Ord98 2141 - Laserfiche WebLink

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state law prohibits the distribution of such material and expects and encourages law enforcement officials to enforce state obscenity statutes against such illegal activities in the City of Redwood City. (j) 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 or indecent exposure, sexual conduct, lewdness, obscene or harmful matter or the exhibition or public display thereof. (k) In prohibiting public nudity in sexually oriented businesses, this Council does not intend to proscribe the communication of erotic messages or any other communicative element or activity, but rather only to prohibit public nudity due to the secondary effects associated with such public nudity. (1) This Council also finds, as a wholly independent basis, that it has a substantial public interest in preserving societal order, and that such interest is furthered by a prohibition on public nudity; and (m) While this Council desires to protect the fights conferred by the United States and California Constitutions to sexually oriented businesses, it does so in a manner that ensures the continued and orderly development of property within the City and diminishes, to the greatest extent feasible, those undesirable secondary effects which the aforementioned studies have shown to be associated with the development and operation of sexually oriented businesses. (n) In enacting a nudity limitation, this Council declares that the limitation is a regulatory licensing provision and not a criminal offense. This Council has not provided a criminal penalty for a violation of the nudity limitation. This Council adopts such a limitation only as a condition of issuance and maintenance of a sexually oriented business permit issued pursuant to the amendment enacted hereby. (o) This Council finds that preventing the exchange of money between entertainers and patrons also reduces the likelihood of drag and sex transactions occurring in sexually oriented businesses. (p) Requiring separations between entertainers and patrons reduces the likelihood that such persons will negotiate narcotics sales and/or transact sexual favors within the sexually oriented business. (q) Enclosed or concealed booths and dimly lit areas within sexually oriented businesses greatly increase the potential for misuse of the premises, including unlawful conduct of a type that facilitates transmission of disease. Requirements that all indoor areas be open to view by management at all times, and that adequate lighting be provided are necessary in AdOrd- 1 4 f/sh/sh/RC//ComDev 04/22/98 DES:rg