ORD-08-82 URGENCY MEASURE TO PROHIBIT THE INSTALLATION OF CERTAIN DRUGORDINANCE NO. 8-
82 AN INTERIM ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ORANGE ADOPTED AS AN
UR-GENCY MEASURE TO PROHIBIT THE
INSTALLATION OR ESTABLISHMENT OF CERTAIN DRUG
PARAPHER-NALIA STORES AND ADULT ONLY ENTERPRISES
AS A
BUSINESS.WHEREAS, the U.s. Supreme Court has upheld the
constitution-ality of a City regulating the sale of drug paraphernalia
and banning the sale of drug paraphernalia to minors in the case
of village of Hoffman Estates v. Flipside Hoffman Estates Inc.;
and WHEREAS, the experiences of the Orange Police Department
and other police departments are that drug paraphernalia stores
and adult only enterprises often create conditions which aresociallyunhealthfulandnotinthebestinterestsofthecommunity;
and WHEREAS, said enterprises contribute to criminal or
anti-social behavior such as drug use, loitering, malicious
mischief,disturbing the peace, sex related crimes, and other even
more ser ious 0 ffenses;
and WHEREAS, said conditions and resulting behavior create
an undesirable influence on young children and an adverse impact
on surrounding businesses and nearby residential areas;
and WHEREAS, the City has received numerous applications
to operate such businesses on premises adjacent to
occupied residential property, schools and churches;
and WHEREAS, the City Council of the City of Orange has
determined that zoning regulation and land use control is needed to
ensure that such use is established only at appropriate locations in
the City of Orange;
and WHEREAS, the City Council has determined that such use
should be established only after conformity with all existing laws
and ordinances of the City as well as approval of a Conditional
Use Permit in the C-
2 District.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ORANGE DOES ORDAIN
AS FOLLOWS:
Section I:The City Council of the City of Orange has
determined that there is a substantial risk of the establishment of
adult only enterprises at the locations near occupied
residential property,schools and churches before the Council will have
its earliest opportunity to consider fully ordinances regulating
the location of such enterprises. Such an ordinance is
currently in preparation, and will soon be under consideration by
the appro-priate legislative bodies of the City and the burden
imposed on adult only enterprise operators, by the enactment of
an interim ordinance imposing a moratorium on the establishment of a~
ult only enterprises, will be relatively slight. Therefore,
the C1ty Cou~cil finds that during the preparation and consideration ~
f an ordlnance regulating the establishment of adult
only enterprlses,an interim ordinance imposing a temporary moratorium
is necessary to avoid SUbstantially negating the effectiveness of
any proposed amendment to the adult land use ordinance which might
be enacted in the near
Section II:
For purposes of this Ordinance, the following definition shall
apply: A. Adult only enterprise means an adult arcade, adult
bookstore, adult cabaret, adult motel, adult motion picturetheater, adult theater, drug paraphernalia store, massage parlor,sexual encounter establishment, or any establishment restrictingadmissiontopersonsovereighteenyearsofage. Adult onlyenterprisedoesnotincludeestablishmentswheretheonlyadult
use is the sale of alcoholic beverages.
B. Adult arcade; an establishment where, for any form of
consideration, one or more motion picture projectors, slide
projectors or similar machines, for viewing by five or fewer
persons each, are used to show films, motion pictures, video
cassettes, slides or other photographic reproductions which are
characterized by an emphasis upon the depiction or description of
specified sexual activities" or "specified anatomical areas."
c. Adult bookstore; an establishment which sells or offersforsaleinstruments, devices or paraphernalia which are intended
or designed for use in connection with "specified sexual activities,"
or which has a substantial portion of its stock-in-trade
and offers for sale for any form of consideration anyone or more
of the following: books, magazines, periodicals or other
printed matter,or photographs, films motion pictures, video cassettes,
slides or other visual representations which are characterized by
an emphasis upon the depiction or description of "specified
sexual activities"or "specified
anatomical areas".D. Adult cabaret; a nightclub, bar, restaurant
or similar establishment which regularly features live performances
which are characterized by the exposure of "specified anatomical
areas" Or by "specified sexual activities", or films, motion
pictures, video cassettes, slides or other photographic reproductions
which are characterized by an emphasis upon the depiction or
description of specified sexual activities" or "specified
anatomical areas."E. Adult motel; a motel or similarestablishmentofferingpublicaccomodationsforanyformofconsiderationwhichprovidespatronswithliveperformanceswhicharecharacterized
by the exposure of "specified anatomical areas" or by "
specified sexual activities", or with closed-
circuit television transmissions,films, motion pictures, video cassettes,
slides or other photographic reproductions which are characterized
by an emphasis upon the depiction or description of "
specified sexual activities"or
lfspecified anatomical areas."F. Adult motion picture theater;
an establishment where,for any form of consideration, films,
motion pictures, video cassettes, slides or similar photographic
reproductions are shown,and in which a substantial portion of thetotalpresentationtimeisdevotedtotheshowingofmaterialwhichis
characterized by an emphasis upon the depiction or description
of "specified sexual activities" or "
specified anatomical areas."G. Adult theater; a theater, concerthall, auditorium or similar establishment which, for any
form of consideration,regularly features live performances whicharecharacterizedbytheexposureof "specified anatomical areas" or by "
specified sexual activities."H. Drug paraphernalia store; an establishment
subject to the regulations of Orange Municipal Code Sections 5.57.010 et seg.and/or 5.96.
