ORD-17-82 URGENCY MEASURE TO CONT TO PROHIBIT INSTALLATION OR ESTABLISHMENT OF DRUG PARAPHERNALIA STORES ADULT ONLY AS SET FORTH IN ORD-8-82ORDINANCE NO. 17-
82 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE ADOPTED AS AN URGENCY MEASURE
TO CONTINUE TO PROHIBIT THE INSTALLATION OR
ESTAB-LISHMENT OF CERTAIN DRUG PARAPHERNALIA STORES AN'
D ADULT ONLY ENTERPRISES AS A BUSINESS AS SET
FORTH IN PRIOR ORDINANCE NO.
8-82.WHEREAS, the City Council of the City of
Orange enacted Ordinance No. 8-82, an interim ordinance adopted
as an urgency measure to prohibit the installation or
establishment of certain drug paraphernalia stores and adult only
enterprises as
a business; and WHEREAS, said interim ordinance will terminate
in July, 1982,unless the City Council takes
further action; and WHEREAS, a proposed permanent ordinance is to
be considered by the City Planning Commission in
July, 1982; and WHEREAS, additional time is necessary
for said Planning Commission to consider the ordinance and for the
City Council to adopt or reject
said ordinance; and WHEREAS, the U.S. Supreme Court has
upheld the constitution-ality of a city regulating lIadult" uses by zoning
in Young v.American Mini
Theatres, Inc.; and 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 are socially unhealthful and not in the best interests of
the communitYi 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
serious offenses; 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 deter-mined 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 confonmity
with all existing laws and ordinances of the City as well as
approval of a Conditional Use Permit in
the
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 prepar-
ation, and will soon be under consideration by the appropriate
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 adul t
only enterprises, will be relatively slight. Therefore, the
City Council finds that during the preparation and consideration
of an ordinance regulating the establishment of adult only enter-
prises, an interim ordinance imposing a temporary moratoriwn is
necessary to avoid substantially negating the effectiveness of
any proposed amendment to the adul t land use ordinance which
might be enacted in the near future.
Section II:
For purposes of this Ordinance, the following definition shall
apply: A. Adul t only enterprise means an adul t arcade I adult
bookstore, adult cabaret, adult motel, adult motion picture
theater, adult theater, drug paraphernalia store, massage parlor,
sexual encounter establishment, or any establishment restricting
admission to persons over eighteen years of age. Adult only
enterprise does not include establishments where the only adult
use is the sale of alcoholic beverages. .
B. Adult arcade; an establismnent 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
II specified sexual activi tie S" or
II specified anatomical areas."
C. Adult bookstore; an establishment which sells or offers for
sale instruments, 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 II
specified sexual activities" or "specified
anatomical areas."D. Adult cabaret; a nightclub, bar, restaurant
or similar establishment which regularly features live performance
which are characterized by the exposure of "specified anatomical
areasll or by "specified sexual activities", or films, motion
pictures, video cassettesl slides or other photographic reproductions
which are characterized by an emphasis upon the depiction or
description of specified sexual activities" or "specified
anatomical
areas. II E. Adult motel; a motel or similar
establishment offering public accomodations for any form of consideration \
vhich provides patrons with live performances which are characterized
by the exposure of "specified anatomical areas" or by "
specified sexual activitieslt, or with closed-
circuit television transmissions,films, motion pictures, video cassettes, slides
or other photo-graphic reproductions which are characterized
by an emphasis upon the depiction or description
of IIspecified sexual activities" or "
specified
anatomical
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 the total presentation time
is devoted to the showing of material which is characterized by an
emphasis upon the depiction or description of "specified sexual
activities" or "specified anatomical areas..
II
G.. Adult theater; a theater, concert hall, auditorium or similar
establishment which, for any form of consideration, regularly
features live performances which are characterized by the exposure
of "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 seq.
and/or 5.96.010 et seq.
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 entertainrrlent
businesses defined herein;
3) The addition of any of the adult entertainment
businesses defined herein to any other existing adult
entertainment business; or
4) The relocation of any such business.
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 manipulation
is administered by a medical practitioner, chiropractor,
acupuncturist, 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 considera tion, provides a place where two or more
persons may congregate, associate or consort in connection with
specified sexual activi ties" 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 activities set forth in (1) through (3) above.
Section III:
Notwithstanding any provisions 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 365 days from the
effective date of this Ordinance, 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.
3-
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, finds that: A. It is reasonably foresee-
able that an expiration of the moratorium might permit, incon-
sistent with the objectives and policies of the amendment to
the adult entertainn~nt ordinance, the further establishment
of adult only enterprises and any such activity thus permitted
might negate or undermine the effectiveness of any ordinance
which may be adopted.
B. Any burden on affected property owners caused by exten-
sion of the moratorium for 365 days is more than justified by
the necessity of avoiding the further establishment of adult
only enterprises which may negate the effectiveness of any
proposed ordinance.
C. The appropriate City departments and offices are exer-
cising due diligence to assure that an ordinance regulating the
establishnlent of adult only enterprises is being expeditiously
prepared and processed.
Section VI:
Any person who violates or causes or permits another person
to violate any provision or requirement of this Ordinance is
guilty of a misdemeanor and any such violation shall be punishable
by a 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 VII:
The reasons for the urgency of this Ordinance are as follows:
Business premises offering drug paraphernalia for sale or adult
only enterprises have demonstrated to the officials of this City
and nearby cities the problems which can result from the estab-
lishment 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 govern the establish-
ment of this type of business within the City at appropriate
locations. However, the enactment of permanent zoning regulationswillconsurnemanyweeks, at least, even though ini tia tion of su ch
permanent regulations is ordered by the City Council as of this
date.
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 entities
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
necessary to establish a permanent zoning ordinance to regulate
said 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 corrununity on or
after March 16, 1982.
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Section VIII:
If any provision or clause of this section or the applicationthereoftoanypersonorcircumstanceisl~ld to be unconstitu-
tional or otherwise invalid by any court of competent jurisdiction,
such invalidity shall not affect other section provisions, clauses
or applications thereof which can be implemented without the
invalid provision, clause or application thereof, and to this end
the provisions and clauses of this section are declared to be
severable. Therefore, pursuant to the procedures of Section
65858 of the Government Code, the City Council of the City of
Orange hereby enacts this Interim Ordinance as an urgency
measure in order to protect the public health, safety and
welfare during the deliberation and public hearings on the
question of the enactment of a permanent zoning ordinance
regulating the matters contained herein.
ADOPTED this 20th day of
ATTEST:
MA'~~/ 0- I?::#~City Cler of th~Ci of Orange
STATE OF CALIFORNIA
COUNTY OF ORANGE ss
CITY OF ORANGE
I, MARILYN J. JENSEN, City Clerk of the City of Orange,
California, DO HEREBY CERTIFY that the foregoing Ordinance
No. 17-82 was regularly introduced, reading in full was
waived,was read by Title, was passed and adopted at a regular
meeting of the City Council, City of Orange, California, held on
the 20th day of Julv , 1982, by the following vote, to
wit:AYES: COUNCILMEN: SMITH, BARRERA, ~~YOR BEAM
BEYER NOES: COUNCILMEN:
NONE ABSENT: COUNC ILMEN :
NONE ABSTAINS: COUNCILMEN:
PEREZ WITNESS my hand and seal this 21st day of Julv
1982.
Ma~~~/City Clerk of the City of
Orange