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Ordinance No. 1063254 ORDINANCE NO. 1063 AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING REGULATIONS FOR ADULT ORIENTED BUSINESSES AND DECLARING THE URGENCY THEREOF. WHEREAS, the City Council of the City of Cypress has the authority to react when the potential exists for jeopardy to the public health, safety and general welfare of its citizens; and WHEREAS, the City Council finds and determines that the proliferation of adult oriented businesses, as defined herein, pose a threat to the residents of the City of Cypress due to the harmful secondary effects of such businesses; and WHEREAS, courts have upheld the rights of cities to protect its citizens from the harmful secondary effects of adult oriented businesses, as defined herein (City of Renton v. Playtime Theaters, Inc. (1986) 475 U.S. 41; City of National City v. Wiener (1992) 3 Ca1.4th 832); and WHEREAS, the City Council believes there is a real and credible threat of new adult businesses opening in the City and is concerned about the possible impacts that could reasonably result from the imminent increase in the number of adult businesses within City limits; and WHEREAS, the City Council believes that this ordinance will facilitate the control and regulation of adult businesses in the City without unconstitutionally infringing on any person's First Amendment rights; and WHEREAS, City Council believes that this ordinance is critical for the immediate protection of Cypress residents, for the preservation of the public welfare, and will help attain the foregoing objectives; and WHEREAS, the City Council wishes to ensure its laws are reasonably clear and definite, and not open to multiple interpretations by those who are regulated by such laws, by making it clear that a business that "offers" adult entertainment, including advertising via television, radio, website, newspaper, window signs, or other similar medium, shall be regulated by the City's adult business laws; and WHEREAS, this ordinance is adopted as an urgency measure pursuant to Government Code Section 36934 and is for the immediate preservation of the public safety, peace, health and welfare. NOW, THEREFORE, the City Council of the City of Cypress, California, does ordain as follows: SECTION 1. The City Council of the City of Cypress finds that the above recitals are true and correct. SECTION 2. The definition of "Regular and substantial course of conduct and regular and substantial portion of its business," as provided in Section 15F -2 of the Cypress Municipal Code is hereby amended to read as follows: "Regular and substantial course of conduct and regular and substantial portion of its business. "Regular and substantial course of conduct and regular and substantial portion of its business" shall mean any adult business where one (1) or more of the following conditions exist: (1) The area(s) devoted to the display of adult material exceeds fifteen percent (15 %) of the total display area of the business; or 255 (2) At least twenty -five percent (25 %) of the gross receipts of the business are derived from the sale, trade, rental, display or presentation of services, products, adult material, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas;" or (3) The business presents or offers to present, on any four (4) or more separate days within any thirty (30) day period, live entertainment that is characterized by an emphasis upon specified any "specified sexual activity" or "specified anatomical parts," or performers, models or employees dressed only in lingerie. (4) The business presents or offers to present, on any four (4) or more separate days within any thirty (30) day period, nonlive entertainment that is characterized by an emphasis upon "specified sexual activity" or "specified anatomical parts," or performers, models or employees dressed only in lingerie. SECTION 3. The definition of "Offers to present" is added to the list of definitions provided in Section 15F -2 of the Cypress Municipal Code, to read as follows: Offers to present. "Offers to present" includes, but is not limited to, causing or permitting any offer or advertisement in any manner, including television, radio, website, newspaper, window signs and any other similar advertisement of the materials or entertainment regulated by this chapter. SECTION 4. Statement of Intent. A. The intent of this ordinance amendment is to regulate adult oriented businesses which, because of their very nature, are believed to have any of the recognized significant secondary effects on the community which include, but are not limited to: depreciated property values and increased vacancies in residential and commercial areas in the vicinity of the adult oriented businesses; higher crime rates, noise, debris or vandalism in the vicinity of adult oriented businesses; and blighting conditions such as low level maintenance of commercial premises and parking lots which thereby have a deleterious effect upon adjacent areas. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the neighborhoods in the vicinity of the adult oriented businesses. It is neither the intent, nor effect of this section to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent, nor effect of this section to restrict or deny access by adults to sexually oriented materials or merchandise protected by the First Amendment, or to deny access by the distributors or exhibitors of adult oriented businesses to their intended market. B. Nothing in this ordinance is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any city ordinance or any statute of the state of California regarding public nuisances, unlawful exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof. SECTION 5. Severability. It is the intention of the City Council that the sections, subsections, clauses and phrases of this Ordinance are severable, and if any portion of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity or the remainder of the Ordinance, and the City Council would have enacted such remainder without the portion found to be invalid or unconstitutional. SECTION 6. Construction. The provisions of this Ordinance shall be construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety and convenience. 256 SECTION 7. Urgency. The City Council hereby declares this Ordinance to be an urgency measure in accordance with Government Code § 36934 due to the immediate need for regulations to protect public safety from the secondary effects that may result from the operation of adult businesses within the city and that it shall take full force and effect immediately upon its passage. This ordinance shall be in full force and effect immediately upon its adoption. SECTION 8. Publication. The City Clerk of the City of Cypress shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted and published in the manner and the time required by law. ADOPTED as an URGENCY ORDINANCE at a regular meeting of the City Council of said City held on the 8th day of November, 2004. ATTEST: Y CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA COUNTY OF ORANGE ) SS 40 fr, MAYOR OFTCl/TY /iF CYPRESS I, JILL R. GUERTIN, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of said City Council held on the 8th day of November, 2004, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: McCoy, McGill, Sondhi and Piercy NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Keenan Y CLERK OF THE CITY OF CYPRESS