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ORDINANCE NO. 1872
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, AMENDING THE ARCADIA
MUNICIPAL CODE BY ADDING DIVISION 9 TO PART 7 OF
CHAPTER 2, ARTICLE IX LIMITING ADULT ENTERTAINMENT
ESTABLISHMENTS TO THE M-l AND M-2 ZONE SUBJECT TO
SPECIFIC LOCATIONAL REQUIREMENTS AND A CONDITIONAL
USE PER!1IT
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES
HEREBY FIND, DETERIlINE AND ORDAIN AS FOLLOWS:
SECTION 1. That a Division 9 is hereby added to Part 7 of
Chapter 2, Article IX of the Arcadia !1Unicipal Code to read as
follows:
ARTICLE IX.
CHAPTER 2
PART 7.
DIVISION 9.
TITLE 2.
DIVISION AND USE OF LAND
ZONING REGULATIONS
OVERLAY AND SPECIAL ZONES
ADULT ENTERTAI ut1ENT ESTABLI SH/1ENTS
REGULATIONS
9279. FINDINGS. Based on the record of the public hearings
conducted concerning Ordinance No. 1872 before the Planning
Commission and City Council and the review of testimony, and
documentation 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:
1. There is substantial evidence that the proliferation 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.
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2. Experience in other cities indicate that as adult
entertainment establishments become concentrated, their impact on
surrounding residential and commercial land uses becomes more
evident in the increased occurrence 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 entertainment establishments in close proximity to
residential and commercial zones, schools, churches, parks and
other public facilities.
4. A permitted concentration of adult entertainment
establishments and their proliferation throughout the community
would be inconsistent with the community goals of the City's
General 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 of free
expression. However, the regulation of adult entertainment
establishments is related to our concern over secondary effects
of such businesses on the City.
6. The subsequent adoption of an adult entertainment
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.
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7. The appropriate land use control of adult entertainment
establishments minimizes the blight or "skid row" effect
concomi tant with such uses, the det r imental effect on ad jacent
areas, and the interference to uses in the area.
8. Adult entertainment establishments commonly involve
criminal type activity or contribute 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 recognized values of
community appearance, minimize the potential for nuisances
related to the operation of adult oriented businesses as defined
herein, protect local property values, and generally preserve the
quality of urban life in Arcadia.
10. Areas within close walking distance of single and
multiple family dwellings should be free of adult entertainment
land uses.
11. 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.
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13. The image and vital i ty of the Ci ty of Ar cadia 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 deterioration 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 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 it from other dissimilar uses
just as any other land use should generally be separated from
uses with characteristics different from itself.
17. Exper ience in numerous other cities. has shown that
location of adult entertainment land uses degrade the quality of
the area of the. City in which they are located and cause 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 communi ty and its property values, and protect the
residents of the community from the adverse effects of such adult
entertainment land uses, while providing to those who desire to
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patronize adult entertainment land uses such an opportunity in
areas within the City which are appropriate for locatLon of adult
entertainment land uses.
20. The initial location of adult entertainment land uses
will lead to the location of additional 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
permLtted uses Ln the M-l 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. DEFINITIONS. For purposes of this Ordinance adult
entertainment establLshments (businesses) are defined as follows:
a. Adult Book Store An establishment having a
substantial or signLficant portion of Lts stock Ln trade, book,
magazines and other periodicals which are distinguished or
characterized by theLr emphasis on matter depicting, describing
or relating to "specLfied sexual activities" or "specifLed
ana tomL cal areas" or an establ i shment with a segment or secti on
devoted to the sale and/or rental of such materials, unless this
section or segment compr ises less than 25% of the total floor
space used for dLsplay wLthLn the establishment and is separated
from the remaLnder of the store by a separate walled off area
with an entrance designated in large print for "Adults Only."
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b. Adult Motion picture Theater - An enclosed building with
a capacity of fifty (50) or more persons used for presenting
material distinguished or characterized by their emphasis on
matter depicting, describing or relating to "specified 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 distinguished or characterized by an emphasis
on matter depicting or relating to "specified sexual activities"
or "specified anatomical areas" for observation by patrons
herein.
d. Adult Hotel or Motel - A hotel or motel wherein material
is presented which is distinguished or characterized by an
emphasis on matter depicting, describing or relating to
"specified sexual activities" or "specified anatomical areas."
e. Adult Motion Picture Arcade - Any place to which the
pUblic is permitted or invited wherein coin or slug-operated or
electronically, electrically or meChanically controlled still or
motion picture machines, projectors or other image-producing
devices are maintained to show images to five or fewer persons
per machine at anyone time, and where the images so displayed
are distinguished or characterized by an emphasis on depicting or
describing "specified sexual activities" or "specified anatomical
areas. "
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f. Adult Video Store An establishment having 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 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 dancer, exotic dancers, strippers, or similar
entertainers, where such performances are dLstLnguished or
characterized by an emphasis on "specified sexual activities' or
"specified anatomical areas." This includes any bar, restaurant,
or other establishment ut Llizing such live performance at any
time on theLr premises.
h. Massage Parlors/Acupressure - Any establishment where,
for any form of consideration or gratuLty, massage, alcohol rub,
admLnistration of fomentatLons, or any other treatment or
manipulation 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:
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(1) 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 thera?ists:
(2J electrolysis treatment by a licensed operator of
electrolysis equipment;
(3) continuing instruction in martial or performing 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 shoulders only.