010
I. Establishment, as used in Section III hereof, the
establishment" of an adult only enterprise shall mean and include
any of the following:
1) The opening or commencement of any such business as
a new business;
2) The conversion of an existing business, whether or
not an adult entertainment business, to any of the adult
entertainment businesses defined herein;
3) The addition of any of the adult entertainment
businesses defined herein to any other existing adult entertain-
ment business; or
4) The relocation of any such business.
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J. Massage parlor; an establishment where, for any form of
consideration, massage, alcohol rub, fomentation, electric or
magnetic treatment, or similar treatment or manipulation of the
human body is administered, unless such treatment or manipulatIonisadministeredbyamedicalpractitioner, chiropractor, acupunc-turist, or physical therapist licensed by the State of
California.
K. Sexual encounter establishment; an establishment, (other
than a hotel, motel or similar establishment offering public
accomodations) or a privately owned or controlled structure which,
for any form of consideration, provides a place where two or more
persons may congregate, associate or consort in connection with
specified sexual activities" or the exposure of "specified
anatomical areas."
L. Specified anatomical areas, as used herein, "specified
anatomical areas" shall mean and include any of the following:
1) Less than completely and opaquely covered human
genitals, pubic region, buttocks, anus or female breasts below a
point immediately above the top of the areolae; or
2) Human male genitals in a discernibly turgid state,
even if completely and opaquely covered.
M. Specified sexual activities, as used herein, "specified
sexual activities" shall mean and include any of the following:
1) The fondling or other touching of human genitals,
pubic region, buttocks, anus or female breasts;
2) Sex acts, normal or perverted, actual or simulated,
including intercourse, oral copulation or sodomy;
3) Masturbation, actual or simulated; or
4) Excretory functions as part of or in connection with
any of the activites set forth in (1) through (3) above.
Section III:
Notwithstanding any provlslons of the Orange Municipal Code to
the contrary, no person shall cause or permit the establishment,
of an adult only enterprise in the City of Orange.
The above prohibition shall continue for a period of 180 daysfromtheeffectivedateofthisOrdinance, or until an ordinance
regulating the establishment and continued operation of an adult
only enterprise is considered by the City Planning Commission and
is thereafter adopted and becomes effective or is rejected by the
City Council, whichever first occurs.
Section IV:
The City Council, in an exercise of its legislative authority,
may grant relief, by resolution, from any or all of the provisionsofthisOrdinanceincasesofextremehardship. The denial of an
extreme hardship exemption shall constitute a determination that
the hardship imposed on the applicant is no more than what is
necessary to fulfill the purposes of this moratorium Ordinance.
Section V:
The City Council, by resolution, may extend the prohibition insectionIIIhereofforanadditionalperiodnottoexceed180days, or until an ordinance regulating the establishment of adultsonlyenterprisesisconsideredbytheCityPlanningCommissionandisthereafteradoptedbytheCityCouncilandbecomeseffectivewhicheverfirstoccurs, provided it makes the following finding~:A. It is reasonably foreseeable that an expiration of themoratoriummightpermit, inconsistent with the objectives andpoliciesoftheamendmenttotheadultentertainmentordinance,the further establishment of adult only enterprises and any suchactivitythuspermittedmightnegateorunderminetheeffectivenessofanyordinancewhichmaybeadopted.B. Any burden on affected property owners caused by extensionofthemoratoriumfor180daysismorethanjustifiedbythenecessityofavoidingthefurtherestablishmentofadultonlyenterpriseswhichmaynegatetheeffectivenessofanyproposedordinance.
C. The appropriate City departments and offices are
exercising due diligence to assure that an ordinance regulatingtheestablishmentofadultonlyenterprisesisbeingexpeditiouslypreparedandprocessed.
section VI:
Any person who violates or causes or permits another person to
violate any provision or requirement of this Ordinance is guiltyofamisdemeanorandanysuchviolationshallbepunishablebya
fine of not more than $500 or by imprisonment in the County Jail
for a period of not more than six months, or by both such fine and
imprisonment.
