2009-55U Prohibiting the Granting of Approvals for Adult Businesses ORDINANCE NO. 2009-55U
AN INTERIM URGENCY ORDINANCE OF THE CITY OF MENIFEE
PROHIBITING THE GRANTING OF APPROVALS, INCLUDING THE
ISSUANCE OF PERMITS,FOR ADULT BUSINESSES FOR
A PERIOD OF 45 DAYS.
The City Council of the City of Menifee does ordain as follows:
SECTION 1. FINDINGS. The City Council of the City of Menifee hereby finds and
determines that this ordinance is necessary as an emergency measure to preserve the public
peace, health, safety and welfare for the following reasons:
1. The City has received a number of requests for both stand-alone adult businesses
and adult business uses (including single events) at existing public locations, such as restaurants.
At present the City has adopted Riverside County Ordinance No. 743 regarding
adult business, and should instead adopt its own Ordinance specifically applicable to the City.
2. Numerous studies have been conducted concerning the negative secondary effects
of adult businesses, including studies in the cities of Kansas City, Missouri (1998-99; Denver,
Colorado (1998); Bellevue, Washington(1998); Cleburne, Texas (1997); Houston, Texas (1997);
Phoenix, Arizona(1995-98 and 1994); St. Mary's, Georgia(1996); Rome, Georgia(1995);New
York City,New York(1994); Garden Grove, California(1991); Tucson, Arizona(1990);
Adams, Colorado (1990); Seattle, Washington(1989); Manatee County, Florida(1987); Austin,
Texas (1986); Oklahoma City, Oklahoma(1986 and 1989); Indianapolis, Indiana and Los
Angeles, California(1984); St. Paul, Minnesota(1983); Beaumont, Texas (1982); Minneapolis,
Minnesota(1980); Whittier, California(1978); Amarillo; Texas (1977); Cleveland, Ohio (1977);
and Los Angeles, California(1977). These studies may be relevant to issues of concern in the
City.
3. It is necessary for the City to evaluate potentially negative secondary effects
which may be associated with adult businesses as a part of its effort to clarify and make
provision in the City's Municipal Code for adult businesses. Such secondary impacts may occur
even with single events involving adult uses. A comprehensive study of the matter is necessary
to determine if special regulations are necessary to ensure that negative secondary effects will
not contribute to an increase in crime rates or to the blighting or deterioration of the area in
which adult businesses are located or surrounding areas.
4. The City is concerned about possible harmful effects on children and minors
exposed to the adverse secondary effects of adult businesses and the deterioration of respect for
family values. The City also is concerned about single events with adult uses where there could
be a number of such single events or where they are allowed to proceed without a City ordinance
in place. The City further recognizes there may be a need and desire for children and minors to
stay away from and avoid such businesses when walking through or visiting the immediate
neighborhood of such businesses especially if such businesses were to be located close to
schools.
Ordinance No. 2009-55U
Adult Businesses
5. - The City is mindful of legal principles relating to regulation of adult businesses
and does not intend to suppress or infringe upon any expressive activities protected by the First
Amendments of the United States and California Constitutions, but instead desires to enact
reasonable regulations regarding time,place and manner of conducting business that address
potential negative secondary effects of adult businesses.
6. Because of the well-documented negative secondary effects created by adult
businesses,there is an urgent need to consider the adoption of zoning and/or other types of
regulatory ordinances pertaining to the location and operation of adult businesses within the City
in order to eliminate such negative secondary effects. Therefore,there is an urgent need to
prohibit adult businesses and adult business uses (including but not limited to single events)
within the City while such ordinances and regulations are being prepared in order to prevent such
businesses from locating in the City in a manner which conflicts with the ordinances and
regulations being contemplated by the City. Without such a prohibition, there is a current and
immediate danger of proliferation of adult businesses in the City without regard to appropriate
locational limitations. The potential proliferation of such businesses without appropriate
regulation creates a current and immediate threat of community-wide negative secondary
impacts, including adverse economic impacts, increased crime, decreased property values, and
deterioration of nearby neighborhoods.
7. The City Council intends to adopt, after appropriate study, zoning and/or other
ordinances pertaining to adult businesses as soon as practicable and has or will direct the
Community Development Department, Code Enforcement and the City Attorney to commence
studies and procedures necessary for the adoption of such Regulations
8. In order to allow the City Council, Planning Commission, City Staff and the
general public sufficient time to study these issues and to determine additions or changes should
be made to the Municipal Code, including the Zoning Code, it is necessary that this moratorium
be adopted in order to preserve the status quo and to prevent the premature establishment of an
adult business which may cause adverse secondary effects detrimental to the community.
