HomeMy WebLinkAbout2099
ORDINANCE NO. 2099
AN EMERGENCY (URGENCY) INTERIM ORDINANCE OF
THE CITY OF ARCADIA, CALIFORNIA, TO PROHIBIT
ADULT ENTERTAINMENT ESTABLISHMENTS WITHIN
SEVEN HUNDRED (700) FEET FROM ANY RESIDENTIAL
ZONE AND ALLOWING SUCH ESTABLISHMENTS BEYOND
SEVEN HUNDRED (700) FEET, SUBJECT TO REGULATORY
COMPLIANCE (Ordinance effective immediately - four (4)
vote required)
PREAMBLE
WHEREAS, Sections 9279 through 9279.6 of the Arcadia Municipal Code allow
adult entertainment establishments as defined therein (attached) to be located in the M-I and
M-2 zones of the City subject to certain locational requirements; and
WHEREAS, the City has commenced review of Arcadia Municipal Code Sections
9279 et. seq. applicable to said adult entertainment establishments and is in the process of
revising the Code in order to respond to recent developments within the field of regulation
of adult businesses and case law interpretation. These revisions are necessary to fully take
into account the secondary effects that are associated with adult businesses in order to
address the needs of the City and its residents today and in the future; and
WHEREAS, in developing its revised Ordinance, the City Council is mindful of
Constitutional principles relating to regulation of adult businesses, and the City Council does
not intend to suppress or infringe upon any expressive activities protected by the First
Amendment of the United States and California Constitutions; and
WHEREAS, the City Council is concerned with reference to potential Constitutional
issues that could jeopardize the current ordinance pending adoption of a new revised code
and would like to maintain the purpose of the existing code sections as set forth in the
findings at section 9279 attached as Exhibit "A" and incorporated as part of this ordinance;
and
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WHEREAS, pursuant to Arcadia City Charter Section 415 and consistent with
Government Code Section 65858, this ordinance is adopted to protect the public safety,
health, safety, and welfare by avoiding a lapse in locational and regulatory control pending
adoption of a new ordinance to replace the current statute.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA DOES HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS:
SECTION 1. Determination of Emergency. Current legal developments have
nullified Section 9279.6 of the Arcadia Municipal Code which authorizes use of the
conditional use pemlit to impose conditions to regulate adult entertainment establishments
(businesses). In addition, current legal developments require the City to review its adult
business locational requirements. The City's new revised ordinance will address current
legal requirements thereby establishing locational requirements and various operational and
performance standards for adult businesses. Subject ordinance is in draft form. Subject to
finalization, environmental review, and processing through the City Planning Commission
and City Council it may not become effective for several months.
In the meantime, during this interim period, because of the status of the current
ordinance as set forth above, the attached findings, and the determinations of the City
Council as set forth in the above preamble, enforcement of the City's existing ordinance and
the application of appropriate standards are jeopardized.
Without use of the conditional use permit process, this urgency ordinance is necessary
pending adoption of a permanent ordinance to protect the public health, safety, and welfare
to avoid the negative secondary effects of such uses and their serious deleterious effects upon
adjacent areas, residences, minor children and businesses. To protect the integrity of existing
commercial areas of the City of Arcadia and of residential areas in close proximity to such
commercial areas, the public health, safety, and welfare requires the enactment of this
ordinance. Without these urgency provisions, pending the adoption of a permanent
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ordinance, the City of Arcadia could experience serious secondary effects from adult
facilities including blight and crime such as prostitution and sex offenses, reduction in
property values, and would face exposure to potential nuisances related to the operation of
adult businesses, some of which are set forth in the attached Exhibit "B" incorporated as part
of this ordinance.
SECTION 2. Locational Requirement. Pending further study and implementation of
a revised City Adult Business Ordinance, the current locational requirement set forth in
Arcadia Municipal Code Section 9279.5(2) concerning distance from residential shall be
suspended. Pending adoption of a permanent ordinance and during the term of this urgency
measure, all adult uses (adult entertainment establishments) as currently defined in the
Arcadia Municipal Code (Section 9279.2, 9279.3) shall be prohibited within seven hunred
(700) feet from any residential zone.
SECTION 3. DevelQpment and Operating Standards. In view of the non-application
of the City's conditional use permit requirement, in order to protect the public, health, safety,
and welfare pending adoption of a permanent ordinance, adult entertainment establishments
(adult business) as currently defined in the Arcadia Municipal Code that are in excess of
seven hundred (700) feet from any residential zone, and otherwise meet City zoning shall be
permitted subject to compliance with the following requirements:
A. Hours of Operation. It shall be unlawful for any operator or employee of an
adult use to allow such adult use to remain open for business, or to permit any employee or
performer to engage in a performance, solicit a performance, make a sale, solicit a sale,
provide a service, or solicit a service, between the hours of2:00 a.m. and 10:00 a.m. of any
day.
B. Exterior Lighting Requirements. All exterior areas, including parking lots, of
the adult use shall be illuminated at a minimum of 1.50 foot-candle, maintained and evenly
distributed at ground level with appropriate devices to screen, deflect or diffuse the lighting
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in such manner as to prevent glare or reflected light from creating adverse impacts on
adjoining and nearby public and private properties.
C. Interior Lighting Requirements. All interior areas of the adult use shall be
illuminated at a minimum of 1.00 foot-candle, maintained and evenly distributed at floor
level.
D. Minors' Access.
1. X-rated movies.
To the extent that it is in conformity with the Penal Code, x-rated
movies, videotapes, digital video disks (DVDs), compact disks (CDS) and laser disks shall
be restricted to persons over 18 years of age. If an establishment that is not otherwise
prohibited from providing access to persons under 18 years of age sells, rents, or displays
movies, videos, DVDs, or laser disks that have been rated "X" or rated "NC-17" by the
motion picture rating industry ("MP AA"), or which have not been submitted to the MP AA
for a rating, and which consist of images which are distinguished or characterized by an
emphasis on depicting or describing specified sexual activities or specified anatomical areas,
said movies, videos, DVDs, CDS, and laser disks shall be located in a specific section of the
establishment where persons under the age of 18 shall be prohibited.
2. Other Material Relative to Adult Uses. For material relative to adult
uses not covered by Section D.l, above, access shall be restricted to persons over 18 years
of age.
3. It shall be unlawful for any employee, owner, operator, responsible
managing employee, manager or permittee of an adult entertainment business to allow any
person under the age of 18 years upon the premises or within the confines of any adult
entertainment business, either as a patron or employee, if no liquor is served, or under the age
of21 ifliquor is served.
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E. Regulation of Closed Booths. No one shall maintain any arcade booth or
individual viewing area unless the entire interior of such premises wherein the picture or
entertainment that is viewed is visible upon entering into such premises; and further, that the
entire body of any viewing person is also visible immediately upon entrance to the premises
without the assistance of mirrors or other viewing aids. No partially or fully enclosed
booths/individual viewing areas or partially or fully concealed booths/individual viewing
areas shall be maintained. No arcade booth shall be occupied by more than one individual
at a time. No holes or other openings (commonly known as "glory holes") shall be permitted
between arcade booths or individual viewing areas.
F. Regulation of Viewing Areas. All viewing areas within the adult use shall be
visible from a continuous and accessible main aisle in a public portion of the establishment,
and not obscured by any door, curtain, wall, two-way mirror or other device which would
prohibit a person from seeing into the viewing areas from the main aisle. A manager shall
be stationed in the main aisle or video monitoring shall be established at a location from
which the inside of all of the viewing areas are visible at all times in order to enforce all rules
and regulations. All viewing areas shall be designed or operated to only permit occupancy
of either one person, or more than ten persons. "Viewing area" shall mean any area in which
a person views performances, pictures, movies, videos, or other presentations.
G. On-Site Manager; Security Measures. All adult uses shall have a responsible
person who shall be at least 18 years of age and shall be on the premises to act as manager
at all times during which the business is open. The individual designated as the on-site
manager shall be registered with the City Manager or designee by the owner to receive all
complaints and be given by the owner and/or operator the responsibility and duty to address
and immediately resolve all violations taking place on the premises.
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H. Sign Requirements. All adult uses shall comply with the following sign
requirements, in addition to those of the Arcadia Municipal Code. Should a conflict exist
between the requirements of the Arcadia Municipal Code and this sub-section, the more
restrictive shall prevail.
I. All exterior signs shall be flat (Le., not angled to the front wall of the
building) wall signs.
2. No material relative to adult use on the premises shall be displayed in
window areas or any area where they can be viewed from the sidewalk in front of the
building.
