HomeMy WebLinkAbout1996-03-12 - AGENDA REPORTS - STRINGENT REGS ADULT BUSINESS (2)AGENDA REPORT
City Manager Approval
4
Item to be presented by:
Rich Henderson
NEW BUSINESS
DATE: March 12, 1996
SUBJECT: SUMMARY TO COUNCIL ON OPTIONS FOR MORE STRINGENT
REGULATIONS ON ADULT BUSINESSES
DEPARTMENT: Community Development
NO: n1W&eK416W
Pursuant to the Council's request, the City Attorney prepared a summary related to options
available for revising the City's Municipal Code regarding adult businesses. The City's
Unified Development Code defines an adult business as any business which, because minors
are excluded by virtue of their age as a prevailing business practice, is not customarily open
to the general public and wherein the preponderant business is the offering of services,
materials, and/or products which have as their dominant theme the sexual arousal, sexual
gratification, and/or sexual stimulation of a customer. Examples of an adult business could
include an adult arcade, adult bookstore (where over 15% of the total floor area for the
establishment is devoted to the sale of adult only books and periodicals), and adult theater..
The City's Unified Development Code presently allows for adult businesses in the Community
Commercial, Industrial Commercial and Industrial zones provided that a conditional use
permit (CUP) is approved. The City has not received a conditional use permit request for an
adult business since adoption of the code. Additionally, there has not been a high interest
to open such a facility within the City.
The City Attorney has cited a concern with the enforceability of our conditional use permit
procedure due to the findings that must be met to issue a CUP and due to the lack of a
specific time period within which the permit must be acted upon. Because of these issues,
the City Attorney has provided the City with some options to make the adult business section
of the code more stringent and effective. These options include establishing: a separate adult
business planning permit, a time period in which the permit would be acted upon, and
location requirements. The County of Los Angeles recently revised their requirements
related to adult businesses.
Staff would recommend that the item be referred to the Planning Commission for their
review of the options and recommendation to the Council.
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RECOMMENDATION
Refer this item to the Planning Commission for public hearings on an amendment to the
City's Municipal Code related to adult businesses.
GAC:KP:GEA
council\aradlt.bus