1. l~odel 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 consideration or gratuity, ?rovides a
place where three or more persons, not all members of the same
family, may congregate, assemble or associate for the purpose of
engaging in "specified sexual activities" or exposing "s?ecified
anatomical areas.'
k. Any other business or establishment which offers its
patrons services or entertainment character ized by emphasis on
matter depicting, describing or relating to "specified sexual
activities" or "specified anatomical areas."
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9279.3. SPECIFIED SEXUAL ACTIVITIES DEFINED. For purposes
of this Ordinance "specified sexual activities' shall include the
following:
a. Actual or simulated sexual intercourse, oral copulation,
anal intercourse, oral anal copulation, 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, buggery, coprophagy, coprophilia, cunnilingus,
fellatio, necrophilia, pederasty, pedophilia, piquerism,
sapphism, zooerasty; or
b. Clearly depicted human genitals in the state of sexual
stimulation, arousal or tumescence; or
c. Use of human or animal masturbation, sodomy, oral
copulation, coitus, ejaculation; or
d. Fondling or tOUChing of nude human genitals, pUbic
region, buttocks or female breast; or
e. Masochiam, erotic or sexually oriented torture, beating
or the infliction of pain; or
f. Erotic or lewd touching, fondling or other contact with
an animal by a human being; or
g. Human excretion, urination, menstruation, vaginal or
anal irrigation.
9279.4. SPECIFIED ANATOI~ICAL AREAS DEFINED. For purposes
of this Ordinance 'specified anatomical areas' shall include the
fOllowing:
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a. Less than completely and opaquely covered (1) human
genitals, pubic regLon; (2) buttock, and; (3) female breast below
a poLnt immedLately above the top of the areola; and
b. Human male genitals in a discernibly turgid state, even
if completely and opaquely covered.
9279.5. LOCATIONAL REQUIREI1ENTS. Adult Entertainment
Establishments as defined above shall be permitted in the M-l and
M-2 ZoneS only, subject to the following requirements:
1. Adult EntertaLnment Establishments shall be separated
from each other by a distance of at least 1000 feet.
2. Adult EntertaLnment Establishments shall be prohLbited
within 500 feet from any commercial zone and 750 feet from any
resLdential zone. The distances provLded in this Section shall
be measured by following a straight line, without regard to
intervening buildings, from the nearest poLnt of the property
parcel upon which the proposed use is to be located, to the
nearest point of the parcel of property or the land use district
boundary line from which the proposed land use is separated.
9279.6. CONDITIONAL USE PERMIT. All Adult Entertainment
Establishments which meet the distance requLrements set forth
herein, are SUbject to the conditional use procedures of Arcadia
11unicipal Code Section 9275.2 et. seq. and the requirements set
forth in Arcadia Municipal Code Section 9275.1.2.
SECTION 2. Title 1 of Division 5, Part 7 of Chapter 2
Article IX is amended to add the following subsectLon to read as
follows:
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9275.1.45.(a) ADULT ENTERTAINMENT ESTABLISHMENTS.
11-2 Zones.
SECTION 3. PENALTY. NUISANCE. No person shall violate
any provision, or fail to comply with any of the requirements of
this Ordinance. Any person violating any of the provisions or
failing to comply with any of the mandatory requirements of this
Ordinance shall be guilty of a misdemeanor. Any person convicted
of a misdemeanor under any provision of this Ordinance shall be
punishable by a fine of not more than five hundred dollars
($500.00), or by imprisonment in the City Jailor County Jail for
a period not exceeding six (6) months, or by both such fine and
imprisonment. Each such person shall be guilty of a separate
offense for each and every day dur ing any portion of which any
violation of any provision of the Ordinance is committed,
continued, or permitted by such person and shall be punishable
accordingly. In addition to the penalties provided herein
preceding section, any condition caused or permitted to exist in
violation of any of the provisions of this Ordinance shall be
deemed a public nuisance and may be, by the City, summarily
abated as such, and each day such condition continued shall be
regarded as a new and separate offense.
SECTION 4. SEVERABILITY. If any section, subsection,
sentence, clause, phrase or portion of this Ordinance 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.
The City council of the City of Arcadia hereby declares that it
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would have adopted this Ordinance and each section, subsection,
sentence, clause, phrase or portion thereof irrespective of the
fact that anyone or more sections, subsections, sentences,
clauses,
phrases
or
porti ons
be
declared
invalid
or
unconstitutional.
SECTION 3. The City Clerk shall certify to the adoption of
this Ordinance and shall cause a copy of the same to be published
in the official newspaper of the City within fifteen [15) days of
its adoption.
Passed, approved and adopted this 5thday of January ,198H.
~ City
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ATTEST: ~'o:~"". w.';''-;
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City Clerk of,th~_<;.ity' of Arcadia
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:
CITY OF ARCADIA
I, CHRISTINE VAN MAANEN, City Clerk of the City of Arcadia,
hereby certify that the foregoing Ordinance No. 1872 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 5th day of January
, 1988, and
that said Ordinance was adopted by the following vote, to wit:
AYES: Councilmembers Chandler, Lojeski, Young and GilD
NOES: Councilmember Harbicht
ABSENT: None
City Clerk of the City of Arcadia
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