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NS-2373
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Last modified
1/3/2012 1:02:18 PM
Creation date
6/26/2003 10:08:09 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2373
Date
12/7/1998
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380 <br /> <br /> L. The City Council recognizes the possible harmful effects on children and <br />minors exposed to the effects of adult business uses and the need and desire to insure <br />that children and minors are not exposed to such businesses. <br /> <br /> M. Nothing in this Ordinance is intended to authorize, legalize, or permit <br />the establishment, operation, or maintenance of any business, building, or use which <br />violates any City ordinance or. any statute of the State of California regarding public <br />nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or <br />harmful matter or the exhibition or public display thereof. <br /> <br /> N. The City Council does not intend to regulate in any area preempted by <br />California law, including but not limited to regulation of obscene speech, nor is it the <br />intent of the City Council to preempt regulations of the State Alcoholic Beverage <br />Commission ("ABC"). <br /> <br /> O. The City Council recognizes that the California Legislature has explicitly <br />found and declared, in section l(a) of Chapter 726 of the Statutes of 1998 (AB 726), <br />that: "The presentation of live nude entertainment within adult or sexually oriented <br />business may be found to create undesirable secondary effects including, but not <br />limited to, an increase in criminal activities such as prostitution and drug dealing in <br />:the vicinity of the property on which the entertainment is being provided." <br /> <br /> P. The City Council further recognizes that, in adopting Government Code <br />section 65850.4(b), the Legislature has explicitly found and declared that city <br />councils "may consider any harmful secondary effects [an adult or sexually oriented] <br />business may have on adjacent cities and counties and its proximity to churches, <br />schools, residents and other businesses located in adjacent cities or counties." <br /> <br /> Q. This ordinance would be consistent with the General Plan in that <br />it would establish locational criteria and development and operating standards needed <br />ensure that the uses regulated by this Ordinance are compatible with surrounding land <br />uses. <br /> <br /> R. It is the City Council's intent that any person aggrieved by a permit, <br />licensing or decision on a grant of authority made pursuant to this Ordinance shall be <br />afforded prompt judicial review of that decision as provided for by the procedures of <br />this Ordinance and existing California law. <br /> <br />7 <br /> <br /> <br />
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