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HomeMy Public PortalAboutOrd. 1024 ORDINANCE NO. 102 ''~ AN ORDINANCE OF THE CITY COUNCIL OP THE CITY OF LYNWOOD AMENDING ORDINANCE NO. 570, TEIE TONING ORDINANCE, BY ADDING TfiERETO PROVISIONS REGULATING BUSINESSES WHICH ARE CI~IARACTERIZED BY AN EMPHASIS ON SEXUALLY EXPLICIT MATERIAL The City Council of the City of Lynwood hereby does ordain as follows: SECTION 1. Section 14.17 hereby is added to Ordinance No. 570, the Zoning Ordinance of the City of Lynwood, to read as follows: SECTION 14.17 REGULATION OF BUSINESSES CHARACTERIZED BY AN EMPHASIS ON SEXUALLY EXPLICIT ^1ATERIAL . (a) The City Council of the City of Lynwood hereby finds and determines that there are some uses of property which, because of their very nature, have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having a dele- terious effect upon adjacent areas; that special regu].ati.on of these uses is necessary tc _nsure that these adverse effects will not contribute to the blighting or deterioriation of the surrounding neighborhood; and that the provisions of this section are intended to and are necessary for the purpose of pr.eVentinq a concentration of these known uses in any one area. (b) Uses which are subject to the regulations set forth in this section are as follows: - Adult book stores Adult motels Adult motion picture theaters Adult mini-motion picture theaters Cabarets Escort bureaus Growth centers Massage parlors ~ Model studios / (c) No person shall cause or permit the establishment of a use listed in subsection (b) hereof, if such use would be located within one thousand (1000) feet of another such use or of any other use listed in said subsection (b), or within five hundred (500) feet of any area zoned for residential use, or within five hundred (500)-feet of any property used for a public or private, elementary or secondary school, a church, or a public park. -1- i"*, . (d) For the purposes of this section, the regulated uses listed in subsection (b) hereof, are defined as follows: Adult book Store. An establishment havinq as a sub- stantial or significant portion of its stock in trade, books, magazines, and other periodicals which are dis- tinguished or characterized by their emphasis on matter depicting, describing or relatinq to "Specified Sexual Activities" or "Specified Anatomical Areas" (as defined below) or an establishment with a segment or section devoted to the sale or display of such material. Adult Motel. A hotel or motel which makes available for viewing in its rooms, through a central television facili-ty or otherwise, films and/or video tapes dis- tinguished or characterized by an emphasis on matter depicting, describing, or relating to "Specified Sexual Activities" or "Specified Anatomical Areas" (as defined below) for observation by its patrons therein. Adult Motion Picture Theater. An enclosed building with a capacity of fifty (50 or more persons used for pre- senting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "Specified Sexual Activities" or. "Specified Anatomical Areas" (as defined below) for observation by patrons therein. Adult b7ini-Motion Picture Theater. An enclosed building with a capacity fcr less than f.i.fty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas" (as defined below), for observation by patrons therein. For the purpose of this section, "Specified Sexual Activities" is defined as: 1. E3uman genitals in a state of sexual stimulation or arousal; 2. Acts of human masturbation, sexual intercourse or sodomy; 3. Fondling or other erotic. touching of human genitals, pubic region, buttock or female breast. And "Specified Anatomical Areas" is defined as: 1. Less than co*npletely and opaquely covered: (a) 1luman genitals, pubic region; (b) buttock; and (c) female breast below a point_ immediately above the top of the areola, and -2- _, ., ~ ~"` - 2. Human male genitals in a discernibly turgid state even if completely and opaquely covered. Cabaret. A niq_htclub or theater which features topless dancers, go-go dancers, exotic dancers, strippers, male or female, impersonators, or similar entertainers. Escort Bureau. Any business or agency which for a fee, commission, hire, reward or profit, furnishes or offers to furnish escorts. Growth Center. Any place where three or more persons not all members of the same family congregate, assemble or associate for the purpose of exposing their bodies in the nude in the presence of others or of each other. This definition does not apply to the .occasional congre- gating, association, or assembly of persons in, or in the premises of, a private home if such private home or premises thereof are not customarily used for such purpose. Massage Parlors. Any place where facia]. massages, formentations, massage, electric or magnetic treatment, alcohol rubs, Russian, Swedish, or. Turkish baths are administered or given, or any public bathing place, which has in connection therewith a steamroom, dry or hot room plunge, swimming pool, shower bath, or sleeping accomoda- tions,.or any school of massage which performs any such activity for any member of the public for any form of consideration or gratuity. Model Studio (a) Any premises on which there is conducted the business of furnishing figure models who pose for the purpose of ' being observed or viewed by any person or of being sketched, painted, drawn, sculptured, photographed, or otherwise similarly depicted for persons who pay a fee or other consideration or compensation or a gratuity for the right or opportunity so to depict the figure model, or for admission to or for permission to Yemaiil upon or as a condition of remaining upon the premises. (b) Any premises where there is conducted the business of furnishing or providing or procuring for a fee or other consideration or compensation or gratuity, figure models to be observed or viewed by any person or to be sketched, painted, drawn, sculptured, photographed, or otherwise similarly depicted. SECTION 2. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordin- ance, or tfie application thereof to any person or place, is for any reason held to be invalid or unconstitutional by,the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance or its -3- application to other persons or places. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase or por- tion thereof, irrespective of the fact that any one or. more sections, subsections, subdivisions, sentences, clauses, phrases or portions, or the application thereof to any person or place, be declared invalid or unconstitutional. First read at a regular meeting of the City Council of said City held on the 3rd day of .January, 1978, and finally ordered published at a regular meeting of said Council held on the 17th day of January 1978:_ AYES:' COUNCILMEN BYORK, GREEN, HIGGINS, MORRIS, ROWE. NOES: COUNCILMEN NONE. ABSENT: COUNCILMEN NONE. I MES E. HO ~, Mayor, City of Lynwood '" ATTEST: I ~,~ ~ , n .Ai c.t~i~ZL9/G YJOSEPUINE L. SF EP1~3ER City Clerk, City of Lynwood -4- ~ ~ STATE OF CALIFORNIA ) )ss COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and ex-officio clerk of the Council of said City, do hereby certify that the above is a true and correct copy of Ordinance No. 1024 adopted by the City Council of the City of Lynwood, and that Same was passed on the date and by the vote therein stated. DATED this 20th day of January 1978. ~g r ~~ i -JOSEPHINE L. SHEPHERD, ~°-' City Clerk, City of Lynwood.