Ord 1998-011 - Laserfiche WebLink

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SECTION 7: It is not the intent of the San Leandro City Council in enacting this ordinance, or any provision thereof, to condone or legitimize the distribution of obscene material, and the City recognizes that state law prohibits the distribution of certain materials and expects and encourages law enforcement officials to enforce state obscenity statutes against such illegal activities within the City of San Leandro. SECTION 8: 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. SECTION 9: The prohibition of public nudity in Adult- Oriented Businesses is not intended to regulate any communicative element or activity but rather only to preclude the adverse secondary impacts associated with public nudity, especially prostitution. SECTION 10: The City Council desires to protect the rights conferred by the United States Constitution to Adult- Oriented Businesses 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 Adult- Oriented Businesses. SECTION 1 1: In enacting a nudity limitation, the City declares that the limitation is a regulatory licensing provision and not a criminal offense; and that the City has not provided a criminal penalty for a violation of the nudity limitation and adopts such a limitation only as a condition of issuance and maintenance of an Adult- Oriented Business permit issued pursuant to the City Code. SECTION 12: The City Council finds that preventing the exchange of money between entertainers and patrons and requiring physical separations between entertainers and patrons reduces the likelihood that such persons will negotiate drug and/or sex transactions within the Adult- Oriented Business. SECTION 13: Enclosed or concealed booths and dimly lit areas within Adult- Oriented Businesses greatly increase the potential for misuse of the premises, including unlawful sexual conduct; and requirements that all indoor areas . be open to 5