(A) It is the purpose and intent of this title to regulate sexually oriented businesses to promote the health, safety, morals and general welfare of the citizens of the city and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually oriented businesses with the city, thereby reducing or eliminating the adverse secondary effects from the sexually oriented businesses. The provisions of this title have neither the purpose nor effect of imposing a imitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this title to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distribution and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of the ordinance to condone or legitimize the distribution of obscene material.
(B) One of the important purposes of the regulations set forth in this chapter is to discourage and to minimize the opportunity for criminal conduct. As such, nothing in this chapter shall permit or be interpreted to permit any use, conduct, and/or activity which is specifically prohibited under the following California Penal Code sections:
(1) Receipt of money for placement of person for purposes of cohabitation, Cal. Penal Code § 266d;
(2) Purchase of person for purposes of prostitution of placement of person for immoral purposes, Cal. Penal Code § 266e;
(3) Sale of person of immoral purposes, Cal. Penal Code § 266f;
(4) Pimping, Cal. Penal Code § 266h;
(5) Pandering, Cal. Penal Code § 266i;
(6) Lewd or obscene conduct, Cal. Penal Code § 314;
(7) Houses of ill-fame, Cal. Penal Code § 315;
(8) Disorderly houses which disturb the immediate neighborhood, Cal. Penal Code § 316;
(9) Places of prostitution, Cal. Penal Code § 317; and
(10) Places of prostitution; place of lewdness; place used as bathhouse permitting conduct capable of transmitting AIDS, Cal. Penal Code § 11225.
(C) Nothing in this chapter shall be interpreted to permit or permit any use, conduct and/or activity which violates any federal, state or local law of regulation.
(1995 Code, § 10.172.010) (Ord. 00-1854, passed - -2000)