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HomeMy WebLinkAbout45-C - Ordinances ORDINANCE NO. 45-C AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, ESTABLISHING REGULATIONS FOR THE LOCATION AND REVIEW OF ADULT BUSINESSES IN THE C-2 (GENERAL BUSINESS) DISTRICT. The City Council of the City of Rancho Cucamonga, California does ordain as follows: SECTION 1: INTENT D PURPOSE. The intent and purpose of this Ordinance is to establish parameters for the location and review of Adult Businesses within the City of Rancho Cucamonga. SECTION 2: DEFINITIONS. Section 61.022 Definitions of the San Bernardino County Development Code as adopted by Ordinance 17 by the City of Rancho Cucamonga shall be amended by adding the following definition between the definitions of "Accessory Use" and "Advertising Structure". ADULT BUSINESS: Any adult bookstore, adult mini-motion picture theater, adult motion picture theater, adult cabaret, massage establishment, or sexual novelty store as defined below: (a) ADULT BOOKSTORE: An establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals, which are distinguished or characterized by their emphasis on matter depicting, describing, or relating 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. (b) 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, describing, or relating to "specified sexual activities" or "specified anatomical areas" (as defined below), for observation by patrons therein. (c) ADULT MOTION PICTURE THEATER: An enclosed building with a capacity of fifty (50) or more 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. (d) ADULT CABARETS: A cabaret or similar eating and drinking service or other establishment which features topless dancers, bottomless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers. (e) MASSAGE ESTABLISH/~ENT: An establishment where any person is engaged in the business of massaging, rubbing, shaking, kneading or tapping the human body, or giving turkish, russian, swedish, or other baths, or similar procedures. Massage establishments shall not include licensed chiropractors or other licensed medical practitioners. Ordinance No, 45-C Page 2 (f) SEXUAL NOVELTY STORE: An establishment having as a portion of its stock in trade goods which are replicas of or which simulate "specified anatomical areas" (as defined below), or goods which are designed to be placed on "specified anatomical areas" (as defined below), to cause sexual excitement thereof. (g) SPECIFIED ANATOMICAL AREAS: (1) When less than completely and opaquely covered: human genitals, pubic region, buttock, and female breasts below a point immediately above the top of the areola. (2) Human male genitals in a discernible turgid state, even if completely and opaquely covered. (h) SPECIFIED SEXUAL ACTIVITIES: (1) Human genitals in a state of sexual stimulation or arousal; (2)Acts of human masturbation, sexual intercourse, oral copulation, or sodomy; (3) Fondling or other erotic touching of human genitals, pubic region, buttock, or female breasts. SECTION 3: REQUIREMENTS. Section 61.0219(a) shall be amended to add 61.0219(a)(9) as follows: (a) ADULT BUSINESSES: The following minimum limitations shall apply for any adult business in the C-2 General Business district and only said district. (I) No such business shall be located within 1,000 feet of an existing or proposed college or university, a public or private educational facility, a church, a public park or recreation facility, or any other public or semi-public use or facility used on a regular basis by persons other than adults in accordance with General or Specific Plans of the City. (2) No such business shall be located within 1,000 feet of any other adult business, or fronting upon any special boulevard or arterial and visible therefrom. (3) No such business shall be located within 1,000 feet of property in any residential zone, or within 1,000 feet of any group of 5 or more dwellings in any other zone. (4) Approval of a Location and Development Plan or a Conditional Use Permit. SECTION 4: The Mayor shall sign this Ordinance and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published within fifteen (15) days after its passage, at least once in The Daily Report, a newspaper of general circulation published in the City of Ontario. California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 3rd day of December, 1980. Ordinance No. 45-C Page 3 AYES: Frost, Mikels, Palombo, Bridge, Schlosser NOES: None ABSENT: None Phill~p D. Schlosser, Mayor ATTEST: Lauren M. Wasserman, City Clerk