Section VI I :
The reasons for the urgency of this Ordinance are as follows:
Business premises offering drug paraphernalia for sale or adults
only enterprises have demonstrated to the officials of this Cityandnearbycitiestheproblemswhichcanresultfromthe
establishment of such premises at inappropriate locations. The
City Council of the City of Orange desires to initiate the
enactment of permanent zoning regulations immediately to governtheestablishmentofthistypeofbusinesswithintheCityat
appropriate locations. However, the enactment of permanent zoning
regulations will consume many weeks, at least, even thoughinitiationofsuchpermanentregulationsisorderedbythe CityCouncilasofthisdate.
Numerous requests have been made for such businesses to
operate within 100 feet of occupied residences, schools and
churches. The danger exists that other persons, firms or en~ities
may seek to establish similar businesses prior to the effective
date of any permanent zoning ordinance to regulate this type of
bUsiness and during the time the Planning Commission and CityCounciloftheCityofOrangeareconductingpublichearings
ne~essary to establish a permanent zoning ordinan~e to regul~te
sald type of business. Therefore, the City CounCil of the City of
Orange finds it necessary to enact this Interim Ordinance as an
urgency measure to become effective immediately in order to ensure
that the aforementioned businesses are not established in
locations which may have an adverse impact on the cornwunity on or
after March 16, 1982.
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Section VIII:
If any provision or clause of this section or the applicationthereoftoanypersonorcircumstanceisheldtobeunconstitutional
or otherwise invalid by any Court of competent jurisdiction, such
invalidity shall not affect other section provisions, clauses orapplicationsthereofwhichcanbeimplementedwithouttheinvalid
provision, clause or application thereof, and to this end the
provisions and clauses of this section are declared to be
severable.
WITNESS my hand and seal this 17th day of March 1982.
Therefore, pursuant to the procedures of Section 65858 of the
Government Code, the City Council of the City of Orange herebyenactsthisInterimOrdinanceasanurgencymeasureinorderto
protect the public health, safety and welfare during the
deliberation and pUblic hearings on the question of the enactmentofapermanentzoningordinanceregulatingthematterscontainedherein.
ADOPTED this 16th day of 1982.
range
ATTEST:
o~~
1ty Cler of t6{e C~ of Orange
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ORANGE
I, MARILYN J. JENSEN, City Clerk of the City of Orange,California, DO HEREBY CERTIFY that the foregoing Ordinance No. 8-
82 was regularly introduced, reading in full was waived, was readbyTitle, was passed and adopted at a regular meeting of theCityCouncil, City of Orange, California, held on the 16th day
of Mrirrh , 1982, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:Barrera, Smith, Mayor Beam, Perez,
Beyer
None
None City Clerk of the City of
Orange
ORDINANCE NO. 9-
82 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING SECTIONS 17.44.010B,17.44.020 and 17.94.060 OF THE ORANGE
MUNI-CIPAL CODE TO PROHIBIT THE SALE OF
ALCOHOLIC BEVERAGES ON SAME PREMISES WHERE MOTOR
VEHICLE FUEL IS OFFERED FOR SALE AND TO RESCIND
AUTHOR-ITY TO GRANT CONDITIONAL USE PERMITS FOR
SAME.WHEREAS, the City Council has not been assured that thepublicinteresthasbeenadequatelyprotectedwiththepresentprocedurewhichrequiresthegrantingofaConditionalUsePermit
before liquor can be sold on the same premises where motor vehicle
fuel is offered for sale;
and WHEREAS, several public hearings have been held before
the Planning Commission and the City Council over the past twoyears;
and WHEREAS, on February 1, 1982, after a report by the staff
and a duly-noticed public hearing, the Planning
Commission recommended the adoption of an ordinance which would prohibit the
sale of alcoholic beverages on the same premises where motor
vehicle fuel is offered for sale and to rescind authority to
grant Conditional Use Permi ts for this
purpose; and WHEREAS, on March 9, 1982, after a report by the staff
and a dUly-noticed public hearing, the City
Council approved the recommendation of the Planning Commission and
directed the City Attorney to prepare an appropriate
ordinance for adoption.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY
OF ORANGE DOES
ORDAIN AS
FOLLOWS:Section I:A. Amend Section l7.44.0l0B of the Orange
Municipal Code by revising Subsection on liquor stores to
read as follows:Liquor stores; except that no
sale or delivery of any alcoholic beverage,
whether conducted in the C-l or any other
district, shall be per-mitted in any manner
whatsoever by any firm,person or entity
conducting a drive-in dairy or any
other drive-in operation or offers motor vehicle fuel
for sale on the same premises.B. Amend Section 17.44.020
of the Orange Municipal Code by rescinding Subsection L and
relettering Subsection
M to read Sub-section L.c. Amend Section 17.94.060
of the Orange