Ordinance 1849CITY OF ALAMEDA ORDINANCE NO. 1849,
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY ADDING
ARTICLE 4 -E TO CHAPTER 1 OF TITLE XI THEREOF DEFINING
AND REGULATING ADULT ENTERTAINMENT ACTIVITY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA that:
Section 1 . Purpose_ in the development and execution of
this Article, it is recognized that there are some uses which,
because of their very nature, are recognized as having serious
objectionable v operational characteristics, particularly when
several of them are concentrated under certain circumstances
thereby having a deleterious effect upon the 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 surrounding neighborhood. These special
regulations are defined in this Article as adult entertainment
activities. The primary control or regulation is for the purpose
of preventing a concentration of these uses in any one area.
Section 2 . Article 4--E, consisting of Sections 11 -14E1
through 11 -14E5, is hereby added to Chapter 1 of Title XI of the
Alameda Municipal Code, to read as follows:
ARTICLE 4 -E ADULT ENTERTAINMENT .. ACTIVITY
Sec. 11 -14E1 In General The occupancy of any
structure for adult entertainment activities shall conform
to the provisions of this article, and all other applicable
sections of this Chapter.
Sec. 11- -14E2 Definitions
(a) "Adult entertainment activity" shall mean an
adult book store, adult motion picture theater, peep show,
massage parlor, adult cabaret, pool or billiard establish-
ment, pawnshop or amusement hall.
(b) "Adult book store" shall mean an establishment
having as a substantial or significant portion of its stock
in trade, books, magazines, and other periodicals which are
distinguished or characterized by their emphasis on matter
depicting, describing or relating to "Specified Sexual
Activities" or "Specified Anatomical Areas," (as defined
below), or an establishment with a segment or section devoted
to the sale or display of such material.
(c) "Adult motion picture theater" shall mean an
enclosed building or drive -in theater used for presenting
material distinguished or characterized by an emphasis on
matter depicting, describing or relating to "Specified
Sexual Activities" or "Specified Anatomical Areas," (as
defined below) for observation by patrons therein.
(d) For the purpose of this section, "Specified Sexual
Activities" is defined as:
(1) Human Genitals in a state of sex stimulation
or arousal;
(2) Acts of human masturbation, sexual intercourse or
s odom y;
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(3) Fondling or other erotic touching of human genitals,
pubic region, buttock or female breast.
And "Specified Anatomical Areas" is defined as:
(1) Less than completely and opaquely cornered: (a)
human genitals, pubic region, (b) buttock, and
(c.) female breast below a point immediately above
the top of the areola; and
(2) Human male genitals in a discernibly turgid state,
,even if completely and opaquely covered.
(e) "peep show" shall mean a building used for the
same purpose as outlined above, but in which movies are
shown in individual cubicles or booths by separate coin -
operated movie projectors.
(f) "Massage establishment" is defined in Section
12- 762(b) of the Alameda Municipal code.
(g) "Adult cabaret" shall mean an establishment which
features topless dancers, go -go dancers, exotic dancers,
strippers, male or female impersonators, or similar
entertainers.
(h) "Amusement hall ".shall mean an establishment
having a substantial portion of its use devoted to pinball
machines, pool tables, coin operated machines on which the
player obtains a score or similar machines operated by an
attendant.
Sec. 11 -14F3 Permitted in c -2 Di stricts with Con-
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ditional Use Approval Adult entertainment activities are
permitted in C -2 districts subject to compliance with the
conditional. use requirements of Article 6 of this Chapter
and Section 11 -14E4.
Sec. 11 -14E4 Not Permitted in Certain Areas Adult
entertainment activities are not permitted within five
hundred (500) feet of any area zoned for residential use or
within one thousand (1,000) feet of another adult enter-
tainment activity.
Sec. 11 -14E5 Discontinuance of Nonconforming Adult
Entertainment Activity Within one year after the effective
date of this Article, all nonconforming adult book stores,
motion picture theaters, peep shows and cabarets shall be
discontinued or made to conform, except that such activities .
may continue for up to an additional two years upon the
granting of a conditional use permit pursuant to Article 6
of this chapter, except that the Planning Board must find,
in lieu of the requirements of Section ll -162, that the use,
if continued, would not create a public nuisance and that
the activity is either obligated by written lease of the
premises,exceeding one year of the effective date of this
Article, or that the activity involves investment of money
in leasehold or other improvements such that a longer
period is necessary to prevent undue financial hardship.
Section 3 . Severabzlty If any section, subsection, sub-
division, paragraph, sentence, clause or phrase of this ordinance
or any part thereof is for any reason held to be unconstitutional,
such decision shall not affect the validity of the remaining por-
tions of this ordinance or any part thereof. The City Council
hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, clause or phrase thereof, irre-
spective of the fact that any one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses or phrases be de-
clared unconstitutional.
Section 4. This ordinance shall be in full force and
effect from and after the expiration of thirty (30) days from the
date of its final passage.
Attest: Presi hg Officer of the Council
Ld
City Clerk
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I, the undersigned, hereby certify that the foregoing Ordinance
was duly and regularly adopted and Passed by the Council of the City of
Alameda in regular meeting assembled on the 18th day of January, 1977, by
the following vote, to wit:
AYES: Councilmen Beckam, Diament, Hurwitz, Sherratt and
President Corica, (5).
NOES: None.
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of said City this 19th day of January, 1977.
City Clerk of the City of Alameda