Ordinance Number 784047
ORDINANCE NO. 784
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING A MORATORIUM FOR PROCESSING
ADULT-ORIENTED BUSINESS APPLICATIONS AS DEFINED BY TITLE 9,
CHAPTER 3, ARTICLE 6, SECTION 9-3.626(B), ENTITLED "ADULT-
ORIENTED BUSINESS" IN ORDER TO DEVELOP LICENSING AND
ZONING REGULATIONS TO MITIGATE ADVERSE SECONDARY EFFECTS
ASSOCIATED WITH SUCH USES IN PROTECTING THE PUBLIC'S
HEALTH, SAFETY AND GENERAL WELFARE (URGENCY)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
a. Whereas, the City Council, in adopting this urgency ordinance, takes legislative
notice of the existence and content of the following studies concerning the adverse secondary side
effects of Adult -Oriented Businesses in other cities: Garden Grove, California (1991); Tucson,
Arizona (1990); Seattle, Washington (1989); Austin, Texas (1986); Oklahoma City, Oklahoma
(1986); Indianapolis, Indiana (1984); Houston, Texas (1983); Beaumont, Texas (1982); Minneapolis,
Minnesota (1980); Phoenix, Arizona (1979); Whittier, California (1978); Amarillo, Texas (1977);
Cleveland, Ohio (1977); and Los Angeles, California (1977). The City Council finds that these studies
are relevant to the problems addressed by the City in enacting this amendment to the Municipal Code
to regulate the adverse secondary side effects of Adult -Oriented Businesses, and more specifically
finds that these studies provide convincing evidence that:
Adult -Oriented Businesses are linked to increases in the crime rates in
those areas in which they are located and in surrounding areas.
'2. Both the proximity of Adult -Oriented Businesses to sensitive land uses
and the concentration of Adult -Oriented Businesses tend to result in the blighting and deterioration
of the areas in which they are located.
3. The proximity and concentration of Adult -Oriented Businesses adjacent
to residential, recreational, religious, educational, and other Adult -Oriented Businesses can cause
other businesses and residence to move elsewhere.
4. There is substantial evidence that an increase in crime tends to
accompany, concentrate around, and be aggravated by Adult -Oriented Businesses, including but not
limited to an increase in the crimes of narcotics distribution and use, prostitution, pandering, and
-1-
r.:.
violence against persons and property. The studies from other citiesestablish convincing evidence that
Adult -Oriented Businesses which are not regulated as to permissible locations often have a
deleterious effect on nearby businesses and residential areas, causing, among other adverse secondary
effects, an increase in crime and a decrease in property values.
b. Whereas, based upon the above findings, the City Council finds and determines
the special regulation of Adult -Oriented Businesses is necessary to ensure that their adverse
secondary side effects will not contribute to an increase in crime rates or the blighting or deterioration
of the areas in which they are located or surrounding areas. The need for such special regulation is
based upon the recognition that the operational characteristics of Adult -Oriented Businesses,
particularly when several of them are concentrated under certain circumstances or located in direct
proximity to sensitive uses such as parks, schools, or churches, have a deleterious effect upon the
adjacent areas. It is the purpose and intent of this urgency ordinance to provide sufficient time to
consider and adopt special regulations to prevent the adverse secondary side effects of Adult -
Oriented Businesses, furthermore, the imposition of the moratorium insures that all such uses will
comply with said regulations.
C. Whereas, the locational requirements established by future regulations will not
unreasonably restrict the establishment or operation of constitutionally protected Adult -Oriented
Businesses within the City, and a sufficient number of appropriate locations for Adult -Oriented
Businesses are provided.
d. Whereas, in conducting this planning study and future amendment to the
Municipal Code, the City Council has been mindful of legal principles relating to the regulation of
Adult -Oriented Businesses and does not intend to suppress or infringe upon any expressive activities
protected by the First amendment of the United States and California Constitutions, but instead
desires to enact reasonable time, place, and manner regulations that address the adverse secondary
effects of Adult -Oriented Businesses. The City Council has considered decisions of the United States
Supreme Court regarding local regulation of Adult -Oriented 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.
Playtime 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); United States Court of Appeals 9th
Circuit decisions, including but not limited to: Tooanga Press, et al. v. City of Los Angeles, 989 F.2d
1524 (1993); several California cases including but not limited to: City of National City v. Wiener,
3 CalAth 832 (1993); People v. Superior Court (Lucero) 49 Cal.3d 14 (1989); and City of Vallejo
v. Adult Books et al., 167 Cal.App.3d 1169 (1985); and other federal cases including Lakeland
Lounge v. City of Jacksonville (5th Cir. 1992) 973 F.2d 1255, Hang On. Inc. v. Arlington (5th Cir.
1995) 65 F.3d 1248, Mitchell v. Commission on Adult Entertainment (3rd Cir. 1993) 10 F.2d 123,
International Eateries v Broward County (11th Cir. (1991) 941 F.2d 1157, and Star Satellite v. City
of Biloxi (5th Cir. 1986) 779 F2.d 1074.
e. Whereas, the City Council also finds that locational criteria alone does not
adequately protect the health, safety, and general welfare of the citizens of the City, and thus certain
requirements with respect to the ownership and operation of Adult -Oriented Businesses are in the
public interest.
