ORD-32-82 REGULATES INSTALLATION OR ESTABLISHMENT OF CERTAIN DRUG PARAPHERNALIA STORES AND ADULT ENTERPRISES AS A BUSINESSORDINANCE NO. 32-
82 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE TO REGULATE THE
INSTALLATION OR ESTABLISHMENT OF CERTAIN DRUG
PARAPHERNALIA STORES AND ADULT ENTERPRISES AS A
BUSINESS.WHEREAS, the constitutionality of local zoning laws
regulating the establishm~nt of "adult uses" was upheld by the United
States Supreme Court ~n Young v. American Mini Theatres, Inc. 427
US 50 i
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 WlIEREAS, 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 community:
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 offensesi
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 vvHEREAS, the Ci ty Council of the City of Orange has d~
termined that zoning regulation and land use control is needed to ~
nsure that such use is established only at appropriate locations in
the City of Orangei
and WHEREAS, the City Council has determined tha~ s~ch use
should be established only after conformity with all ex~st~r;g.laws
and ordinances of the City as well as approval of a Cond~t~onal
Use Permit in the C-
2 District.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ORANGE DOES ORDAIN AS
E'OLLOWS:
Section I:Sections 17.04.040 and 17.04.180 of the Orange
Municipal Code and Subsections Band D of Section 17.46.020 of
the Orange Municipal Code are
hereby repealed.
Section II:Subsections Band D of Section 17.46.020 are hereby
added to the Orange Municipal Code to read
as follows:B.
D. Entertainment Establishment For th f h'II. · e purposes 0 t ~s
Sect~on, an enterta~~ent establislunent" is an establishment
which meets the follow~ng criteria:
1. Alcohol is sold on the premises.
2. There is live entertainment.
3. The audience consists of fifty (50) or more persons.
Because of the police problems relating to said use, a
conditional Use Permit shall not be issued unless a determination
can be reasonably made that such use is compatible with land uses
in the surrounding area. A Conditional Use Permit granted for
such use may be subject to any or all of the following conditions:
a. At least one licensed, uniformed security guard
must be provided for each fifty (50) people or fractional number
thereof.
b. The City of Orange Police Department must be
notified at least two weeks in advance of an event where an
audience of more than 100 people is anticipated. In the event
that an unanticipated audience of more than 100 people is present,
the Police Department must be notified.
c. Provision for insurance, including public
liability insurance. For the death or injury of people and
property damage and naming the City as an additional insured.
d. An agreement to indemnify and hold harmless
the City.
e. Review by the City of Conditional Use Permit
periodically to assure that no increase in police services is
required.
f. Such other conditions as the Planning
Corr~ission shall deem necessary to protect the public health,
safety and welfare.
Section III:
Section 17.46.070 is hereby added to the Orange Municipal
Code to read as follows:
17.46.070 Definitions.
t the following definitions shall
For purposes of this Chap er,
apply:
ns an adult arcade, adult bookstore,
A. Adul t enterpr~se mea .
d lt
adult cabaret adult motel, adult motion p~cture theater
l'
a u
massage parlor, sexuatheater, drug paraphernal~a store,
t . t' gtablishmentresr~c ~n
encounter establ~shment, or any es
f age Adult enter-
admission to persons over eig~teen yea~~ 0
the.onlyadultprisedoesnotincludeest~bl~shments w e~i or tobacco.
use is the sale of alcohol~c beverages an
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B. Adult arcadei 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.
1I
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 "
specified sexual activities" or IIspecified
anatomical
areas.1t D. Adult cabaret; a nightclub, bar, restaurant
or similar establishment which 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 Itspecified
anatomical areas."E. Adult motel; a motel or similar
establishment offering public accomodations for any form of consideration and
which features live performances which are characterized by the
exposure of specified anatomical areas" or by IIspecified
sexual activitiesll,or features closed-circuit television
transmissionsr, films', motion pictures', video cassettes, slides or
other photographic reproductions which are characterized by an emphasis upon
the depiction or description of IIspecified sexual
activities" or "
specified anatomical areas."F. Adult motion picture theateri
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 descriptipn
of "specified sexual activities" or "
specified anatomical areas."G. Adult theater; a theater, concert hall,
auditorium or similar establishment which, for any form of
consideration, 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:l) The opening or commencement
of any such business as
a
l/iliiii
2) The conversion of an existing business, whether or not
an adult entertair~ent 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
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 s1milar establishment offering public
accomodations) or a privately owned or controlled structure whic~,
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
genitalsr, pubic region:, buttocksf, anus or female breasts below a
point immediately above the top of the areolaei 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, buttocksi, anus or female breasts:
2) Sex actsi, 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 IV:
Section 17.46.080 is hereby added to the Orange Municipal Code
to read as follows:
17.46.080 Special Regulations. Notwithstanding any other
provisions of the Orange Municipal Code to the contrary, no
conditional use permit shall be granted by the City of Orange
for any such "adult enterprise" if the premises upon which such
business is proposed to be located is:
A. Within 500 feet of any lot zoned for residential use.
B. Within 1000 feet of any lot upon which there is located
any other adult enterprise as defined in Section 17.36.020 of
this Chapter.
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lI>1lIl<~lli!!i1iOlllllil11'1l!-
C.
Within lOOO feet of any public or private school, park,playground,
public building, or church.D.
Waiver of locational provision. Any property owner or his
authorized agent may apply to the Planning Commission for a waiver
of any locational provisions contained in this Section.The
Planning Corrnnission', after a public hearing, may waive any
location provision if the following findings are made:1)
That the proposed use will not be contrary to the public
interest or injurious to nearby properties', and that the
spirit and intent of this Section will be observed; and 2)
That the proposed use will not enlarge or encourage the
development of a "skid row" area.E.
Any adult enterprise, as defined in this Chapter,lawfully
in existence as of the effective date of this Ordinance,and
which has been determined to have a legal nonconforming status',
shall within three (3) years after the date of this Ordinance
terminate all aspects of such adult enterprise not in
compliance with the provisions of this Chapter.Section
V:If
any provision or clause of this section or the application thereof
to any person or circumstance is held to be unconstitu-tional
or otherwise invalid by any court of competent jurisdic-tion,
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.
Section
VI:A
summary of this Ordinance shall be published and a certified
copy of the full text of this Ordinance shall be posted
in the Office of the City Clerk at least five (5)days
prior to the City Council meeting at which this Ordinance is
to be adopted. A summary of this Ordinance shall also be published
once within fifteen (15) days after this Ordinance's passage
in the Orange City News', a newspaper of general circulatio~,
published and circulated in the City of Orange.The
City Clerk shall post in the Office of -the city Clerk a certified
copy of the full text of such adopted Ordinance along with
the names of those City Council members voting for and against
the Ordinance in accordance with Government Code section 36933.
This Ordinance shall take effect thirty days from and after
the date of its final passage.ADOPTED
this l.?+-< day of j,.:(,..~1982.
ATTEST:
City
Clerk ~
th Ci . of Orange 5-
JIil.
i\lJ;iII1IIil.:!ilir-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 was
introduced, at the regular meeting of the City Council held
on the 28th day of September:, 1982, and there-after
at a regular meeting of said City Council duly held on
the 12Th day of Octoher "!, 1982, was duly passed and
adopted by the following vote, to wit:AYES:
COUNCILMEN: BARRERA., MAYOR BEAM, PEREZ, ~R NOES:
COUNCILMEN: NO~lli ABSENT:
COUNCILMEN: NONE ABSTAIN:
COliNCILJY1EN: SMITH WITNESS
my hand and seal this 131:..'1-1 day of ~to:ber r, 1982.
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