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Ordinance 2002-25ORDINANCE NO. 2002-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING SECTION 2A.2 OF THE CITY CODE REGARDING REGULATION OF ADULT BUSINESSES WHEREAS, the City Council finds that this City Code amendment is necessary to protect the health, safety and welfare of the residents of Gilroy; and WHEREAS, certain Adult Businesses are regulated pursuant to City Code Section 2A.1, a specific category of which is defined in Section 2A.l(a)(12) as a business or commercial establishment entitled "Sexual Encounter Establishment" that as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of "Specified Sexual Activities," or the exposure of "Specified Anatomical Areas," or activities when one or more persons is "Semi- Nude" or in the "State of Nudity," all as defined in City Code Section 2A.1; and, WHEREAS, the City Council finds that there are Sexual Encounter Establishments in other localities, and that there is evidence that such establishments have been found to facilitate the spread of the HIV Virus (AIDS), Hepatitis B, Syphilis and other Sexually Transmitted Diseases (STDS), as a result of such sexual activities among patrons; and WHEREAS, the City Council has a substantial interest in prohibiting activities which could lead to an increase in incidents of AIDS and STDS in the community; and WHEREAS, the City Council recognizes the harmful effects on individuals and the community that can result from the operation of Sexual Encounter Establishments, and thereby intends to prohibit them in order to protect the health, safety, and welfare of the citizens of Gilroy; protect the citizens from increased crime; preserve the quality of life; preserve property values and the character of surrounding neighborhoods and businesses; and deter the spread of urban blight and protect against the threat to health from the spread of AIDS and STDS; and WHEREAS, the City Council further finds that nothing in this ordinance amendment 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 ~JH~566900.1 _ ] _ 01-100102-04706002 Ordinance No. 2002-25 California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter or the exhibition or public display thereof; and WHEREAS, the Supreme Court has held that adult businesses such as sexual encounter establishments are not protected by the First Amendment; and WHEREAS, the City Council further rinds that in prohibiting Sexual Encounter Establishments, the City Council does not intent to proscribe the communication of erotic messages or any other protected communicative element or activity; and WHEREAS, the City Council further finds, as a wholly independent basis, that it has a substantial public interest in preserving societal order and morality, and that such interest is furthered by a prohibition on Sexual Encounter Establishments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Section 2A.2 of the City Code entitled "Prohibition" is hereby amended by adding subsection 2A.2(c), which shall read as follows: "(c) It shall be unlawful for any person to use any premises for a Sexual encounter establishment or establish or operate a Sexual encounter establishment in any zoning district of the city." SECTION II If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Gilroy hereby declares that it would have passed and adopted this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. ~JH~66900.1 -2- 01-100102-04706002 Ordinance No. 2002-25 SECTION III This Ordinance shall be in full force and effect thirty (30) days after the date of its passage and adoption. PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this 21st day of October, 2002, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, and SPRINGER NONE VELASCO APPROVED: Thomas W. Springer,~3~yor~ Rhonda Pellin, City Clerk ~J~66~00.~ -3- o1-1o01o2.o47o6oo2 Ordinance No. 2002-25 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2002-25 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 21st day of October, 2002, at which meeting a quorum was present. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 5th day of November, 2002. City Clerk of the City of Gilroy (Seal)