Loading...
HomeMy WebLinkAboutMC-1058U '...J Adopted: Effective: September 20. 1999 September 20. 1999 I 2 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 8 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 10 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 15 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 18 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. 20 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: 24 25 "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 HTC/js [APPEALS.ORD] I . '[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. 16 III 17 II/ 18 III 19 II/ 20 II/ 21 II 22 III 23 II/ 24 II/ 25 II/ 26 II/ 27 II/ 28 II/ HTC/js [APPEALS.ORD] 2 .' 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 3 4 5 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 16 }\". 17 The foregoing Ordinance is hereby approved 's(;2kdaYOf September ,1999. 18 mTH V ALLES, Mayor ity of San Bernardino 19 20 Approved as to form and legal content: 21 22 23 By: 24 25 26 27 28 HTC/js [APPEALS.ORD] ---- 3