ORD-09-70 REQUIRING THE APPROVAL OF A CONDITIONAL USE PERMIT FOR THE SALE OF DISPLAY OF CERTAIN MATTER DESIGNATED FOR ADULTS ONLYORDINANCE NO, 9-
70 AN INTERIM AND URGENCY ORDINANCE OF THE
CITY OF ORANGE AMENDING SECTION 9114.01 OF
THE ORANGE MUNICIPAL CODE REQUIRING THE
APPROVAL OF A CONDITIONAL USE PERMIT FOR THE SALE
OR DISPLAY OF CERTAIN MATTER DESIGNATED
FOR ADULTS
ONLY,WHEREAS, there has developed in many nearbycom-munities surrounding the City of Orange busioessessellingbooks, photoRraphs and similar matter advertised
for Adults Only ;
and WHEREAS, the City Council of the City ofOrangeisoftheopinionthatsuchbusinessesinwhichalloranyportionofanybusinesspremisesisdevotedtothesale
or display of matter advertised for "adults only" should
be permitted within the city limits of the City of Orangeonlyifaconditionalusepermitisapproved ~ said
City.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY
OF ORANGE DOES ORDAIN AS
FOLLOWS:SECTION
I:Section 9114.01 of the Orange Municipal Code
shall be amended by adding the following as suhsection (
i):Section 9ll4.0l(
i)Any business establishment in which all, or
any portion, of said business premises is devoted
to the sale or display of any book,
magazine,newspaper, or other printed or written
material or any pic ture, drawing, photograph,
motion picture or other pictorial representation
or any statue or other figure, or any
recording,transcription, or mechanical, chemical
or electrical reproduction, or any other
articles,equipment, machines, or materials, which
afore-mentioned enumerated materials, by any means
or in any manner, are
either 1) in fact forbidden to be sold or
otherwise distributed to minors under the age
of twenty-one (21)
years, or 2)advertised as being forbidden to
be sold or otherwise distributed to
minors under the age of twenty-
one (
21) years,BE
be
effec tive thereof.IT FURTHER ORDAINED that
this ordinance shall for ninety (90) days from the
date
SECTION II:
The reasons for the urgency of this ordinance are
as follows:
Business premises have been established in many
areas adjacent to the City of Orange which premises are
devoted in whole, or in part, to the sale and display of
matter designated or advertised for display or sale to
adults only" or to persons at least eighteen (18) yearsofageorolder, The City of Orange is desirous of imme-
diately initiating the enactment of permanent zoning regu-lations to govern the establishment of these businesses
within the City of Orange in order to properly regulate the
establishment of such businesses within said City, However,
the enactment of permanent zoning regulations will take many
weeks, at least, even though the initiation of such permanent
zoning regulations is ordered by the City Council as of
February 10, 1970.
The danger exis ts that pers ons, firms, or entities
may seek to establish the aforementioned businesses within
the City of Orange prior to the effective date of any permanent
zoning ordinance designed to regulate the aforementioned types
of businesses and during the time the Planning Commission and
City Counc 11 of the City of Orange are holding the public
hearings necessary to establish a permanent zoning ordinance
to regulate said businesses, Therefore, the City Council of
the City of Orange finds it necessary to enact this ordinance
as an interim urgency ordinance effec tive immediately in order
to require persons, firms, or entities desiring to establish
the aforementioned businesses to do so only if they receive
the approval of the City of Orange by means of a conditional
use permit prior to the establishment of any such business
within the City of Orange on or after February 10, 1970,
Therefore, pursuant to the procedures of Sec tion
65858 of the Government Code, the City Council of the City
of Orange hereby enac ts this ordinance as an interim ordinance
in order to protect the public health, safety and welfare
prior to the enactment of a permanent zoning ordinance
regulating the matters contained herein,
ADOPTED this 10th day of February, 1970.
Ma1:;~~6!!;{
ATTEST:
2-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ORANGE )
I, EMILY L. WILSON, City Clerk of the City of Orange, California,
DO HEREBY CERTIFY that the foregoing ordinance was regularly introduced and
read and was passed and adopted at a regular meeting of the City Council, of
the City of Orange, held on the 10th day of February, 1970, by the following
vote:
AYES: COUNCILMEN: JORDAN, HOYT, PEREZ, SMITH
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: HILEMAN
WITNESS my hand and seal this 11th day of February, 1970.
SEAL)
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z.<. t~ '"' ..~,t:-<...C:~'.ZL ?C,I Emily7L.
Wilson City
Clerk
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
CERTIFICATE OF POSTING
r-
am I, EMILY L. WILSON, CITY CLERK , hereby certify
that that
on Barbara L. Sack,
Deputy February 12 , 19~, I posted a copy of
the hereinafter described public document, a copy of which
document so posted is attached hereto, made a part hereof, and
incor-porated herein as though fully set forth herein, at the
follow-ing
locations:L,,/ X (
1)cf~ X (
2)X(
3)The Orange Civic Center, 300 East
Chapman Avenue, Orange,
California.Orange Public Library, Main
Library,101 North Center Street, Orange,
California.United States Post Office, Main
Office,308 West Chapman Avenue, Orange,
California,W. O. Hart Memorial Park, 701 South
Glassell Street, Orange,
California,Initial at least three (3) places at
which posting
performed.)designated by Ordinance of the City of Orange as public
places
4)within the City of Orange for posting copies of the
aforementioned and described public
document.I certify under penalty of perjury that the
foregoing is true and
correct.12th day
of Executed in the City of Orange, California, on
the Ordinance No.
9-70 FClbruai:
y.{1970