I. Live Entertainment - Operating Requirements. The following additional
requirements shall pertain to adult uses providing live entertainment. No person, association,
partnership, or corporation shall engage in, conduct or carry on, or permit the operation of
an adult use to engage in, conduct or carry on unless all of the following requirements are
met:
I. No employee, owner, operator, responsible managing employee,
manager or permittee of such use shall allow any person below the age of 18 years upon the
premises or within the confines if no liquor is served, or under the age of 21 if liquor is
served.
2. No person shall perform live entertainment for patrons of an adult use
except upon a permanently fixed stage at least eighteen (18) inches above the level of the
floor.
3. No performer shall be within six (6) feet of a patron while the performer
is performing. This six (6) foot separation shall be marked by a railing or other physical
barrier designed to obstruct any contact between the performer and the patron(s).
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4. No performer shall have physical contact with any patron, and no patron
shall have physical contact with any performer, while the performer is pc-forming on the
premises. In addition, while on the premises, no performer shall have physical contact with
a patron and no patron shall have physical contact with a performer, which physical contact
involves the touching of the clothed or unclothed genitals, pubic area, buttocks, cleft of the
buttocks, perineum, anal region, or female breast with any part or area of any other person's
body either before or after any adult live entertainment by such performer. This prohibition
does not extend to incidental touching. Patrons shall be advised of the separation and no-
touching requirements by signs placed on the barrier between patrons and performers and,
if necessary, by employees of the establishment.
5. All performers, other than nude performers or performers displaying
specified anatomical areas while performing, shall, at a minimum while on or about the
premises or tenant space, wear an opaque covering which covers their specified anatomical
areas.
6. Ifpatrons wish to tip performers, receptacles shall be at least six (6) feet
from the stage or other area used by the performers. Patrons shall not provide throw tips to
performers, hand tips directly to performers or place tips in the performers' costumes. When
patrons are at the establishment, neither a patron nor any other performer shall be allowed
to directly touch, fondle or caress a performer, as those terms are defined in Kev, Inc. V.
Kitsap County, 793 F.2d 1053 (9th Cir. 1986). This prohibition does not extend to incidental
touching. Patrons shall be advised of the separation and no touching requirements by signs
placed on the barrier described in Section 1,3 above.
7. The adult use shall provide dressing rooms for performers, which are
separated by gender and exclusively dedicated to the performers' use and which the
performers shall use. Performers may share a dressing room.
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8. The adult use shall provide an entrance/exit for performers which is
separate from the entrance/exit used by patrons, which the performers shall use at all times.
9. The adult use shall provide access for performers between the stage and
the dressing rooms which is completely separated from the patrons. If such separate access
is not physically feasible, the adult use shall provide a minimum three (3) foot walk aisle for
performers between the dressing room area and the stage, with a railing, fence or other
barrier separating the patrons and the performers capable of (and which actually results in)
preventing any physical contact between patrons and performers. Nothing in this section is
intended to exempt the adult use from compliance with the provisions of Title 24 of the
California Code of Regulations pertaining to handicapped accessibility.
10. Fixed rail(s) at least 30 inches in height shall be maintained establishing
the separations between performers and patrons required by this sub-section.
J. Adult Motion Picture Theater. An adult motion picture theater shall observe
the following special requirements:
1. If the theater contains a hall or auditorium area, the area shall comply with each
of the following provisions:
a. Have individual, separate seats, not couches, benches, or the like, to
accommodate the maximum number of persons who may occupy the area;
b. Have a continuous main aisle alongside of the seating areas in order that
each person seated in the areas shall be visible from the aisle at all times; and
c. Have a sign posted in a conspicuous place at or near each entranceway
to the hall or auditorium area which lists the maximum number of persons who may occupy
the hall or auditorium area, which number shall not exceed the number of seats within the
hall or auditorium area.
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2. If an adult motion picture theater is designed to permit outdoor viewing by
persons seated in automobiles, it shall have the motion picture screen so situated, or the
perimeter of the establishment so fenced, that the material to be seen by those persons may
not be seen from any public right-of way, day care facility, park, public school or private
school, or religious institution, as those terms are defined in this section.
SECTION 4. Effective Date. This ordinance shall be effective immediately upon
adoption on January 19, 1999 and shall remain in effect until terminated by a permanent
ordinance.
SECTION 5. Severability. rfany section, subsection, paragraph, sentence, clause,
or phrase of this Ordinance to which it is a part, or any part, or any part thereof is held for
any reason to be unconstitutional, invalid, or ineffective by any court of competent
jurisdiction, the remaining sections, subsections, paragraphs, sentences, clauses, and phrases
shall not be affected thereby. The City Council hereby declares that it would have adopted
this ordinance to which it is a part regardless of the fact that one or more sections,
subsections, paragraphs, sentences, clauses, or phrases may be determined to be
unconstitutional, invalid, or ineffective.
