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HomeMy WebLinkAboutMC-1059 'Adopt:ed: Effect:ive: Oct:ober 4, 1999 November 4, 1999 I 2 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 4 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 11 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: 21 22 23 24 25 26 27 28 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 HTC/js [APPEALS2.0RD] I , 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." 12 II/ 13 II/ 14 II/ 15 II/ 16 II/ 17 II/ 18 II 19 II/ 20 III 21 III 22 II/ 23 II/ 24 II/ 25 II/ 26 II/ 27 II/ 28 II/ HTe/js [APPEALS2.0RD] 2 .. 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 14 15 16 x x x x x x 17 18 19 The foregoing Ordinance is hereby approved thi Approved as to form 20 and legal content: 21 JAMES F. PENMAN City Atto ey 22 23 By: 24 25 26 27 28 HTC/js [APPEALS2.0RD] 3 ABSTAIN ABSENT i?~tu~ ~. C-~ CITY CLERK ,1999. /{ ( cc:/ ITH V ALLES, Mayor of San Bernardino