SECTION 2. TEMPORARY PROHIBITION. Notwithstanding any of the provisions
of the Municipal Code or of Riverside County ordinances and specifically but not limited to
Riverside County Ordinance. No. 743, no applications for a rezone,planned unit development,
conditional use permit, development plan or site plan review, design review, use determination
adult business permit or other entitlement or approval shall be granted, nor shall any building,
occupancy or other permit be issued, for any development or tenant improvement for or related
to the establishment or operation of any adult business on any parcel or structure within the
boundaries of the City. Similarly, no person shall establish an adult business or conduct an adult
business use within the City except in a totally private venue to which the public is not invited,
such as a residence.
For purposes of this ordinance,the term "establish an adult business or conduct an adult
business use" means and includes any of the following:
a) The opening or commencement of any such business as a new business.
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Adult Businesses
b) - The conversion or expansion of an existing business, whether or not an adult
business as defined in this ordinance, to any business defined as an adult business
in this ordinance.
C) The initiation, addition to or expansion of any of the kinds of businesses or uses
defined as adult businesses in this ordinance to any other existing business
including but not limited to an adult business, as defined in this ordinance.
d) The relocation of any such business.
e) The conduct of any single event which involves an adult use, such as a
male/female revue or striptease at a restaurant, bar or nightclub regularly open to
the public, unless such event is at a totally private venue not open to the public
and to which the public is not invited, such as a residence, with no external
signage regarding the event as well as compliance with the provisions of any
other applicable City ordinances or regulations..
SECTION 3. DEFINITIONS. For the purpose of this ordinance, adult businesses shall
be defined as follows:
a. "Adult Bookstore" shall mean: Any establishment which as a regular and
substantial course of conduct displays or distributes sex-oriented merchandise,
books, periodicals, magazines, photographs, drawings, sculptures, motion
pictures, videos, films, digital video discs, digital video displays of any kind, or
other visual representations which are distinguished or characterized by an
emphasis on matter depicting, describing or relating to specified sexual activities
or specified anatomical parts.
b. "Adult Business" shall mean: Any establishment which as a regular and
substantial course of conduct performs or operates as a sex-oriented bookstore,
sex-oriented theater, sex-oriented motion picture arcade, sex-oriented cabaret,
sex-oriented motel/hotel, or sells or distributes sex-oriented merchandise or sex-
oriented material, or any other establishment which as a regular and substantial
course of conduct offers to its patrons products, merchandise, services or
entertainment which are distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities or specified
anatomical parts but not including those uses or activities,the regulation of which
is preempted by state law. "Sex-oriented business" shall also mean any
establishment which as a regular and substantial course of conduct provides or
allows performers, models, or employees to appear in any public place in lingerie
(or less?).
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C. "Adult Cabaret" shall mean: A nightclub, bar, restaurant or similar establishment
which features any type of live entertainment which is distinguished or
characterized by its emphasis on matter depicting, describing, or relating to
specified sexual activities or specified anatomical parts.
d. "Adult Hotel/Motel" shall mean: A hotel or motel which:
1. As a regular and substantial course of conduct provides to its patrons,
through the provision of rooms equipped with closed-circuit television,
video recorders or players or other medium, material which is
distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified anatomical
parts; or
2. Rents, leases, or lets any room for less than a six-hour period, or rents,
leases or lets any single room more than twice in a 24-hour period.
e. "Adult Material' shall mean: Any sex-oriented merchandise, or any book,
periodical, magazine, photograph, drawing, sculpture, motion picture film, video
tape recording, or other visual representation which is distinguished or
characterized by an emphasis on matter depicting, describing, or relating to
specified sexual activities or specified anatomical parts.
