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HomeMy WebLinkAboutMC-942 Effective: July 6, 1995 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 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) : 17 18 19 20 21 22 23 24 25 26 27 28 "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. 1 MC-942 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 25 Approved as to form and legal content: 26 27 28 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 ~~ ~ 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. n-93 ~