HomeMy WebLinkAboutMC-942
Effective: July 6, 1995
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ORDINANCE NO.
MC-942
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
19.06, SECTION 19.06.030(2) (A) OF THE SAN BERNARDINO MUNICIPAL CODE
(DEVELOPMENT CODE) REGARDING ADULT BUSINESSES.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1. section 19.06.030(2) (A) of the Municipal Code
(Development Code) is amended to prohibit the establishment or
substantial enlargement of an adult business within 1,000 feet of
religious
institution
which
received
development
permit
any
approval before December 19, 1994; all other provisions of section
19.06.030(2) (A) remain unchanged including the requirement that
adult businesses are only permitted in the Ch and IL land use
districts.
The development standards of section 19.060.030(2) (A) of the
is hereby amended to read as
Development Code
follows
(see
Attachment
Development
A,
Code
Pages
11-91-93,
attached
and
16 incorporated herein by reference) :
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"14.
Development Standards.
The following standards shall
apply to adult businesses:
Prohibition.
It is unlawful to cause or permit the
1.
establishment or substantial enlargement of an adult arcade, adult
bookstore, adult cabaret, adult motel, adult motion picture
theater, adult theater, massage parlor or sexual encounter
establishment within 2,000 feet of another such business or within
1,000 feet of any religious institution which received development
permit approval before December 19, 1994, any school or any public
park within the City or within 1,000 feet of any property
designated for residential use or used for residential purposes.
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MC-942
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AN ORDINANCE. . . AMENDING
19.06.030(2) (A) OF THE SAN BERNARDINO
CODE) REGARDING ADULT BUSINESSES.
CHAPTER 19.06, SECTION
MUNICIPAL CODE (DEVELOPMENT
Adult Businesses are permitted subject to a CUP only in the CH and
IL land use districts."
I HEREBY CERTIFY that the foregoing ordinance was duly adopted
regular
meeting thereof, held on the
5th
by the Mayor and Common Council of the City of San Bernardino at a
day of
June
, 1995, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
NEGRETE X
CURLIN X
HERNANDEZ X
OBERHELMAN X
DEVLIN X
POPE-LUDLAM --1L-
MILLER --1L-
(;),~ ~
~ Clark, City Clerk
The foregoing ordinance is hereby approved this
of
.Tllnp
, 1995.
~J'
~~_/~ft~
T6m Minor, Mayor
City of San Bernardino
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Approved as to form
and legal content:
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2
JAMES
City
((;h , day
,
MC-942
COMMERCIAL DISTRICTS - 19.06
ATTACHMENT "A"
2. LAND USE DISTRICT SPECIFIC STANDARDS
In addition to the general development requirements contained in Chapter 19.20 (Property
Development Standards), the following standards shall apply to specific commercial land
use districts. (See Table 06.03 on previous page.) For residential uses in commercial
land use districts, see Table 4.03 and the standards contained in Chapter 19.04.030(2).
A. ADULT BUSINESSES
Adult businesses are permitted, subject to a Conditional Use Permit, only in the
CH and IL land use districts. For the purposes of this Section, the following
definitions shall apply:
1. Adult Arcade. An establishment where, for any form of consideration,
one or more motion picture projectors, slide projectors or similar
machines, for viewing by 5 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. II
2. Adult Bookstore. An establishment which has as a substantial portion of
its stock-in-trade and offers for sale for any form of consideration any I
or more of the following:
a. 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 "specified anatomical areas"; or
b. Instruments, devices or paraphernalia which are designed for use
in connection with "specified sexual activities."
3. Adult Cabaret. Nightclub, bar, restaurant or similar establishment which
regularly 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 "specified
anatomical areas."
II-91
591
MC-942
COMMERCIAL DISTRICTS - 19.06
4. Adult Motel. A motel or similar establishment offering public
accommodations for any form of consideration which provides patrons
with closed-circuit television transmissions, 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."
5. 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."
6. 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. "
7. Establishment of an Adult Entertainment Business
Includes any of the following:
a. The opening or commencement of any such business as a new
business;
b. The conversion of an existing business, whether or not an adult
entertainment business, to any of the adult entertainment businesses
defined herein;
c. The addition of any of the adult entertainment businesses defined
herein to any other existing adult entertainment business; or
d. The relocation of any such business.
8. Massa~e 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, physical therapist or similar
professional person licensed by the State. This definition does not include
an athletic club, health club, school, gymnasium, reducing salon, spa or
similar establishment where massage or similar manipulation of the human
body is offered as an incidental or accessory service.
9. Sexual Encounter Establishment. An establishment, other than a hotel,
motel or similar establishment offering public accommodations, which, for
any form of consideration, provides a place where 2 or more persons may
congregate, associate or consort in connection with "soecified sexual
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MC-942
COMMERCIAL DISTRICTS - 19.06
activities" or the exposure of "specified anatomical areas." This definition
does not include an establishment where a medical practitioner,
psychologist, psychiatrist or similar professional person licensed by the
State engages in sexual therapy.
10. Specified Anatomical Areas. Includes any of the following:
a. Less than completely and opaquely covered human genitals, pubic
region, buttocks, anus or female breasts below a point immediately
above the top of the areola; or
b. Human male genitals in a discernibly turgid state, even if
completely and opaquely covered.
II. Specified Sexual Activities. Includes any of the following:
a. The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus or female breasts;
b. Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy;
c. Masturbation, actual or simulated; or
d. Excretory functions as part of or in connection with any of the
activities set forth in subdivisions a. through c. of this subsection.
12. Substantial Enlarl?-ement. The increase in floor area occupied by the
business by more than 10%, as such floor area exists on the effective date
of this Development Code.
13. Substantial Portion. For the purposes of subsection 2.A.2. of this section,
"substantial portion" shall mean 20% or more of the face value of the
stock in trade, or 20% of the floor area of the store, whichever is more.
MC-7997-2-91
14. Development Standards. The following standards shall apply to adult
businesses:
I. Prohibition. It is unlawful to cause or permit the establishment or
substantial enlargement of an adult arcade, adult bookstore, adult
cabaret, adult motel, adult motion picture theater, adult theater,
massage parlor or sexual encounter establishment within 2,000 feet
of another such business or within 1,000 feet of any religious
institution which received development permit approval before
December 19, 1994, any school or any public park within the City
or within 1,000 feet of any property designated for residential use
or used for residential purposes. Adult Businesses are permitted
subject to a CUP only in the CH and IL land use districts.
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