SECTION 6. Publication. The City Clerk shall certify to the adoption of this
Urgency Ordinance .md shall cause a copy of same to be published in the official newspaper
of said City within fifteen (15) days of adoption. This Urgency Ordinance is effective
immediately.
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Passed, approved and adopted this19th' day of Januarv
,1999.
;;' ~~. J1iI~
Mtiyor he Ci of Arcadia
A TrEST:
~J~
APPROVED AS TO FORM:
11Jr/ )1 /!J~
City Attorney
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"
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the
foregoing Ordinance No. 2099 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 19th day ofJanuary, 1999 and that said Ordinance was adopted by the
following vote, to wit:
A YES: 'Councilmember Chandler, Harbicht, Marshall, Roncelli and Kovacic
NOES: None
ABSENT: None
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9279
DMSION 9.
ADULT ENTERTAINMENT
ESTABLISHMENTS
9279. . FINDINGS.
Based on the record of the public hearings
conducted concerning Ordinance No. 1872
before the Planning Commission and City Coun-
cil and the review of testimony, and documenta-
tion submitted to the City Council including staff
reports and studies concerning the effects and
problems concomitant to adult businesses, the
City Council makes the following findings:
I. There is substantial evidence that the pro-
liferation of adult entertainment establishments
throughout a city and/or their concentration in
anyone zone causes adverse land use impacts on
adjacent residential and commercial zones.
2. Experience in other cities indicates that as
adult entertainment establishments become
concentrated, their impact on surrounding resi-
dential and commercial land uses becomes more
evident in the increased occurrences of blight
and deterioration.
3. That the dominant single-family character
and quality of this community would be
adversely affected by the presence of adult enter-
tainment establishments in close proximity to
residential and commercial zones, schools,
churches, parks and other public facilities.
4. A permitted concentration of adult enter-
tainment establishments and their proliferation
throughout the community would be inconsis-
tent with the community goals of the City's Gen-
eral Plan and, for example, ordinances dealing
with property maintenance and architectural
review such as Ordinance 1452 and'Ordinance
1850 respectively, as set forth in ,Municipal Code
Sections 9401 and 9295 et seq.
5. The City's interest in regulation of adult
entertainment establishments is unrelated to the
suppression offree expression. However, the reg-
ulation of adult entertainment establishments is
related to our concern over secondary effects of
such businesses on the City.'
.
. "
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6. The subsequent adoption of an adult enter-
tainment ordinance will aid in preserving the
quality of the community that permits Arcadia
to continue as "the City of fine homes" with a
quality business environment.
7. The appropriate land use control of adult
entertainment establishments minimizes the
blight or "skid row" effect concomitant with
such uses, the detrimental effect on adjacent
areas, and the interference to uses in the area.
8. Adult entertainment establishments com-
monly involve criminal-type activity or contrib-
ute to such activity such as prostitution, display
of obscenity, public nuisance and disturbance
complaints.
9. Ordinance No. 1872 will protect the public
health, safety. and welfare, preserve locally rec-
ognized values of community appearance, mini-
mize the potential for nuisances related to the
operation of adult-oriented businesses as defined
herein, protect local property values, and gener-
ally preserve the quality of urban life in Arcadia.
10. Areas within close walking distance of sin-
gle-family and multifamily dwellings should be
free of adult entertainment land uses.
II. Areas where children could be expected to
walk, patronize or recreate should be free of adult
entertainment land uses.
12. Adult entertainment land uses should be
located in areas of the City which are not in close
proximity to residential uses, churches, parks
and other public facilities, and schools.
13. The image and vitality of the City of
Arcadia as a pleasant and attractive place to
reside and do business will be adversely affected
by the presence of adult entertainment land uses
in close proximity to residential land uses,
churches, parks and other public facilities,
schools, and commercial zones.
14. Regulation of adult entertainment land
uses should be developed to prevent deteriora-
tion and/or degradation of the community
before the problem exists, rather than in response
to an existing problem.
15. Commercial areas of the City patronized
496
EXHIBIT "A"
12
(Arcadia 7-88)
2099
. .-
by young people and children should be free of
adult entertainment land uses.
