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HomeMy WebLinkAboutMC-1129 Adopted: August 19, 2002 Effective: September 19, 2002 1 ORDINANCE NO. MC-1l29 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CERTAIN SECTIONS OF CHAPTER 5.14 OF THE SAN BERNARDINO MUNICIPAL CODE 3 RELATING TO ENTERTAINMENT-DANCES AND ADULT ENTERTAINMENT. 4 The Mayor and Common Council of the City of San Bernardino do ordain as follows: 5 6 SECTION 1. FINDINGS. The Common Council of the City of San Bernardino hereby finds that: 7 (a) The Common Council, in adopting this ordinance, takes legislative notice 8 of the existence and content of the following studies concerning the adverse secondary side effects of Adult Businesses in other cities: Garden Grove, California (1991); Indianapolis, 9 Indiana (1984); Los Angeles, California (1977); Dallas, Texas (1977); Austin, Texas (1986); Phoenix, Arizona (1979); Houston, Texas (1983/1997); Saint Paul, Minnesota (1983). The 10 Common Council finds that these studies are relevant to the problems addressed by the City in enacting Chapter 5.14 and these amendments to Chapter 5.14, to regulate the adverse 11 secondary side effects of Adult Businesses (as that term is defined in Chapter 19.06 of this Code), and more specifically finds that these studies provide convincing evidence that: 12 ("i) Adult Businesses are linked to increases in the crime rates in those 13 areas in which they are located and in surrounding areas. 14 (2) There is substantial evidence that an increase in crime tends to accompany, concentrate around, and be aggravated by Adult Businesses, including but not 15 limited to an increase in the crimes of narcotics distribution and use, prostitution, pandering, and violence against persons and property. The studies from other cities establish 16 convincing evidence that Adult Businesses which are not regulated as to operation often have a deleterious effect on nearby businesses in residential areas causing, among other 17 adverse secondary effects, an increase in crime and a decrease in property values. 18 (b) Based on the foregoing, the Common Council of the City of San Bernardino finds and determines that special regulation of Adult Businesses is necessary to ensure that 19 their adverse secondary side effects will not contribute to an increase in crime rates or to the blighting or deterioration of the areas in which they are located or surrounding areas. The 20 need for such special regulations is based upon the recognition that Adult Businesses have serious objectionable operational characteristics, particulary when several of them are 21 concentrated under certain circumstances or located in direct proximity to sensitive uses such as parks, schools, churches, thereby having a deleterious effect upon the adjacent 22 areas. It is the purpose and intent of these special regulations to prevent such adverse secondary side effects. 23 (c) The Common Council, in adopting operational standards, recognizes that 24 these standards do not preclude reasonable alternative avenues of communication. The Common Council takes note of the proliferation of adult material on the Internet and its 25 availability as an alternative avenue of communication. The Common Council also considers and relies on published decisions examining the proliferation of communications on the 26 Internet. Reno v. American Civil Liberties Union (1997) 521 U.S. 844 (the principle channel through which many Americans now transmit and receive sexually explicit communication 27 is the Internet); see also: Anheuser-Busch v. Schmoke, 101 F.3d 325, 329 (4th Cir. 1996) (rejecting First Amendment challenge to Baltimore ordinance restricting alcohol 28 advertisements on billboards and acknowledging that the Internet is an available channel of HE/cj[enterta.ordJ 1 KC-1l29 1 communication); U.S. v. Hockings, 129 F.3d 1069 (9th Cir. 1997); and U.S. v. Thomas, 74 F.3d 701 (6th Cir. 1996) (cert denied 519 U.S. 820). The emergence of the Internet provides 2 a virtually unlimited additional source of adult oriented sexual material available to persons without regard to geographic boundaries. An adult business no longer needs to be actually 3 physically located within a city to be available to the community. 4 (d) In developing this ordinance, the Common Council has been mindful of legal principles relating to regulation of Adult Businesses and does not intend to suppress or 5 infringe upon any expressive activities protected by the First Amendments of the United States and California Constitutions, but instead desires to enact reasonable time, place, and 6 manner regulations that address the adverse secondary effects of Adult Businesses. The Common Council has considered decisions of the United States Supreme Court regarding 7 local regulation of Adult Businesses, including but not limited to: Young v. American Mini Theaters. Inc., 427 U.S. 50 (1976) (Reh. denied 429 U.S. 873); Renton v. Plavtime 8 Theaters, 475 U.S. 41 (1986) (Reh. denied 475 U.S. 1132); FW/PBS. Inc. v. Dallas, 