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ORD. NS-1035 Council considered adoption of ORDINANCE ON-SALE LIQUOR OR BEER NS-1035 AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE BY ADDING NEW SUBSECTIONS TO SECTIONS 41-365, 41-376, 41-395, 41-424, AND 41-472 THEREOF TO REQUIRE A CONDITIONAL USE PERMIT FOR THE ESTABLISHMENT OF ON SALE LIQUOR OR BEER BUSINESS WITHIN 300 FEET OF AGRICULTURALLY OR RESIDENTIALLY ZONED OR USED PROPERTY. Subsequent to a motion to adopt Ordinance NS-1035 by Councilman Yamamoto, seconded by Councilman Markel, the following persons addressed the Council, requesting Council to act under the Quimby Walsh Act and adopt a strict ordinance that would keep the nude dancing, offensive entertainment and dirty book stores out of the Cityj especially in the area of Harbor Boulevard and Bolsa where these bars seem to flourish: Anthony Nieto, 10962 Kern Avenue, Garden Grove, representing the Citizens Action Council of Orange County; Tom Muller, 5313 West Kilson; Bill Henry, Fountain Valley; Reverend W.B. Ramsey, 533 South Wood; A1 Wolf, 4921 W. Roberts; TedLogness, Garden Grove; Vince Scotti, 307 S. Newhope. They asked why the City could not enact legislation under the provisions of the Quimby Walsh A ct. The Mayor explained that the Council felt just as strongly as the residents, but that the courts' rulings would make it impossible for the City to sustain an Ordinance based on the Quimby Walsh Act. The City Attorney explained that lewd and lascivious conduct and indecent exposure are against the law and there was no necessity to add to those laws; however, the courts have held that topless and bottomless dancing are freedom of expression; and that if it goes beyond that~ it is against the law. He explained that the validity of the Alcoholic Beverage Control Board's new laws has been challenged in the courts. The City Attorney further explained that the ordinance being considered for adoption at this lime was an attempt to remove these offensive activities from residential areas and that the Alcoholic Beverage Control Board's new regulations would offer considerable relief at the State level; that the Quimby Walsh Act purpo:~ts to give local jurisdiction in the area of topless dancing but that if a local body does legislate, and the matter goes through the courts, they have continuously upheld that nude dancing is not an obscenity, so that local legislation is valueless. After further discussion, the motion to adopt Ordinance NS-1035 was passed on the following roll call vote: AYES: NOES: ABSENT: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset None None CITY COUNCIL -259- September 8, 1970