SAN CLEMENTE : City to Revise Law on Adult Businesses

The City Council has approved an emergency measure barring the opening of any new adult-oriented businesses before city officials revise an ordinance regulating such enterprises.

Assistant City Atty. Jeffrey A. Goldfarb told the council that the city’s ordinance is similar to one in Anaheim that was recently struck down by state and federal courts as unconstitutionally vague.

The San Clemente ordinance requires that an adult-oriented business receive a conditional-use permit before opening. The Planning Commission can deny such a permit if it determines that the “establishment, maintenance, or operation of the use may be detrimental to the health, safety, morals, comfort or general welfare of the people working or residing in the area,” Goldfarb said in an Aug. 30 report to the council.

As recently as July, courts have ruled that such broad reasons for turning down a conditional-use permit could be used to circumvent First Amendment protection of free speech, Goldfarb said.

The city attorney’s office has been working on revisions for about a year and expects to have a new ordinance ready for consideration on Sept. 15. The new ordinance will affect topless bars, adult book stores and adult-oriented motels.

But with the recent court rulings, city officials urged passage of a temporary moratorium to prevent the possibility of an adult-oriented business from opening free of regulations as the city revises its ordinance.

The temporary moratorium, which will be in effect for about 45 days, will not affect the city’s only adult-oriented business, a motel in the south end, officials said.