-2-
,,.
f. Whereas, the City Council finds that in addition to the 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 City Council takes legislative notice of
the facts recited in the case of Key- Inc. v. Kitsao County. 793 F.2d 1053 (1986), regarding how live
adult entertainment results in secondary effects such as prostitution, drug dealing, and other--Uw
enforcement problems.
g. Whereas, the City Council finds the following, in part based upon its
understanding or the documents and judicial decisions in the public record:
1. Evidence indicates that some dancers, models and entertainers, and
other persons who publicly perform specified sexual activities or publicly display specified anatomical
parts in Adult -Oriented Businesses (collectively referred to as 'performers') have been found to
engage in sexual activities with patrons of Adult -Oriented Businesses on the site of the Adult -
Oriented Business;
2. Evidence has demonstrated that performers employed by Adult -
Oriented 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;
3. Evidence indicates that performers at Adult -Oriented Businesses have
been found to engage in acts of prostitution with patrons of the establishment;
4. Evidence indicates that My 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;
5. 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 -Oriented Businesses.
h. Whereas, zoning, licensing and other police power regulations are legitimate,
reasonable means of accountability to help protect the quality of life in the community and to help
assure that all operators of Adult -Oriented Businesses comply with reasonable regulations and are
located in places that minimize the adverse secondary effects which naturally accompany the
operation of such businesses.
i. Whereas, the City Council desires to minimize and control the adverse
secondary side effects associated with the operation of Adult -Oriented Businesses and thereby protect
the health, safety, and welfare of the citizens of the City, protect the citizens from increased crime,
preserve the quality of life, preserve property values and the character of surrounding neighborhoods
and businesses, and deter the spread of urban blight and protect against the threat to health from the
spread of communicable and sexually transmitted diseases.
-3-
050
j. Whereas, it is not the intent of the City Council in enacting the planning study
or future provisions of a code amendment to the Municipal Code, or any other provisions thereof,
to condone or legitimize the distribution of obscene material, and the City recognizes that state law
prohibits the distribution of obscene materials and expects and encourages law enforcement officials
to enforce state obscenity statutes against such illegal activities in the City.
k. Whereas, the City Council finds that preventing the exchange of money
between performers and patrons reduces the likelihood of drug and sex transactions occurring in
Adult -Oriented Businesses.
1. Whereas, requiring separations between performers and patrons reduces the
likelihood that such persons will negotiate narcotics sales and/or transact sexual favors within the
Adult -Oriented Business.
in. Whereas, enclosed or concealed booths and dimly-lit areas within Adult -
Oriented Businesses greatly increase 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
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 the Adult -Oriented
Businesses, and to facilitate the inspection of the interior of the premises thereof, by law enforcement
personnel.
n. Whereas, while the City Council desires to protect the rights conferred by the
United States Constitution to Adult -Oriented Businesses, it will do so in a manner that ensures the
continued and orderly development of property within the City and diminishes, to the greatest extent
feasible, those undesirable secondary effects which the aforementioned studies have shown to be
associated with the development and operation of Adult -Oriented Businesses.
o. Whereas, pursuant to California Government Code Section 65858(c), the lack
of specific regulations to mitigate the secondary adverse effects of Adult -Oriented Businesses
represents a current and immediate threat to the public health, safety and general welfare as outlined
in the above findings, and that approval of additional establishments would result in a threat to public
health, safety and welfare
Pursuant to the findings set forth in Section 1, preceding, and pursuant to authority
granted under Government Code Section 65858, the City of San Juan Capistrano hereby imposes
a moratorium on the approval of Conditional Use Permits for Adult -Oriented Businesses, the
approval of building permits, or any other local government approval allowing such uses as
defined by Title 9, Chapter 3, Article 6, Section 9-3.626.
ISS
No exemptions are granted and any pending conditional use application or pending
building permit shall be subject to this moratorium.
Pursuant to Government Code Section 65858, this Urgency Ordinance shall take
effect and be in force on the date of its adoption, and shall be of no further effect no force forty-
five (45) days from its adoption. This Urgency Ordinance may be extended pursuant to the
provisions of Government Code Section 65090.
�9 IJI Y [17`►�WJWGIM
The City Clerk shall certify to the adoption of this Ordinance and cause the same
to be published once as required by law and posted at the duly designated posting places within
the City of San Juan Capistrano within fifteen (15) days after its passage.
PASSED, APPROVED AND ADOPTED this 19th day of
November 1996.
C
IVYA17
HART, MAYOR
ATTEST:
-5-
051
osa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Urgency
Ordinance No. 784 which was adopted at a meeting of the City Council of the City of San
Juan Capistrano, California, held on November 19 1996, by the following
vote:
AYES: Council Members Jones, Nash, Swerdlin, Campbell
and Mayor Hart
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL) /
CHERYL JOHN90N,ITY CLERK
M