493 U.S. 215 (1990); Barnes v. Glenn Theater, 501 U.S. 560 (1991), and City of Erie v. Paps 9 A.M. 529 U.S. 277 (2000); United States Court of Appeals 9th Circuit decisions, including but not limited to: Topanga Press. et al. v. Citv of Los Angeles, 989 F.2d 1524 (1993); Kev. 10 Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986); Colacurcio v. City of Kent, 163 F.3d 545 (9th Cir. 1998); several California cases including but not limited to: THy B. v. City of 11 Newport Beach, 69 Cal.App.4th 1 (1998); City of National City v. Wiener, 3 Cal.4th 832 (1993); People v. Superior Court (Lucero) 49 Cal.3d 14 (1989); and City ofValleio v. Adult 12 Books. et al. 167 Cal.App.3d 1169 (1985); and other federal cases including Lakeland Lounae v. City oLJ.acksonville 973 F.2d 1255 (5th Cir. 1992); Hang On Inc. v. Arlington 65 13 F.3d 1248 (5th Cir. 1995); Mitchell v. Commission on Adult Entertainment 10 F.3d 123 (3rd Cir. 1993); International Eateries v. Broward County 941 F.2d 1157 (11th Cir. 1991); and 14 Star Satelitte v. Citv of Biloxi 779 F.2d 1074 (5th Cir. 1986). 15 (e) The Common Council of the City of San Bernardino also finds that locational criteria alone does not adequately protect the health. safety, and general welfare of the 16 citizens of the City of San Bernardino, and thus certain requirements with respect to the ownership and operation of Adult Businesses are in the public interest. In addition to the 17 findings and studies conducted in other cities regarding increases in crime rates, decreases in property values and the blighting of areas in which such businesses are located, the 18 Common Council also takes legislative notice of the facts recited in the case of Kev. Inc. v. Kitsap Countv, 793 F.2d 1053 (1986), regarding how live adult entertainment results in 19 secondary effects such as prostitution, drug dealing, and other law enforcement problems. 20 (f) The Common Council finds the following, in part based upon its understanding of the documents, testimony and judicial decisions in the public records: 21 (1) Evidence indicates that some dancers, models and entertainers, and 22 other persons who publicly perform specified sexual activities or publicly display specified anatomical parts in Adult Businesses (collectively referred to as 'performers') have been 23 found to engage in sexual activities with patrons of Adult Businesses on the site of the Adult Business; 24 26 (2) Evidence has demonstrated that performers employed by Adult Businesses have been found to offer and provide private shows to patrons who, for a price, are permitted to observe and participate with the performers in live sex shows; 25 27 (3) Evidence indicates that performers at Adult Businesses have been found to engage in acts of prostitution with patrons of the establishment; 28 III HE/cj[enterla.ord] 2 MC-1l29 1 (4) Evidence demonstrates that performers employed by Adult Businesses frequently use stage names and other aliases, making it difficult for law enforcement personnel to properly identify them or ascertain their true identies; (5) Evidence indicates that fully enclosed booths, individual viewing areas, and other small rooms whose interiors cannot be seen from public areas of the establishment regularly have been found to be used as a location for engaging in unlawful sexual activity; 2 3 4 5 6 (6) As a result of the above, and the increase in incidents of AIDS and Hepatitis B, which are both sexually transmitted diseases, the City has a substantial interest in adopting regulations which will reduce, to the greatest extent possible, the possibility for the occurrence of prostitution and casual sex acts at Adult Businesses. 7 8 (g) Zoning, licensing and other police power regulations are legitimate, 9 reasonable means of accountibility to help protect the quality of life in the community of San Bernardino and to help assure that all operators of Adult Businesses comply with reasonable 10 regulations and are located in places that minimize the adverse secondary effects which naturally accompany the operation of such businesses. 11 (h) The Common Council has also determined that a closing hours requirement 12 promotes the reduction of deleterious secondary effects from Adult Businesses and reasonably relies an prior court decisions on the need for closing hours including Mitchell v. 13 Comm. on Adult E;,tertainment, 10 F .3d 123, 131-139 (3d Cir. 1993); Lady J. Lingerie, Inc. v. City of Jacksonville, 973 F.Supp. 1428 (M.D. Fla. 1997) and Lady J. Lingerie, Inc. v. City 14 of Jacksonville, 176 F.3d 1358 (11th Cir. 1999); and City of Colorado Springs v. 2354 Inc., 896 P.2d 272 (1995). 