'entertainment" businesses
as defined in Section 2 hereof: Adult Book Store, Adult -Busines:s,
Adult Motion Picture Theater, Adult Mini Motion Picture. Theater,
Adult Hotel or Motel, Adult Motion PictureArcade,.Bath, Sauna Bath,
Massage Establishment,. Cabaret, Encounter Center, Escort Bureau,.
Introduction Service, or Figure Model. -Studio.
The "establishment":of any "adult .entertainment ".business
shall include the opening of such business as a new business, the
relocation of such business, or the conversion of an existing busi-
ness location to -any of the uses described in Section 2 hereof.
Nothing contained in this ordinance shall be deemed to.
permit or authorize the continued. existence of any "adult enter-
tainment".business as defined in Section 2 hereof which business
was not lawfully existing within the City of Anaheim on the date
of adoption of this ordinance.
SECTION 4.. PENALTY FOR VIOLATION
Violation of this ordinance is a misdemeanor punishable
by a fine not exceeding Five Hundred Dollars -($500..00)9 or by im-
prisonment not exceeding six (6) months, or by both such fine and
imprisonment. Each day during any portion of which any violation
of this ordinance is committed, permitted or continued shall con-
stitute a separate offense. In addition, any violation of this
ordinance :shall be .deemed a public nuisance.
SECTION 5. DECLARATION OF URGENCY
This ordinance is an emergency measure and is urgently
required -for the immediatepres.ervation of the public health,
safety or welfare by halting the further proliferation and concen-
tration of such businesses. The proliferation and concentration
of such businesses has demonstrably resulted in an increase of
criminal activity in the affected areas and has further had a
blighting and degrading effect on the surrounding neighborhoods.-
In'order that the continued deterioration of these areas of the
City not occur while the appropriate. permanerit- regulations -are .
being developed and adopted, it is necessary that this interim
ordinance take effect 'immediately.
SECTION 6. SEVERABILITY
If any word, phrase, sentence, provision or clause of
this ordinance or the application thereof to any person or circum-
stance is held to, be unconstitutional or otherwise invalid by any
court of competent jurisdictions such invalidity shall not :affect
..-� other ordinance provisions or clauses or applications thereof
which can be implemented without the 'invalid provision, clause or
application, and to this -end the provisions and clauses -of .this
ordinance 'are declared to.be severable.
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SECTION 7.
The City Clerk shall certify to the passage of this or-
dinance and shall cause the same to be printed once within fifteen
(15) days after its adoption in the Anaheim Bulletin, a newspaper
of general circulation, printed, published and circulated in said
City, and immediately upon and after its- passage, it shall take
effect and be in full force.
THE FOREGOING ORDINANCE
City Council of the City of Anahe
ATTEST:
ITY LERK OF THE OITY OF ANAHEIM
JLW:fm
Mc
STATE -OF CALIFORNIA. )
COUNTY OF ORANGE
CITY OF ANAHEIM )
I, LINDA:D..ROBERTS,' City Clerk ..of'.. the'. City -..of Anaheim, do- hereby:.certify .that
the'foregoiag Ordinance:No::•4063-was.introduced'-and..adopted'.at a.regulat.meeting
of the City. Council of'. the' City.of'Anaheim . held -on'.the" 16th-. day of: October','. 19'79,
by. the following vote. of'. the" members " thereof e
AYES: COUNCIL MEMBERS:,.Overholt, Kaywood; Bay, -Roth and Seymour
NOES: COUNCIL -MEMBERS: .None
ABSENT:. COUNCIL -MEMBERS:' None .
AND.I FURTHER_CERTIFY that.the'Mayor::of'.the City-.of'Anaheim approved and
signed. said -Ordinance:No:'.' 4063 .on.. the".:16th. day.,of' October','.. 1979. .
IN WITNESS' -WHEREOF,, I-have.hereunto.set`.my"hard-and.affixed'_the'.official seal
of the'. City -..of' Anaheim. this 46th-. day .of'.Octobet; ..1979.
CITY'.. CURK.-OF'. THE COW—OF'. ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify
that the foregoing Ordinance is the original of Ordinance No. 4063 and was
published once in the Anaheim Bulletin on the 26th day of October, 1979.
—cz;& .,J, $
CITY CLERK OF THE CITY OF ANAHEIM