HomeMy WebLinkAboutMC-1058U
'...J Adopted:
Effective:
September 20. 1999
September 20. 1999
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ORDINANCE NO. MC-l058
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
3 5.14.120 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO APPEALS
INVOLVING ENTERTAINMENT-DANCES AND ADULT ENTERTAINMENT AND
4 DECLARING THE URGENCY THEREOF
5 WHEREAS, the City of San Bernardino, California has reviewed and analyzed numerous
studies, reports, articles, judicial decisions, and the experience and legislative findings of other
6 municipalities and counties in Southern California, and around the country concerning the impacts,
or "secondary effects" of Adult Businesses (as that term is defined in Chapter 19.06 of this Code)
7 that provide live erotic entertainment where the Performers are nude, partially nude, or clothed in
attire commonly referred to as pasties and a g-string; and
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WHEREAS, the Common Council has previously found that there are significant and serious
9 secondary effects from Adult Businesses that justify regulation to protect the public health, safety
and welfare; and
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WHEREAS, the Common Council has previously been presented with evidence of those
II secondary effects relating to zoning regulations; and
12 WHEREAS, in Barnes v. Glen Theaters (1991) 501 U,S, 560, the United States Supreme
Court found it to be constitutionally permissible to prohibit nudity, including public nudity in Adult
13 Businesses, in part due to the secondary effects associated with such public nudity in Adult
Businesses which secondary effects include, but are not limited to the increase in prostitution,
14 increase in sexual assaults, increase in the spread of sexually transmitted diseases and the increase
in criminal activity; and
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WHEREAS, in Haas v. County of San Bemardino (1999) 69 Cal. App. 4th 1019, the Court
16 of Appeal, Fourth Appellate District has determined that one appeal hearing only in which a hearing
officer is retained and paid for by the County of San Bernardino, under the facts of that case,
17 constituted a deprivation of the constitutional due process rights ofthe other party to a fair hearing;
and
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WHEREAS, even though the State Supreme Court has granted review of the appeal in the
19 Haas case, appeal(s) under the City's existing adult entertainment ordinance are anticipated in the
very near future.
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NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
21 SAN BERNARDINO DO ORDAIN AS FOLLOWS:
22 SECTION 1. Section 5.14.120 D and Section 5.14,120 E of Chapter 5.14 are hereby
23 amended to read as follows:
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"5.14.120
Appeal
D.
The Hearing Officer shall render his/ber decision within five days from the date of
26 the hearing. Said decision shall be sent by certified mail. Any applicant aggrieved by the decision
27 of the Hearing Officer shall have the right to appeal to the City Planning Commission, The right to
28 appeal to the City Planning Commission shall terminate upon the expiration of fifteen (15) days
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. '[1 MC-l058
I following the deposit of said decision by certified mail and advising the applicant of his or her right
2 to appeal such decision to the City Planning Commission. The appeal hearing before the City
3 Planning Commission shall be held within twenty (20) days ofthe receipt by the City Clerk of the
4 appeal request. The Planning Commission shall render its decision within fourteen (14) days from
5 the date of the hearing. The decision of the Planning Commission shall be final and conclusive and
6 shall not be subject to appeal to the Mayor and Common Council. Pursuant to Code of Civil
7 Procedure Section 1094.6, any action to review the decision ofthe Planning Commission shall be
8 commenced not later than the ninetieth day after the Planning Commission's decision is rendered,
9 E. The Planning Commission shall take all lawful steps to insure than any applicant
10 aggrieved by its decision shall be afforded prompt judicial review of said Planning Commission's
11 decision."
12 SECTION 2. Ur~ency. This urgency ordinance shall take effect immediately in order
13 to preserve the public peace, health, and safety. It is necessary that this ordinance take effect
14 immediately to safeguard the City's ordinances from potential Constitutional challenges in light of
15 a recent court decision relating to the appeal hearing process of denied or revoked permits.
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.' II MC-l058
I ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
5.14.120 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO APPEALS
2 INVOLVING ENTERTAINMENT-DANCES AND ADULT ENTERTAINMENT AND
DECLARING THE URGENCY THEREOF
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a j oint regular
meeting thereof, held
15 ~ c-1td !,;; ~A--k-
~ CITY CLERK
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17 The foregoing Ordinance is hereby approved 's(;2kdaYOf September ,1999.
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mTH V ALLES, Mayor
ity of San Bernardino
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20 Approved as to form
and legal content:
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By:
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