HomeMy WebLinkAbout45 - Ordinances ORDINANCE NO. 45
AN ORDINANCE OF THE CITY COUNCIL OF TN]~ CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ESTABLISHING INTERIM ZONING FOR
ADULT BUSINESSES, AND DECLARING THE URGENCY THEREOF.
The City Council of the City of Rancho Cucamonga, California,
does ordain as follows:
SECTION 1: Definitions.
(a) "Adult business" shall mean adult bookstores, adult mini-
motion picture theaters, adult motion picture theaters, adult cabarets,
massage establishments and sexual novelty stores.
(b) "Adult bookstore" shall mean 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.
(c) "Adult mini-motion picture theater" shall mean an enclosed
building with a capacity for less than fifty (50) persons used for pre-
senting material distinguished or characterized by an emphasis on matter
depicting, describing, or relating to "specified sexual activities" or
"specialized anatomical areas" (as defined below), for observation by
patrons therein.
(d) "Adult motion picture theater" shall mean 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.
(e) "Adult cabarets" shall mean a cabaret which features topless
dancers, bottomless dancers, go-go dancers, exotic dancers, strippers,
male or female impersonators, or similar entertainers.
(f) "Massage establishment: shall mean 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 establishment" shall not
include licensed chiropractors or other licensed medical practitioners.
(g) "Sexual novelty store" shall mean 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.
(h) "Specified anatomical areas" is defined as:
(1) Less than completely and opaquely covered:
(A) Human genitals, pubic region;
(B) Buttock; and,
(C) 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.
(i) "Specified sexual activities" is defined as:
(1) Human genitals in a state of sexual stimulation or
arousal;
Ordinance No. 45
Page 2
(2) Acts of human masturbation, sexual intercourse, oral copulation,
or sodomy; and,
(3) Fondling or other erotic touching of human genitals, pubic
region, buttock, or female breasts.
SECTION 2: The City Council finds and determines that the present controls
relating to the appropriate zoning of adult businesses are inadequate to mc~t the
special considerations relating to such uses including problems relating to litter,
traffic, parking, hours of operation, noise, congestion, public nuisance, property
values, and other matters relating to public health, safety and welfare.
SECTION 3: The City Council further finds and determines that it is
necessary, while the Planning Commission is completing studies concerning the
appropriate regulations for such uses, to impose interim controls. The City
Council further finds that said interim controls are immediately necessary for the
protection of the public health, safety and welfare.
SECTION 4: The following regulations are hereby enacted:
(a) "Adult businesses" are prohibited uses in all zones of the City.
(b) No permit for an "adult business" shall hereafter be issued, and no
such business shall hereafter be established in the City.
SECTION 5: This Ordinance shall remain in effect for a period of one hundred
twenty (120) days, and during such period, all ordinances inconsistent with the
provisions hereof shall be suspended and superseded by this Ordinance.
SECTION 6: This Ordinance is hereby declared to be an urgency measure,
and shall take effect immediately upon its adoption.
PASSED, APPROVED, and ADOPTED this 4th day of October, 1978.
AYES: Mickels, Palombo, West, Frost
NOES: None
ABSENT: Schlosser
Rancho Cucamonga
ATTEST: