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Ordinance 1999-17ORDINANCE NO. 99-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING CHAPTER 2A OF THE GILROY CITY CODE REGULATING ADULT BUSINESSES WHEREAS, Chapter 2A of the Gilroy City Code regulates the establishment and operation of an adult business within the City of Gilroy; and WHEREAS, in order to establish and operate an adult business in the City of Gilroy, pursuant to Chapter 2A of the Gilroy City Code a person must seek and receive an adult business license; and WHEREAS, Chapter 2A of the Gilroy City Code presently provides for judicial review of the denial or revocation of an adult business license pursuant to California Code of Civil Procedure Section 1094.5 and 1094.6; and WHEREAS, the California State Legislature recently adopted California Code of Civil Procedure section 1094.8 so as to meet the requirements imposed by the Ninth Circuit Court of Appeals in the matter of Baby Tam & Co., Inc. v. City of Las Vegas, 154 F.3d 1097 (1998), wherein the Court stated that an expedited procedure for judicial review of decisions by a local public agency regarding the issuance, revocation, suspension, or denial of a license is required for all licenses involving expressive conduct protected by the First Amendment to the United States Constitution. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: \KHIVi~451991,01 - ~ - 91-072904706002 ORDINANCE NO. 99-17 repealed. Section I Thatthe existing section 2A. 16. of Chapter 2A ofthe Gikoy City Code is hereby Section I That a new section 2A. 16. of Chapter 2A is hereby added to the Gilroy City Code to read in its entirety as follows: "Sec. 2A. 16. Judicial review. After a final decision of the city on a permit, the applicant or permittee or other person having standing may seek prompt judicial review of such action in any court of competent jurisdiction." Section III If any section, subsection, subdivision, paragraph, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each and every provision herein, irrespective of the possibility that one of more provisions might be declared invalid. // // // // // \KHM\451991.01 - 2 - ORDINANCE NO. 99-17 91-072904706002 Section IV All other ordinances and parts of ordinances in conflict herewith are hereby repealed. This ordinance shall take effect and be in full force thirty days from and after its adoption and approval. PASSED AND ADOPTED this 20th day of September, 1999 by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, GILROY NONE NONE APPROVED: K.A. Mike Gilroy, Mayor ATTEST: Rhoflda Pell'm, City Clerk \KHM\451991.01 - 3 - 91-072904706002 ORDINANCE NO. 99-1 7 I, RHONDA PELL1N, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 99-17 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 20th day of September, 1999, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 22nd day of September, 1999. City Clerk Of the City of Gilroy (Seal)