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repealed.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.
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\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)