HomeMy WebLinkAboutAgenda Report - July 19, 2006 K-04AGENDA ITEM K-4
CITY of LOW
COUNCIL COMMUNICATION
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AGENDA TITLE: Introduce Ordinance Amending Lodi Municipal Code, Title 5 "Permits and
Regulations", Chapter 5.40 "Adult -Oriented Businesses", by Repealing and
Reenacting Section 5.40.020 "Location of Adult -Oriented Businesses" to add
"Residentially -Zoned Property" to the list of land uses subject to distance
regulations regarding the location of adult-oriented businesses; and Repealing and
Reenacting Section 5.40.400(D)(1) to delete the requirement that employees of
adult-oriented business be fingerprinted as part of the employee license process.
MEETING DATE: July 19, 2006
PREPARED BY: Janice D. Magdich, Deputy City Attorney
RECOMMENDED ACTION: Introduce Ordinance Amending Lodi Municipal Code, Title 5 "Permits and
Regulations", Chapter5.40 "Adult -Oriented Businesses", by Repealing and Reenacting Section 5.40.020
"Location of Adult -Oriented Businesses" to add "Residentially -Zoned Property" to the list of land uses
subject to distance regulations regarding the location of adult-oriented businesses; and Repealing and
Reenacting Section 5.40.400(D)(1) to delete the requirement that employees of adult-oriented business
be fingerprinted as part of the employee license process.
BACKGROUND INFORMATION:
Section 5.40.020 — Location 9f Adult -Oriented Businesses.
In 1992 the City of Lodi established its first regulations regarding adult business. That act by the City
Council set forth where adult businesses may be located within the community. Currently no -person is to
establish, conduct or permit to be established or conducted any adult-oriented business within one
thousand feet of any church, school, playground, child-care center or existing adult-oriented business.
The addition of "residentially zoned property" to the list of land uses subject to distance regulations
regarding the location of adult businesses furthers the intent of Lodi Municipal Code Section 5.40.020, as
the City has a substantial interest in preserving the quality of urban life within the City and distance
regulations regarding where adult businesses are located are designed to serve this interest by
decreasing blight and crime. The inclusion of "residentially -zoned properties" is a reasonable and related
extension of the types of land uses currently subject to distance regulations by the City. As the United
States Supreme Court has upheld distance regulations which prohibit adult businesses from locating
within 1,000 feet of any residentially zoned property, it is the opinion of the City Attorney's office that the
proposed revision to Section 5.40.020 is a constitutionally permitted regulation of adult-oriented
businesses.
Staff therefore recommends the addition of "residentially -zoned property" to the list of land uses subject
to distance regulations regarding the location of adult-oriented businesses.
Section 5.40.400(D)(1) —Ad -Oriented Business Employee License Re9uired:
In November 2003 the City Attorney's office brought an ordinance before the Council to amend Lodi
Municipal Code Title 5 "Permilts and Regulations", Chapter 5.40 "Adult -Oriented Businesses". In part, the
amendment was to eliminate the requirement that applicants for licensure under Chapter 5.40 provide
fingerprints. Due to an oversight, the Ordinance adopted by Council retained the requirement that
employees of adult-oriented businesses be fingerprinted as part of the City's licensure process (section
5.40.400(D)(1)). To correct this oversight, staff recommends the adoption of the proposed ordinance.
FUNDING: None
i
Janice Qagdich
City Attorney
Attachment — Proposed Ordinance
cc: Randy Hatch, Community Development Director
Jerry Adams, Police Chief
CitylCou nCamlOrdinances/Aduk8usinemes5.doc
APPROVED: / s=
Blair I , City Manager
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI
AMENDING LODI MUNICIPAL CODE TITLE 5 — PERMITS AND
REGULATIONS — CHAPTER 5.40, "ADULT-ORIENTED BUSINESSES,"
BY REPEALING AND REENACTING SECTION 5.40.020, "LOCATION
OF ADULT-ORIENTED BUSINESSES," TO ADD "RESIDENTIALLY -
ZONED PROPERTY" TO THE LIST OF LAND USES SUBJECT TO
DISTANCE REGULATIONS REGARDING THE LOCATION OF ADULT-
ORIENTED BUSINESSES; AND REPEALING AND REENACTING
SECTION 5.40.400(D)(1) TO DELETE THE REQUIREMENT THAT
EMPLOYEES OF ADULT-ORIENTED BUSINESSES BE
FINGERPRINTED AS PART OF THE EMPLOYEE LICENSE PROCESS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION 1. Lodi Municipal Code Title 5 — Permits and Regulations — Chapter 5.40,
"Adult -Oriented Businesses," Section 5.40.020, is hereby repealed and reenacted to
read as follows:
5.40.020 - Location of Adult -Oriented Businesses.
From and after adoption of this chapter, no person shall establish,
conduct, or permit to be established or conducted any adult-oriented
business within one thousand feet of any church, school, playground,
child care center, residentially zoned property, or adult-oriented business.
For the purposes of this section, the distance between uses shall be
measured in a straight line without regard to intervening structures from
the closest exterior wall of each business or use.
Adult-oriented businesses in existence on the effective date of this
chapter are deemed nonconforming uses, which may continue subject to
the provisions of Section 17.69.030.
SECTION 2. Lodi Municipal Code Title 5 — Permits And Regulations — Chapter 5.40,
"Adult -Oriented Businesses," Section 5.40.400(D)(1), is hereby repealed and reenacted
to read as follows:
5.40.400(D)(1) — A color photograph of the applicant clearly showing the
applicant's face. Any fees for the photograph shall be paid by the
applicant.
SECTION 3. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
§ECTION 4. No Mandatory Duty of Care. This ordinance is not intended to and shall
not be construed or given effect in a manner which imposes upon the City, or any officer
or employee thereof, a mandatory duty of care towards persons or property within the
City or outside of the City so as to provide a basis of civil liability for damages, except as
otherwise imposed by law.
SECTION 5. Severability. If any provision of this ordinance or the application thereof
to any person or circumstances is held invalid, such invalidity shall not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provision or application. To this end, the provisions of this ordinance are severable. The
City Council hereby declares that it would have adopted this ordinance irrespective of
the invalidity of any particular portion thereof.
SECTION 6. This ordinance shall be published one time in the "Lodi News -Sentinel," a
daily newspaper of general circulation printed and published in the City of Lodi and shall
take effect thirty days from and after its passage and approval.
Approved this day of '2006
SUSAN HITCHCOCK
Mayor
Attest:
JENNIFER M. PERRIN
Interim City Clerk
State of California
County of San Joaquin, ss.
I, Jennifer M. Perrin, Interim City Clerk of the City of Lodi, do hereby certify that
Ordinance No. was introduced at a regular meeting of the City Council of the City
of Lodi held July 19, 2006, and was thereafter passed, adopted and ordered to print at a
regular meeting of said Council held , 2006, by the following vote:
AYES: COUNCIL MEMBERS —
NOES; COUNCIL MEMBERS —
ABSENT: COUNCIL MEMBERS --
ABSTAIN: COUNCIL MEMBERS --
I further certify that Ordinance No. was approved and signed by the Mayor on the
date of its passage and the same has been published pursuant to law.
Approved as to Form:
Q. STEPHEN SCHWAEBAUER
Magdich
City Attorney
JENNIFER M. PERRIN
Interim City Clerk
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