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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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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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1/3/2012 1:02:17 PM
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City Clerk
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Ordinance
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NS-2372
Date
10/19/1998
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369 <br /> <br />appeal. The City Council shall render a decision on the appeal within thirty (30) days of <br />the hearing, which decision shall be in writing. <br /> <br />E. Prompt Judicial Review. <br /> <br /> Any aggrieved person shall have the right to prompt judicial review of the City <br />Council's decision on whether to issue an exception. In making its decision, the City <br />Council shall give the applicant, and any other person who has requested a copy of the <br />decision, direct notice that the time to challenge the decision is governed by California <br />Code of Civil Procedure section 1094.6. All challenges to the Council's decision shall be <br />governed by the provisions of California Code of Civil Procedure section 1094.5, except <br />that the City shall prepare and certify the administrative record of proceedings, should it be <br />requested by petitioner, within twenty (20) days of the request, and the City Attorney is <br />directed to lodge the administrative record directly with the Court without first obtaining <br />payment from the petitioner. <br /> <br />F. Definitions. <br /> <br /> In addition to the definitions contained in the Code, the following words and <br />phrases shall, for the purposes of this ordinance, be defined as follows, unless it is clearly <br />apparent fi.om the context that another meaning is intended. Should any of the <br />definitions be in conflict with the current provisions of the Code, these def'mitions shall <br />prevail: <br /> <br />1. "Adult entertainment business" shall mean any one of the following: <br /> <br /> a. Adult arcade. The term "adult arcade" as used in this ordinance is an <br />establishment where, for any form of consideration, one or more still or motion <br />picture projectors, or similar machines, for viewing by five (5) or fewer persons <br />each, are used to show films, computer generated images, motion pictures, video <br />cassettes, slides or other photographic reproductions thirty (30) percent or more <br />of the number of which are distinguished or characterized by an emphasis upon <br />the depiction or description of specified sexual activities or specified anatomical <br />areas. <br /> <br /> b. Adult bookstore. The term "adult bookstore" as used in this <br />ordinance is an establishment that has thirty (30) percent or more of its stock in <br />books, magazines, periodicals or other printed matter, or of photographs, films, <br /> <br />6 <br /> <br /> <br />
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