Council Approves 500-Foot Buffer for Adult Stores

The Los Angeles City Council on Wednesday approved an ordinance that supporters say could force most of the city’s sexually oriented businesses to move from residential neighborhoods or close within two years.

The measure, proposed by West San Fernando Valley Councilman Hal Bernson, prohibits existing adult bookstores, massage parlors, sex movie theaters and other sexually oriented establishments within 500 feet of homes. It was approved unanimously and sent to Mayor Tom Bradley for his signature.

Los Angeles had 125 adult businesses, mostly in Hollywood, North Hollywood and Studio City, when the last Planning Department count was done in 1984. Of those, all but 17 would have to move or close under the ordinance, city planner Charles Rozzelle said.

The council in 1982 approved a measure by Bernson applying the 500-foot buffer to new businesses. Because of legal questions raised by the city attorney, however, Bernson held off seeking to apply the restrictions to existing businesses.

City lawyers say the new ordinance resolves the concerns by giving the businesses two years to move to sites conforming to the 500-foot requirement, allowing them time to recover their investments.

The ordinance also allows the businesses to obtain approval from a city zoning administrator, after public hearings, to stay at their present location if they can prove that no other sites are available or the move would cause a financial hardship.

Roger Jon Diamond, an attorney for a number of adult businesses, said Wednesday he believes the ordinance is unconstitutional.

Diamond said the 500-foot buffer zone between adult businesses and residences, when combined with an existing city prohibition on sexually oriented establishments locating within 1,000 feet of each other, effectively bans such businesses.

“While cities have the right to regulate where these businesses can be located, they cannot ban them,” Diamond said.