L "Adult Merchandise" shall mean: Sex-oriented implements or paraphernalia,
such as,but not limited to: dildos, auto sucks, sex-oriented vibrators, edible
underwear, benwa balls, inflatable orifices (including those in the likeness of
humans or animals), anatomical balloons with orifices, simulated or battery
operated vaginas, and similar sex-oriented devices which are designed or
marketed primarily for the stimulation of human genital organs or
sadomasochistic activity.
g. "Adult Motion Picture Arcade" shall mean: Any establishment containing any
manually operated, coin or slug operated, or electrically or electronically operated
or controlled, still or motion picture or video tape machines,projectors,players or
other image producing devices that are maintained to display images to five or
fewer persons per machine or per viewing room at any one time when those
images are distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified anatomical parts.
h. "Adult Motion Picture Theater" shall mean: Any business establishment which
projects and presents motion pictures, video tape recordings, slide photographs, or
other motion or still pictures which are distinguished or characterized by an
emphasis on matter depicting, describing, or relating to specified sexual activities
or specified anatomical parts.
i. "Adult Theater" shall mean: A theater, concert hall, dance hall, auditorium, or
similar establishment which features live performances which are distinguished or
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characterized by an emphasis on matter depicting, describing or relating to
specified sexual activities or specified anatomical parts.
j. "Specified Anatomical Parts" shall mean:
1. Less than completely and opaquely covered human genitals,pubic hair,
buttocks, natal cleft, perineum, anal region, pubic hair region, or female
breast below a point immediately above the top of the areola; or
2. Human male genitals in a discernable turgid state, even if completely and
opaquely covered.
k. "Specified Sexual Activities" shall mean:
1. Actual or simulated: sexual intercourse, oral copulation, anal intercourse,
oral anal copulation, bestiality, masturbation, direct physical stimulation
of genitals; pole dancing when it involves such actual or simulated
activities; flagellation or torture in the context of a sexual.relationship,the
use of excretory function in the context of a sexual relationship; or any of
the following depicted sexually-oriented acts or conduct, whether actual or
simulated: analingus, sodomy, coprophagy, coprophilla, cunnilingus,
fellatio, necrophilia,pederasty, pedophilia, pediophilla, sapphism,
urophilia, zooerastia, zoophilia; or
2. Clearly depicted human genitals in a state of sexual stimulation, arousal or
tumescence; or
3. Use of human or animal ejaculation; or
4. Fondling or erotic or sexually-oriented touching of human genitals, pubic
region, buttocks, natal cleft, anal region or female breast, including but not
limited to self-touching,touching by others or touching with an inanimate
object(such as money or sexual toys) or
5. Masochism; erotic or sexually-oriented torture, beating or the infliction of
pain;
6. Erotic or lewd touching, fondling, or other sexually-oriented contact with
an animal or animal replica(including but not limited to inflatable sheep,
ponies or other animals) by a human being; or
7. Human excretion, urination, menstruation, vaginal or anal irrigation; or
8. Striptease, or the removal of clothing, or the wearing of transparent or
diaphanous clothing, including but not limited to models appearing in
lingerie or wet clothing which has become translucent to the point where
specified anatomical parts can be seen through the clothing;
SECTION 4. ENFORCEMENT: Any violation of the provisions of this
Ordinance shall be treated as a violation of the Municipal Code and may be enforced by criminal
citation, administrative citation, or as a public nuisance.
SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or
portion of this ordinance for any reason is held invalid and unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portions hereof.
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Adult Businesses
SECTION 6. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
FINDING. This urgency ordinance is not subject to the California Environmental Quality Act
("CEQA")pursuant to § § 15060 (c)(2) (the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment) and 15060 (c)(3)the activity is not a
project(as defined in § 15378) of the CEQA Guidelines (Title 14, Chapter 3 of the California
Code of Regulations)because it has no potential for resulting in physical change to the
environment, directly or indirectly. This ordinance prevents changes in the enviromnent pending
the completion of the contemplated studies.
SECTION 7. URGENCY ORDINANCE EFFECTIVE IMMEDIATELY. This
ordinance is deemed necessary to protect the public peace, health and general welfare and is
adopted pursuant to the provisions of Section 65858 of the California Government Code. This
ordinance is an urgency ordinance which will become effective immediately upon its adoption
and shall remain in effect for forty-five (45) days. The City Clerk shall cause this ordinance to be
posted in at least three (3)public places in the City in accordance with Section 36933 of the
Government Code.
PASSED, APPROVED and ADOPTED this 18`h day of August, 2009,by the following
votes.
AYES: &VUHAI /
NOES: OLO
ABSENT:
ABSENT: �y�,
APPROVED:
Wallace W. Edgerton, Ma r
ATTEST:
Kathy Bennett, City Clerk
Approved as to form:
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Elizabeth Martyn, City Attorney
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