NS-2372 - Extending the Prohibtion on the Establishment of Any New, or Expansion of Any Existing, Adult Entertainment Business, and Providing an Exception Process for Certain Businesses

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365 5. In order to prevent the frustration of said studies and the implementation thereof, the public interest, health, safety and welfare require the immediate enactment of an ordinance extending the emergency ordinance. The absence of such an ordinance would create a serious threat to the orderly and effective implementation of any Code amendments, general plan amendments or specific plan amendments which may be adopted by the City as a result of the studies, in that further development of adult uses within the City may be in conflict with or frustrate the contemplated updates and revisions to the Code, general plan or specific plans and may result in the secondary effects from adult uses in conflict with the contemplated updates and revisions to the Code, general plan and/or specific plans. 6. Experience in this City, as well as in other portions of southern California including the County of Los Angeles, the City of Garden Grove and other cities in other states including the cities of Renton, Washington; Seattle, Washington; Detroit, Michigan; Austin, Texas; Indianapolis, Indiana; and Phoenix, Arizona have demonstrated that such uses have objectionable secondary effects upon immediately adjacent residential and com- mercial areas. The City recognizes and relies upon the experience of these other cities and counties in adopting adult business regulations including the County of Los Angeles; City of Renton, Washington (as discussed in City ofRenton v. Playtime Theatres, Inc. (1976) 475 U.S. 41); the City of Seattle, Washington (as discussed in Northend Cinema v. City of Seattle (1978) 90 Wash.2d 709, 585 P.2d 1153); and the County of Palm Beach, Florida (as discussed in Movie & Video Worm v. Board of County Commissioners (S.D. Fla. 1989) 723 F.Supp. 695) in support of this Ordinance. The City also recognizes and relies upon the studies done by: (1) the City of Los Angeles in 1977; (2) the 1991 report to the City of Garden Grove by Drs. McCleary and Meeker on the relationship between crime and adult business operations; (3) the 1979 Adult Use Study by the Phoenix Planning Department; (4) the 1984 "Analysis of Adult Entertainment Businesses in Indianapolis" by the Department of Metropolitan Development; (5) Austin, Texas' 1986 study on effects of adult businesses; (6) Oklahoma City, Oklahoma (1986); (7) Houston, Texas (1983); (8) Beaumont, Texas (1982); (9) Minneapolis, Minnesota (1980); (10) Amarillo, Texas (1977); and (11) Cleveland, Ohio (1977). 7. The City Council finds that this ordinance, extending the emergency ordinance, is immediately required to preserve the City, including the City's commercial and residential areas from the possible secondary effects of adult uses during such period of time to complete the studies and proposed revised Code in order to protect the City and its residents from the above-recognized potential secondary effects. 8. The City Council finds, determines and declares that the current and immediate threat to the public health, safety and welfare of the City and its citizens necessitates the