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HomeMy Public PortalAboutOrd. 0930ORDINANCE NO, g30 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING SECTIONS 4-56 AND 4-62 OF, AND ADDING SECTION 4.66.1 TO, THE CITY CODE OF THE CITY OF LYNWOOD RELATING TO PERMITS FOR NUDE ENTERTAINMENT THE CITY COUNCIL OF THE CITY OF LYNWOOD HEREBY FINDS AND DETERMINE5 AS FOLLOWS: 1. Allowing minors to observe nude entertainment will tend to have a de- trimental effect upon their understanding of the dignity of the human person, their concept of a proper relationship between the sexes, and their ability to make sound judgments in the field of sexual morality. This in turn will have a detrimental impact upon the moral fiber of the community and wiLl impair the health, safety and general welfare of the residents of this City. 2. Although establishments offering nude entertainment sometimes attempt to prohibit the attendance of minors, these efforts have proven unsatisfactory and minors have been allowed to view nude entertainment within this City. 3. In order to adequately insure that minors will not be allowed to view nude entertainment, it is necessary to restrict the availability of nude entertain- ment to those establishments at which the attendance of minors unaccompanied by their parents or guardians is prohibited by law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD HEREBY DOES ORDAIN AS FOLLOWS: SECTION 1: Section 4-56 of the Code of the City of Lynwood hereby is amended to read as foltows: Sec. 4-56. Definitions. As used in this article the following terms shall have the meanings described to them; Entertainment shall mean: (a) Any act, play, review, pantomine, scene, dance act or song and dance act, performed by one (1) or more persons, whether or not such person or persons are compensated for such per- formance; or (b) Anyfashion or style show, except: (1) When it is conducted by a nonprofit club, organization or association, as a part of the social activities of such ctub, organization or association, to which members of the general public are not invited; or (2) When the same is conducted by a person as a part of a com- mercial business which primarily involves the sale or manufacture of clothing or wearing apparel. Notice shall mean written notice, given by personaL service upon the addressee, or, given by United States Mail, postage prepaid, addressed to the person to be notified at his last known address. Service of a notice shall be effective upon the completion of personal service ~upon tlie placing of the notice in the custody of United States PostaL Service. 1 ORDINANCE NO. Page 2 Nude Entertainment shaLl mean entertainment in which the bre~sts of any female entertainer, or the private parts of any entertainer of either sex, are exposed to view. "Nude Entertainment" shall specifically include, but not limited to, those types of entertainment commonly referred to as "topless dancing" and "bottomless dancing". Permit shall mean a permit required and issued pursuant to the pro- visions of this article. Place of Entertainment shall mean a place open to members of the public with or without charge, inw hich entertainment is offered or performed. (Code 1961, Section 11A. 1; Ord, No. 873, Section 1) SECTION 2: Section 4-62 of the City Code of the City oF Lynwood hereby is amended to read as follows: Sec. 4-62. Required. No person shall conduct or permit any act of entertainment in any place of entertainment, as the owner or operator of a place of entertainment without first obtaining a permit therefor in the manner prescribed in this division, No owner or operator of a place of entertainment shall conduct or permit any act of nude entertainment therein unless the permit obtained by said owner or operator pursuant to this division specifically authorizes nude entertainment. SECTION 3: Section 4-66, 1 hereby is added to the Code of the City of Lynwood to read as follows: Sec. 4-66. 1. Additional Findings Required for Permit to Atlow Nude Entertainment, The City Manager shall issue a permit authorizing nude entertainment only if, upon investigation, he shall find that all the requirements of Section 4-66 have been met, and that, in addition, the establishment is one at which the presence of minors, unaccompanied by their parents or guardians, is pro- hibited by statute of the State of California or by regulation of any agency of the State of California. If the City Manager shall find the facts required by this section, he shall issue the permit as requested and shall cause to be included thereon a statement to the effect that the permit authorizes nude entertainment. 5ECTION 4: If any clause, sentence, paragraph or part of this ordinance, of the application thereof to any person or circumstances, shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance. SECTION 5: The City Clerk is hereby ordered and directed to certify to tne passage of this ordinance and to cause same to be published once in the Lynwood Press, a newspaper of general circulation, printed, published, and circulated in the City of Lynwood. ORDINANCE NO. Page 3 First read at a regular meeting of the City Council of said City held on the 6th day of February , 1973, and adopted and ordered published at a regular meeting of said Council held on the 20th day of Februasy , 1973, by the following vote: Ayes: Councilmen Byork, Liewer, Morris, Rowe Noes: Councilmen None Absent: Cotu7cil~n Stevens ATTEST: w . _ ~ /, _ . „-~~ il ,~ ., i / a . ~! y ~ ~ / i-. . ~ ~ ~L/~ /~li i ~~ L: MORRIS Mayor City of Lynwood JOSEPHINE L. SHEPHERD City Clerk City of Lynwood . - ~ ~ s~r~~rr; or cnz~t~~~oRr,z~~ ) . ss. COUNTY O~P LOS P.NGET,ES ) ~ S, the undersigned, L~nwood, and ex-oi'f-icio clerk hereby certi-f'y t.hab the above Ordinance No. 93~ adopi;ed of 1.~ynwood, and~that same was vote ther~c.in statecl. CS.ty OlEr~lc of the City o£ of the Council of ~aid c°~ty, do is a true and correcti cops~ of by the City Counci7, o£ tiie City passed on the c~ate and by the Lated this 22nd day of Februarv > 1~Z3- , ~ -, . ~, - t_~.~,:~~_ ~ ~ ~ ~ City Clerk, City o. Ly mvood