HomeMy WebLinkAboutAgenda Report - July 6, 1994 (56)r
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CITY OF LODI
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COUNCIL COMMUNICATION
AGENDA TITLE: An Urgency Ordinance Regulating Nude, Semi -Nude and Topless
Outcall Entertainment
MEETING DATE: July 6, 1994
PREPARED BY: City Attorney
RECOMMENDED ACTION: Council consideration and direction; possible adoption
of Urgency Ordinance No. 1597.
BACKGROUND INFORMATION: During the week of June 2%, 1994, City staff was
contacted by an individual interested in starting a
business offering topless or bikini -clad maid service.
It was her proposal to operate her business in Stockton, Lodi and the
unincorporated areas of San Joaquin County.
In examining Lodi Is adult business ordinance, it quickly became clear that the
business proposed did not fall within the definitions of the present
ordinance. As such, the applicant would need only a business license to
operate in Lodi. It was felt that although this proposed activity did not fall
squarely within the limitations of the adult business ordinance in the
Municipal Code, it was essentially similar enough to warrant the immediate
consideration of Council as to whether it should be included. On that basis,
the attached urgency ordinance was prepared and is presented to the Council for
consideration. The ordinance simply includes in the definition of businesses
subject to the adult business regulations a description of "outcall" adult
entertainment, and forbids offering such adult entertainment anywhere except at
a fixed place of business otherwise in compliance with the adult business
ordinance.
FUNDING: Not applicable.
Respectfully submitted,
Bob McNatt^
City Attorney
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APPROVED------------------------- -- ----------- ��
THOMAS A. PETERSON acvuea pave,
City Manager J
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ORDINANCE NO. 1597
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AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF LODI AMENDING CHAPTER 5.40 OF THE
LODI MUNICIPAL CODE BY ADDING THERETO SS.40.020 (A)(7) DEFINING
"OUTCALL ADULT BUSINESSES" AND FURTHER ADDING THERETO SS.40.070
PROHIBITING OUTCALL ADULT RELATED BUSINESSES
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION 1. Section 5.40 of the Lodi Municipal Code are hereby amended
to read as follows:
SECTION 5.40.020 (A)(7) "OUTCALL ADULT -RELATED BUSINESS" shall
mean any business or commercial entity offering at any location
other than a fixed place of business in the City of Lodi services
or entertainment involving specified sexual activities or
featuring specified anatomical areas. "Outcall" shall include
but not be limited to the offering of such services or
entertainment at any residence, hotel, motel or other commercial
establishment, other than the place of business for which such
entity is licensed.
SECTION 5.40.070 "OUTCALL ADULT -RELATED BUSINESSES PROHIBITED"
All operation of adult businesses involving specified sexual
activities or specified anatomical areas as defined herein, or
the presentation of any live nude, semi-nude or topless
entertainment shall be conducted completely on licensed premises
otherwise in compliance with this chapter. No outcall
adult -related business, services or entertainment involving
specified sexual activities or specified anatomical areas shall
be permitted.
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SECTION 2. All ordinances and parts of ordinances in conflict herewith
are repealed insofar as such conflict may exist.
SECTION 3. This is an urgency ordinance under Government Code Section
36934, based on health, uafety and welfare considerations arising from
the City's desire to prohibit oitcall adult -related businesses, and the
imminent likelihood that such businesses will commence operation within
the City. On this basis, the City Council finds such adult -related
businesses can negatively impact the local quality of life, attract
undesirable persons who may engage in criminal conduct, and generally
make the City a less desirable place to live.
SECTION 4. This urgency 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 shr.11 be in force and take effect
immediately.
App,,c.✓ed this 6th day of July 1994
JACk IN. SIEGLOCK
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Attest:
JENNIFER M. PERRIN
City Clerk -
State of California
County of San Joaquin, ss.
I, Jennifer M. Perrin, City Clerk of the City of Lodi, do hereby
certify that Ordinance No. 1597 was adopted as an urgency ordinance at
a regular meeting of the City Council of the City of Lodi held July 6,
1999, and was thereafter passed, adopted and ordered to print by the
following vote:
Ayes: Council Members - Mann, Pennino, Snider and
Sieglock (Mayor)
Noes: Council Members - None
Absent: Council Members - Davenport
Abstain: Council Members - None
I further certify that Ordinance No. 1597 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
BOBBY W. MCNArr
City Attorney
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V+JNMXER
City Clerk