16. Adult entertainment land uses should, in
general, be regulated by zoning to separate them
from other dissimilar uses just as any other land
use should generally be separated from uses with
characteristics different from itself.
17. Experience in numerous other cities has
shown that location of adult entertainment land
uses degrades the quality of the area of the city in
which they are located and causes a blighting
, effect upon the city.
18. No evidence has been presented to show
that location of adult entertainment land uses
within the City will improve the commercial
viability of the community.
19. A reasonable regulation of the location of
adult entertainment land uses will provide for
the protection of the image of the community
and its property values, and protect the residents
of the community from the adverse effects of
such adult entertainment land uses, while
providing to thbse who desire to patronize adult
entertainment'land uses such an opportunity in
areas within the City which are appropriate for
location of adult entertainment land uses.
20. The initial location of adult entertain-
ment land uses will lead to the location of addi-
tional and similar uses within the same vicinity,
thus multiplying the adverse impact of the initial
location of adult entertainment land uses and the
negative impact of such uses upon the image and
quality of Arcadia.
9279.1. PERMITTED ZONE.
The uses defined herein shall be permitted
uses in the M-I and M-2 Zones of the City of
Arcadia, subject to the requirements set forth
herein. Such uses are prohibited in all other
zones in the City.
9279.2. DEFINIT~
For purposes 0 t IS Chapter, adult entertain-
ment establishments (businesses) are defined as
follows:
9279
(a) Adult Bookstore. An establishment hav-
ing as a substantial or significant portion of its
stock in trade, books, magazines and other peri-
odicals which are distinguished or characterized
by their emphasis on matter depicting, describ-
ing or relating to "specified sexual activities" or
"specified anatomical areas" or an establishment
with a segment or section devoted to the sale and/
or rental of such materials, unless this section or
segment comprises less than twenty-five percent
(25%) of the total floor space used for display
within the establishment and is separated from
the remainder of the store by a separate walled-
ofTarea with an entrance designated in large print
for "Adults Only."
(b) Adult Motion Picture Theater. An
enclosed building with a capacity of fifty (50) or
more persons uses for presenting material dis-
tinguished or characterized by their emphasis on
matter depicting, describing or relating to "spec-
ified sexual activities" or "specified anatomical
areas" for observation by patrons therein. ,
(c) Adult Mini Motion Picture Theater. An
enclosed building with a capacity for less than
fifty (50) persons used for presenting material
disinguished or characterized by an emphasis on
matter depicting or relating to "specified sexual
activities" or "specified anatomic.ti areas" for
observation by patrons therein.
(d) Adult Hotel or Motel. A hotel or motel
wherein material is presented which is dis-
tinguished or characterized by an emphasis on
matter depicting, describing or relating to "spec-
ified sexual activities" or "specified anatomical
areas. "
(e) Adult Motion Picture Arcade. Any place
to which the public is permitted or invited
wherein coin-operated or slug-operated or elec-
tronically, electrically or mechanically con-
trolled still or motion picture machines,
projectors or other image-producing devices are
maintained to show images to five (5) or fewer
persons per machine at anyone time, and where
496-1
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(A~adia 7.88)
2099
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9279.2
the images so displayed are distinguished or char-
acterized by an emphasis on depicting or describ-
ing "specified sexual activities" or "specified
anatomical areas."
(I) Adult Video Store. An establishment hav-
ing as a substantial or significant portion of its
stock in trade material (video cassettes, movies,
films) characterized by their emphasis on matter
depicting, describing, or relating to "specified
sexual activities" or "specified anatomical
areas," or, an establishment with a segment or
section of the premises allocated to the sale and/
or rental of such materials, unless this section or
segment comprises less than twenty-five percent
(25%) of the total floor space used for display
within the establishment and is separated from
the remainder of the store by a separate walled-
off area with an entrance designated in large print
for "Adults Only."
(g) Cabaret. A nightclub, theater or other
establishment which features live performance
by topless and/or bottomless dancers, go-go
dan~s, exotic dancers, strippers, or similar
entert:llners, where such performances are dis-
tinguished or characterized by an emphasis on
"specified sexual activities" or "specified ana-
tomical areas." This includes any bar, restaurant,
or other establishment utilizing such live per-
formance at any time on their premises.
(h) Massage Parlors/Acupressure. Any estab-
lishment where, for any form of consideration or
gratuity, massage, alcohol rub, administration of
fomentations, or any other treatment or manip-
ulation of "specified anatomical areas" occurs,
including finger pressure techniques on certain
points or portions of the body commonly
referred to as acupressure.