15 (i) The Common Council of the City of San Bernardino recognizes the possible 16 harmful effects on children and minors exposed to the effects of such Adult Businesses and the deterioration of respect for family values, and the need and desire of children and minors 17 to stay away from and avoid such businesses, which causes children to be fearful and cautious when walking through or visiting the immediate neighborhood of such businesses; 18 and the Common Council desires to minimize and control the adverse secondary side effects associated with the operation of Adult Businesses and thereby protect the health, safety, and 19 welfare of the citizens of San Bernardino; protect the cititzens from increased crime; preserve the quality of life; preserve property values and the character of surrounding 20 neighborhoods and businesses; deter the spread of urban blight and protect against the threat to health from the spread of communicable and sexually transmitted diseases. 21 Ul It is not the intent of the Common Council of the City of San Bernardino in 22 enacting this ordinance, or any provision thereof, to condone or legitimize the distribution of obscene material, and the City of San Bernardino recognizes that state law prohibits the 23 distribution of obscene materials and expects and encourages law enforcement officials to enforce state obscenity statutes against such illegal activities in the City of San Bernardino. 24 (k) Nothing in this ordinance is intended to authorize, legalize, or permit the 25 establishment, operation, or maintenance of any business, building, or use which violates any City ordinance or any statute of the State of California regarding public nuisances, 26 unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter or the exhibition or public display thereof. 27 (I) In prohibiting public nudity in Adult Businesses, the Common Council does 28 not intend to proscribe the communication of erotic messages or any other communicative HE/cj(enterta.ord] 3 MC-1l29 1 element or activity, but rather only to prevent or reduce the secondary impacts associated with such public nudity; and 2 (m) While the Common Council desires to protect the rights conferred by the 3 United States Constitution to Adult Businesses, it does so in a manner that ensures the continued and orderly development of property within the City and diminishes, to the greatest 4 extent feasible, those undesirable secondary effects which the aforementioned studies have shown to be associated with the development and operation of Adult Businesses; and 5 (n) The City declares that the restrictions on sexual conduct or activities 6 imposed pursuant to this ordinance are part of a regulatory licensing process, and do not constitute a criminal offense. Notwithstanding any other provision of the San Bernardino 7 Municipal Code, the City does not impose a criminal penalty for violations of the provisions of this ordinance related to sexual conduct or activities. The Common Council adopts these 8 limitations only as a condition of issuance and maintenance of an Adult Business entertainment license issued pursuant to the Municipal Code; and 9 (0) The Common Council finds that preventing the direct exchange of money 10 between entertainers and patrons also reduces the likelihood of drug and sex transactions occurring in Adult Businesses; and 11 (p) Requiring separations between entertainers and patrons reduces the 12 likelihood that such persons will negotiate narcotics sales and/or transact sexual favors within the Adult Business; and 13 (q) Enclosed or concealed booths and dimly-lit areas within Adult Businesses 14 greatly increases the potential for misuse of the premises, including unlawful conduct of a type which facilitates transmission of disease. Requirements that all indoor areas be open 15 to view by management at all times, and that adequate lighting be provided are necessary in order to reduce the opportunity for, and therefore the incidence of illegal conduct within 16 Adult Businesses, and to facilitate the inspection of the interior of the premises thereof by law enforcement personnel. 17 (r) The Common Council finds that security guard requirements, based upon 18 the number of occupants on the premises where entertainment is performed, promotes the reduction of adverse secondary effects from Adult Businesses, promotes public safety, and 19 reduces the likelihood of illegal conduct occuring inside and outside the premises. 20 (s) Based upon (a)-(r) above, and in particular the studies set forth in (a), after review of Chapter 5.14, the Common Council finds that only the following sections in Chapter 21 5.14 need to be amended as all other sections are in conformity with said studies and findings. 