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, CICt OF SAN BERNARD()O - REQUOT FOR COUNCIL ACjON
From:
Donald J. Burnett
Chief of Police
REe'O.-ADMIN,OFlSubject:
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Addition to Muni Code Section 19.46
Adult Entertainment
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Dept:
Police
Date:
September 2, 1987
Synopsis of Previous Council action:
Recommended motion:
Adopt ordinance adding section 19.46.060 to the San Bernardino Municipal Code
Contact person: Captain Michael Lewis
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, / Signature
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Phone: 384-5608
Supporting data attached: Yes
Ward:
FUNDING REQUIREMENTS: Amount:
Sou rce:
Finance:
Council Notes:
75-0262
Agenda Item No. c::::<?
, CICt OF SAN BERNARDOO - REQUr_}T FOR COUNCIL AC':'ON
STAFF REPORT
Existing codes do not regulate the physical configuration of viewing
areas in adult movie arcades. The closed viewing areas in adult arcades
are frequently used by patrons to engage in lewd and lascivious conduct.
The ordinance would diminish the possibility of sexual contact and reduce
the opportunity for the spread of infectious diseases related to such
activity.
Donald J. Burnett
Chief of Police
9-.J. -6'1
75-0264
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1 ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION
19.40.060 TO THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR AN
3 OPEN VIEWING AREA FOR ADULT ARCADES.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
5
6
SECTION 1. Section 19.40.060 is added to the San
7 Bernardino Municipal Code to read as follows:
8
9
"19.46.060 Viewing area.
(A) It is unlawful to maintain, operate or manage or
10 permit to be maintained, operated or managed any adult arcade in
11 which the viewing areas are not visible from a continuous main
12 aisle or are obscured by a curtain, door, wall or other
13 enclosure. For purposes of this section, viewing area means the
14 area where a patron or customer would ordinarily be positioned
15 while watching the performance, picture, show or film.
16
(B) It is unlawful for more than one person at a time to
17 occupy any individually partitioned viewing areas or booths.
18
(C) It is unlawful to create, maintain or permit to be
19 maintained any holes or other openings between any two booths or
20 individual viewing areas for the purpose of providing viewing or
21 physical access between the booths or individual viewing areas.
22
(D) Any adult arcade lawfully in existence prior to the
23 adoption of this section shall conform to the provisions of this
24 section within ninety days of the effective date of this section.
25 This section shall also be applicable to any adult arcade which
26 is not open for business prior to the date on which this section
27 takes effect."
28
2/16/87
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1 I HEREBY CERTIFY that the foregoing ordinance was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a
meeting thereof, held on
4 the
, 1987, by the
day of
5 following vote, to wit:
6 AYES:
7
8 NAYS:
9 ABSENT:
10
11
12
13
City Clerk
The foregoing ordinance is hereby approved this ______ day
14 of
15
16
17
18
, 1987.
Mayor of the City of San Bernardino
Approved as to form and legal content:
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8~
Ci Attorne
2/16/87
2