HomeMy WebLinkAboutMC-1059
'Adopt:ed:
Effect:ive:
Oct:ober 4, 1999
November 4, 1999
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ORDINANCE NO. MC-1059
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
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WHEREAS, the City of San Bernardino, California has reviewed and analyzed numerous
5 studies, reports, articles, judicial decisions, and the experience and legislative findings of other
municipalities and counties in Southern California, and around the country concerning the impacts,
6 or "secondary effects" of Adult Businesses (as that term is defined in Chapter 19.06 of this Code)
that provide live erotic entertainment where the Performers are nude, partially nude, or clothed in
7 attire commonly referred to as pasties and a g-string; and
8 WHEREAS, the Common Council has previously found that there are significant and serious
secondary effects from Adult Businesses that justify regulation to protect the public health, safety
9 and welfare; and
10 WHEREAS, the Common Council has previously been presented with evidence of those
secondary effects relating to zoning regulations; and
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WHEREAS, in Barnes v, Glen Theaters (1991) 501 U.S. 560, the United States Supreme
12 Court found it to be constitutionally permissible to prohibit nudity, including public nudity in Adult
Businesses, in part due to the secondary effects associated with such public nudity in Adult
13 Businesses which secondary effects include, but are not limited to the increase in prostitution,
increase in sexual assaults, increase in the spread of sexually transmitted diseases and the increase
14 in criminal activity; and
15 WHEREAS, in Haas v, County of San Bernardino (1999) 69 Cal. App. 4th 1019, the Court
of Appeal, Fourth Appellate District has determined that one appeal hearing only in which a hearing
16 officer is retained and paid for by the County of San Bernardino, under the facts of that case,
constituted a deprivation of the constitutional due process rights of the other party to a fair hearing;
17 and
18 WHEREAS, even though the State Supreme Court has granted review of the appeal in the
Haas case, appeal( s) under the City's existing adult entertainment ordinance are anticipated in the
19 very near future.
20 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DO ORDAIN AS FOLLOWS:
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SECTION 1. Section 5.14.120 D and Section 5,14.120 E of Chapter 5.14 are hereby
amended to read as follows:
"5.14.120
Appeal
D. The Hearing Officer shall render his/her decision within five days from the date of
the hearing. Said decision shall be sent by certified mail. Any applicant aggrieved by the decision
of the Hearing Officer shall have the right to appeal to the City Planning Commission. The right to
appeal to the City Planning Commission shall terminate upon the expiration of fifteen (15) days
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, MC-l059
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 of the 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 of the 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."
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.. MC-l059
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
3 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a j oint regular meeting thereof, held on
5 the 4th day of October
6 Council Members:
, 1999, by the following vote, to wit:
AYES
NAYS
7 ESTRADA
8 LIEN
9 MCGINNIS
10 SCHNETZ
II (VACANT)
12 ANDERSON
13 MILLER
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The foregoing Ordinance is hereby approved thi
Approved as to form
20 and legal content:
21 JAMES F. PENMAN
City Atto ey
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ABSTAIN
ABSENT
i?~tu~ ~. C-~
CITY CLERK
,1999.
/{ ( cc:/
ITH V ALLES, Mayor
of San Bernardino