SEAL BEACH : City Plans Ordinance on Topless Clubs

City officials say they do not expect a rush by the purveyors of adult entertainment into Seal Beach if a proposed ordinance is approved by the City Council.

In response to a flurry of state and federal court rulings citing a First Amendment right to provide topless entertainment, the City Council on Monday night will vote on a proposed ordinance to establish a clear set of guidelines for strip clubs.

“I don’t know if you can say whether this will make it easier or harder for these types of businesses to locate here, the law will just be more specific,” said Lee Whittenberg, city director of development services.

“Our attempt in crafting this ordinance is to keep those kinds of businesses as far away from the residential neighborhoods as possible. It’s basically prompted by a court decision,” Whittenberg added.

In July, 1993, a federal district court judge ruled that dancers at an Anaheim nightclub had a constitutionally protected right to go topless. The judge upheld the city’s right to regulate where such businesses are located, but he ruled that Anaheim’s ordinance violated previous federal court decisions because it gave “excessive discretion” to the City Council.

In Seal Beach, the council Monday night will vote on a proposed ordinance prohibiting adult entertainment businesses within 1,000 feet of a church, school or public park and within 400 feet of a residence.

It would also prohibit the businesses from being prominently located at some of the city’s high-visibility shopping centers.

City officials say the new ordinance was drafted out of concern for potential lawsuits because of the vagueness of current guidelines regarding adult entertainment.

“There are no existing rules to tell what you can and cannot do,” Mayor George Brown said.

Brown quickly pointed out that Seal Beach has received no formal request to open an adult entertainment business within city limits for more than five years.

“We don’t anticipate this is going to open Pandora’s box,” Brown said. “We’re just doing what so many other cities have done. It’s basically setting down the ground rules.”