HomeMy WebLinkAbout00-03 CC OrdinanceORDINANCE 2000-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING PORTIONS OF CHAPTER
5.09 OF THE TEMECULA MUNICIPAL CODE
REGULATING ADULT BUSINESSES (PLANNING
APPLICATION PA00-0041)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1 Public headngs have been held before the Planning Commission, on
March 15, 2000, and City Council of the City of Temecula, State of California, on April
25, 2000, pursuant to the Planning and Zoning law of the State of California, and the
Municipal Code of the City of Temecula.
Section 2 Section 5.09.030 of the Temecula Municipal Code is hereby amended
to read as follows:
... Regular and substantial course of conduct shall mean any Adult Business
where one or more of the following conditions exist:
1. The area(s) devoted to the display of Adult Material exceeds
fifteen percent (15%) of the total display area of the business or 100 square feet
whichever is less. Display area shall include the area of the racks or any other means to
display the adult matedais and the walkways and areas used to view or access the
displayed materials; or
2. Any Adult Material depicting Specified Anatomical Areas or
Specified Sexual Activities on the exterior of its packaging is displayed in a manner
which is accassible to persons under the age of eighteen (18) years, For the purposes
of this Chapter such Adult Material shall not be deemed accessible to persons under the
age of eighteen (18) if an area within the business is established for the placement of
such material and is labeled "adults only"; or
3. The business or concorn presents any type of live entertainment
characterized by an emphasis on Specified Sexual Activity or Specified Anatomical
Areas, or performers, models or employees appearing in public dressed only in lingerie
on any four (4) or more separate days within any ninety (90) day period .... "
Section 3 Section 5.09.030 of the Temecula Municipal Code is hereby further
amended to read as follows:
"... Specific sexual activities shall include any of the following: ...
5. Striptease, or the removal of clothing, or the wearing of
transparent or diaphanous clothing, including mannequins or live models dressed only in
lingerie or other coverings to the point where Specified Anatomical Areas are exposed or
shown."
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Section 4 Severability. The City Council hereby declares that the provisions of
this Ordinance are severable and if for any reason a court of competent jurisdiction shall
hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision
shall not affect the validity of the remaining parts of this Ordinance.
Section 5 The City Clerk shall certify to the adoption of this Ordinance and shall
cause the same to be posted as required by law.
PASSED, APPROVED AND ADOPTED this 9th day of May, 2000.
ATTEST:
S.usan . Jones,
[SEAL]
E. Stone, Mayor
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify
that the foregoing Ordinance No. 2000-03 was dully introduced and placed upon its first
reading at a regular meeting of the City Council on the 25thday of Apdl, 2000 and that
thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City
Council on the 9t~ day of May, 2000, by the following vote:
AYES: 5
NOES: 0
ABSENT: 0
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Comerchero, Naggar, Pratt, Roberts, Stone
None
None
Sus
I
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