22 Section 2. San Bernardino Municipal Code Section 5.14.01 0(C)(3) is amended 23 to read as follows: 24 "5.14.010 Definitions 25 C. 3. The following is included in the term "entertainment"; The presence of any performer, dancer, employee, agent, model or other person, collectively andlor individually referred to as "entertainer", in any place of entertainment as defined in Sections 5.14.010(A) or (B) who engages in any specified sexual activity (as that term is defined in Chapter 19.06 of this Code) not otherwise prohibited by local, State or Federal law, or who exposes any specified anatomical part (as that term is defined in Chapter 19.06 of this 26 27 28 HE/cj(cntcrta.ord] 4 KC-1129 1 2 3 4 5 Code) not otherwise prohibited by local, State or Federal law, or who performs in attire commonly referred to as pasties or a G-string, or any other opaque covering which does not expose the areola or nipples of the female breast, and while covering the natal cleft and pubic area covers less than one inch on either side of the entire length of the natal cleft and two inches across the pubic area. Entertainment as described in this subsection shall be subject to all regulations as described in Chapter 19.06 of this Code, including but not limited to, the requirement for a Development Permit II." 6 Section 3. San Bernardino Municipal Code Section 5.14.050 is amended to read as follows: 7 "5.14.050 8 A. 9 10 11 12 13 14 15 16 17 18 19 B. 20 21 22 Issue of License-Investigation Upon receipt of an application for an entertainment license, the City Clerk shall conduct an investigation to determine if the proposed business is in compliance with the provisions of this chapter. The investigation shall include immediately forwarding copies of the application to the Police Department, Development Services and the Fire Department for their own independent investigation. Each department shall make recommendations as to the issuance or denial of the license and forward said results to the City Clerk within 20 days of receipt of the application. The City Clerk, shall, within 30 days of receipt of a complete license application, approve and issue the license if all the requirements of this section have been met. If the City Clerk determines that the application does not satisfy the requirements of this chapter, helshe shall deny the application. If no determination is made. by the City Clerk within 30 days of receipt of a complete license application, then the applicant may commence operations under a temporary license, subject to strict compliance with this Chapter, until the City Clerk's determination. 1. The applicant shall be served with written notice of the decision. Notice shall be personally served or served by deposit in the United States mail, first class postage prepaid, at the address shown on the application. Service shall be deemed complete upon personal service or deposit in the United States Post Mail. Standards for Approval of License. The City Clerk shall approve and issue an entertainment license if the application and evidence submitted show that 1. The operation, as proposed by the applicant, if permitted, would comply with all applicable laws, including but not limited to the City's building, fire, zoning and health regulations; and 23 2. The applicant has not knowingly made any false, misleading or fraudulent statement of fact in the license application process, or on any document 24 required by the City in conjunction therewith; the applicant's age is eighteen (18) years or more; and the applicant has paid the required application 25 fees." (MC-1100, 7-23-01) 26 Section 4. 27 as follows: 28 III San Bernardino Municipal Code Section 5.14.060 is amended to read HE/cj(enterta.ord J 5 1 "5.14.060 MC-1l29 Operational Standards 2 The following operational standards shall apply to all entertainment described in Section 5.14.010: 3 A. 4 5 6 B. 7 8 C. 9 10 D. 11 12 13 14 E. 15 F. 16 G. 17 18 H. 19 20 I. 21 22 23 24 J. 25 K. 26 27 L. 28 III No operator, entertainer or employee of a place of entertainment shall permit to be performed, offer to perform, perform or allow patrons to perform sexual intercourse, oral or anal copulation, lap or straddle dancing, fondling or stimulation of human genitals, pubic region, buttocks, or female breasts. No operator, entertainer or employee of a place of entertainment shall encourage or permit any person upon the premises to lap or straddle dance, touch, caress, or fondle the breasts, buttocks, anus or genitals of any other person. If the place of entertainment is licensed to serve alcoholic beverages, the licensee shall abide by the rules and regulations set forth by the California Department of Alcoholic Beverage Control. No person shall perform for patrons any entertainment described in Section 5.14.010(C)(3) except upon a stage at least eighteen (18) inches above the level of the floor which is separated by a distance of at least six feet from the nearest area occupied by patrons, and no patron shall be permitted within six feet of the stage while the stage is occupied by an entertainer. This subsection shall not apply to individual viewing areas where the stage is completely separated from the viewing area, floor to ceiling, by plexiglass or other clear permanent barrier. Stage or entertainment areas shall not be open to view from outside the premises. Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrancelexit to the business. No exterior door or window shall be propped or kept open at any time during hours of operation; any exterior windows shall be covered with opaque covering at all times. No person under the age of eighteen (18) years shall be permitted within the premises at any time during hours of operation. The place of entertainment shall maintain separate restroom facilities for male patrons and employees and female patrons and employees. Male patrons and employees shall be prohibited from either looking into or using the restrooms for females and female patrons and employees shall be prohibited from using the restrooms for males except to carry out the duties of repair, maintenance and cleaning of the restroom facilities. Restrooms shall not contain television monitors or other motion picture or video projection recording or reproduction equipment. The premises shall provide separate dressing room facilities for male and female entertainers which are exclusively dedicated to the entertainer's use. The licensee shall provide an entrance/exit to the premises for entertainers which is separate from the entrance/exit used by patrons. No entertainer shall have physical contact with any patron and no patron shall have physical contact with any entertainer while on the premises. HE/cj[enterta.ordJ 6 1 M. 2 3 N. 4 O. 5 6 P. 7 8 9 Q. 10 11 R. 12 13 14 15 S. 16 17 18 19 20 21 22 T. 23 24 U. 25 V. 26 27 W. 28 KC-1l29 All areas of the place of entertainment accessible to patrons shall be illuminated at least to the extent of two foot-candles (measured as units of illuminance), minimally maintained and evenly distributed at ground level. Individual viewing areas shall be operated and maintained without any hole or other opening or means of direct communication or visual or physical access between the interior space of two or more individual viewing areas. No individual viewing area may be occupied by more than one person at anyone time. All individual viewing areas shall be physically arranged in such a manner that the entire interior portion of the individual viewing area is directly visible from aisles and public areas of the premises. Visibility into the individual viewing rooms shall not be blocked or obscured by doors, curtains, partitions, drapes, or any other obstruction whatsoever. No patron, guest or invitee shall directly payor give any gratuity to any performer, dancer, employee or model and no dancer, performer, employee or model shall solicit any payor gratuity from any patron. No owner or other person with managerial control over an Adult Business (as that term is defined in Chapter 19.06 of this Code) shall permit any person on the premises of the Adult Business to engage in a live showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, andlor the female breasts with less than a fully opaque covering over any part of the nipple or areola and/or covered male genitals in a discernibly turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specific anatomical part required to be covered. If the occ.upancy limit of that portion of the premises where entertainment is performed is greater than two hundred (200) persons, at least one security guard will be on duty outside the premises, patrolling the grounds and parking areas at all times while the entertainment is provided. An additional security guard will be on duty inside the premises if the occupancy exceeds four hundred (400) persons. The security guards shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of the chapter. No security guard required pursuant to this subparagraph shall act as a door person, ticket seller, ticket taker, or admittance person while acting as a security guard. An additional security guard shall be provided if one security guard is to be utilized for the purpose of conducting searches on patrons. All security guards shall be licensed in accordance with Business and Professions Code ~7582, et seq. The premises within which the entertainment is located shall provide sufficient sound absorbing insulation so that noise generated inside the premises shall not be audible anywhere on adjacent property or public right-of-way or within any other building or other separate unit within the same building; All signage conforms to the standards applicable in Title 19 of this Code; Every place of entertainment shall have a manager on the premises at all times when entertainment is performed; The place of entertainment must not operate or be open between the hours of two a.m. and eight a.m., however, the restriction herein imposed applies only to permitting or allowing the public to dance and to the providing of entertainment of HE/cj[cnlt=rta.ordj 7 1 2 3 X 4 Y. 5 6 7 8 9 10 MC-1l29 any sort other than mechanical music between such hours and is not deemed to prevent or make unlawful the serving of meals or refreshments between such hours; and All business activities must take place within the enclosed structures, unless otherwise permitted by the City. The City Clerk shall impose conditions prior to approval of an application which are deemed necessary by the Police Department, Development Services, and the Fire Department to insure compliance with the provisions of this Chapter or to protect the public health and safety. Such