The following uses shall not_ be included
within the definition of a massage parlor.
(I) Establishments which routinely provide
such services by a licensed physician, a licensed
chiropractor, a licensed osteopath, a licensed
practical nurse or a registered professional nurse,
licensed physical therapists;
{^ft:~ia 7.&8)
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(2) Electrolysis treatment by a licensed oper-
ator of electrolysis equipment;
(3) Continuing instruction in martial or per-
forming arts or in organized athletic activities;
(4) Hospitals, nursing homes, medical clinics
or medical offices; and
(5) Barbershops or beauty parlors which offer
massage to the scalp, the face, the neck or shoul-
ders only.
(i) Model Studio. Any business where, for any
form of consideration or gratuity, figure models
who display "specified anatomical areas" are
provided to be observed, sketched, drawn,
painted, sculptured, photographed or similarly
depicted by persons paying such consideration or
gratuity.
(j) Sexual Encounter Center. Any business,
agency or person who, for any form of considera-
tion or gratuity, provides a place where three or
more persons, not all members ofthe same fam-
ily, may congregate, assemble or associate for the
purpose of engaging in "specified sexual
activities" or exposing "specified anatomical
areas." -
(k) Any other business or establishment
which offers its patrons services or entertainment
characterized by emphasis on matter depicting,
describing or relating to "specified sexual
activities" or "specified anatomical areas."
9279.3. SPEOFIED SEXUAL
ACTIVITIES DEFINED.
For purposes of this chapter "specified sexual
activities" shall include the following:
(a) Actual or simulated sexual intercourse,
oral copulation, anal intercourse, oral-anal cop-
ulation, beastiality, direct physical stimulation of
unclothed genitals, flagellation or torture in the
context of a sexual relationship, or the use of
excretory functions in the context of a sexual
relationship, and any of the following depicted
sexually oriented acts of conduct: analingus, bug-
gery, coprophagy, coprophilia, cunnilingus, fel-
latio, necrophilia, pederasty, pedophilia,
piquerism, sapphism, zooerasty; or
"
496-2
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1. The proximity and concentration of adult businesses adjacent to residential,
recreational, religious, educational, and other adult business uses can cause other businesses
and residents to move elsewhere.
2. Crime rates tlmd to be higher in residential areas surrounding adult businesses than
in commercial or industrial areas surrounding adult businesses.
3. Crime rates in areas where adult businesses are closely situated to each other tend to
be higher than in areas in which adult businesses are separated from each other.
4. Areas within close walking distance of single and multiple family dwellings should
be free from adult businesses.
5. ' Adult businesses should be located in specific areas of the City which have both
tangible and physical barriers from sensitive uses such as residences, parks, religious
institutions, day care facilities, and schools.
6. The image of Arcadia as an attractive place to reside will be adversely affected by the
presence of adult businesses in close proximity to residential uses, schools, religious
institutions, day care facilities, and parks.
7. The existence of adult businesses in close proximity to residential areas has been
shown in some cities to reduce the property values in those residential areas.
8. A reasonable regulation of the location of adult businesses protects the image of the
community and its property values and protects its residents from the adverse secondary
effects of adult businesses, while providing those who desire to patronize adult businesses
an opportunity to do so in appropriate areas in the City.
9. There is substantial evidence that an increase in crime tends to accompany,
concentrate around, lmd be aggravated by adult businesses, including but not limited to an
increase in the crimes of narcotics distribution and use, prostitution, pandering, and violence
against persons and property. In many cases, criminal activity is linked to individuals having
a legal interest in the ownership of adult businesses. The studies from other cities establish
by convincing evidence that adult businesses which are not regulated as to permissible
locations often have a deleterious effect on nearby businesses in residential areas, causing,
among other adversl: secondary effects, an increase in crime and a decrease in property
values.
EXHIBIT "B"
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10. Regulations for adult businesses should be developed to prevent deterioration and/or
degradation of the vitality of the community before the problem exists, rather that waiting
for problems to be created.
II. Information indicates that some dancers, models, entertainers, performers, and other
persons who publicly perform specified sexual activities or publicly display specified
anatomical parts in adult businesses (collectively referred to as "performers") have been
found to engage in sexual activities with patrons of adult businesses on the site of the adult
business.
12. Information indicates that fully 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 locations for engaging in unlawful sexual activity.
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