conditions shall be limited to the following: hours of operation; maximum occupancy; fire and life and public safety issues; fire suppression; exterior signage prohibiting loitering and littering; clean-up of premises; location of the business; amount and type of calls for police service in the area; exterior lighting; existence of public telephones; and security guards. The conditions imposed shall include the posting of a bond or cash equivalent for the clean-up of premises, dependent upon the physical condition of past premises as a result of past entertainment events of applicant." Section 5. San Bernardino Municipal Code Section 5.14.120 is amended to read 11 as follows: 12 "5.14.120 13 A. 14 15 16 17 B. 18 19 20 C. 21 22 D. 23 24 25 26 27 28 Appeal Any applicant aggrieved by the decision of the City Clerk with reference to the issuance, conditional issuance, denial, suspension, or revocation of a license, may appeal to the Hearing Officer for the City of San Bernardino. The Hearing Officer shall be appointed by the Mayor to hear all appeals under this section for a fixed term not to exceed two years; afterwhich such Hearing Officer shall be ineligible for reappointment until after one year has passed. Upon the timely filing of an appeal from the denial, suspension or revocation of a license, the decision of the City Clerk is stayed until the appeal is decided by the Hearing Officer. The right to appeal to the Hearing Officer from the denial, suspension or revocation of any license required by this chapter shall terminate upon the expiration of fifteen (15) days following the deposit of a certified letter in the United States Post Office advising the applicant of the action of the City Clerk and of his or her right to appeal such action to the Hearing Officer. The hearing shall be held within twenty (20) days of the receipt by the City Clerk of the appeal, or at the next regularly scheduled meeting of the Hearing Officer, whichever is sooner. The Hearing Officer shall render his/her decision within five (5) days from the conclusion of the hearing. Said decision shall be sent by certified mail. The City Clerk or any applicant aggrieved by the decision of the Hearing Officer shall have the right to appeal to the City Planning Commission. Upon the timely filing of an appeal, the decision of the Hearing Officer is stayed until the appeal is decided by the Planning Commission. The right to appeal to the City Planning Commission shall terminate upon the expiration of fifteen (15) days following the deposit of said decision by certified mail and advising the applicant of his or her right to appeal such decision to the City Planning Commission. The appeal hearing before the City Planning Commission shall be held within twenty (20) days of the receipt by the City Clerk of the appeal request. The Planning Commission shall render its decision within fourteen (14) days from the conclusion of the hearing. The decision IIE/cj[enterta.ord) 8 MC-1l29 1 of the Planning Commission shall be final and conclusive and shall not be subject to appeal to the Mayor and Common Council. Pursuant to Code of Civil Procedure 2 Section 1094.8, any action to review the decision of the Planning Commission shall be filed and served not later than twenty-one (21) calendar days following the 3 Planning Commission's decision unless the parties jointly waive the time limit. 4 E. The City shall comply with all of the requirements of Code of Civil Procedure Section 1094.8 and shall take all lawful steps to insure that any applicant 5 aggrieved by its decision shall be afforded prompt judicial review of said Planning Commission's decision. 6 (Ord. MC-1059, 10-4-99; Ord. MC-1058, 9-20-99) 7 Section 6. San Bernardino Municipal Code Section 5.14.160 is amended to read as follows: 8 "5.14.160 Violations and Penalties 9 Any person who violates Section 5.14.020 is guilty of a misdemeanor, punishable 10 upon conviction in accordance with Section 1.12.010(A) of this Code. Each and every day during which such person violates Section 5.14.020 shall constitute a separate offense 11 chargeable under this section." 12 III 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III HE/cj[clltcrta.ord] 9 MC-1l29 1 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CERTAIN SECTIONS OF CHAPTER 5.14 OF THE SAN BERNARDINO MUNICIPAL CODE 2 RELATING TO ENTERTAINMENT-DANCES AND ADULT ENTERTAINMENT. 3 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor joint 4 and Common Council of the City of San Bernardino at a regular meeting thereof, held 5 on the 19t1Uay of August , 2002, by the following vote, to wit: 6 7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 8 ESTRADA x 9 LIEN 10 MCGINNIS x x 11 DERRY 12 SUAREZ x x 13 ANDERSON x 14 MC CAMMACK x 15 ~nr, I /-- ," ~--t<-"~"- Ra hel Clark, City Clerk 16 17 The foregoing Ordinance is hereby approved this ~ ~ay of August ,2002. 18 22 19 20 21 23 Approved as to form and legal content: 24 25 JAMES F. PENMAN City Attorney 26 ~~t. 28 (] . P iJ~ 27 HE/cj [cntcrta.ord] 10