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COUNCIL WEIGHS BAN; VOTE SET TO CURB ADULT BUSINESS.


Byline: Gloria Gonzales Daily News Staff Writer

A week after a federal judge tentatively struck down a city law restricting adult businesses, the City Council will vote on an interim ordinance A law, statute, or regulation enacted by a Municipal Corporation.

An ordinance is a law passed by a municipal government. A municipality, such as a city, town, village, or borough, is a political subdivision of a state within which a municipal corporation has been
 designed to prevent such businesses from setting up shop while awaiting the judge's final ruling.

Monday's council meeting will mark the second time it has hastily hast·y  
adj. hast·i·er, hast·i·est
1. Characterized by speed; rapid. See Synonyms at fast1.

2. Done or made too quickly to be accurate or wise; rash: a hasty decision.
 voted on an ordinance in an attempt to prevent Philip Young from opening a strip club in Simi Valley Simi Valley (sē`mē, sĭm`ē), city (1990 pop. 100,217), Ventura co., SW Calif. in an oil, fruit, and farm region; laid out 1887, inc. 1969. . The council quickly passed the ordinance the judge is now questioning in 1994, when Young proposed a strip club near Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850.  Avenue and First Street. Young later proposed a second club at Sinaloa Road and Los Angeles Avenue.

On Monday, U.S. District Court Judge William Rea William Rea refers to more than one man:
  • William Rea (ironmaster) who lived in Monmouth (now in Wales) in the early 18th century.
  • William Rea (real estate magnate) (1912–2006) of Pittsburgh, Pennsylvania
 ruled tentatively that the 1994 ordinance did not allow for enough locations for adult businesses while at the same time allowing other ``sensitive use'' businesses, such as churches and schools, to uproot adult businesses already far along in the permit process.

The zoning law in question prohibited nude dance clubs within 1,000 feet of a school or church, or within 500 feet of businesses targeting youth. The judge also ruled that the city's ordinance, ``as it currently exists and is currently applied . . . runs afoul of a·foul of  
prep.
1. In or into collision, entanglement, or conflict with.

2. Up against; in trouble with: ran afoul of the law. 
 the First Amendment.''

Young had begun the permit process for the second strip club in 1994, only to have the permit denied when a karate karate: see martial arts.
karate

Martial art in which an attacker is disabled by crippling kicks and punches. Emphasis is on concentration of as much of the body's power as possible at the point and instant of impact.
 studio and a Bible study Bible study may refer to:
  • Biblical studies, the academic examination
  • Bible study (Christian), sometimes known as "Devotions" or "Quiet times"
Other terms related to the study of the bible:
  • Biblical criticism
  • Biblical hermeneutics
 school opened nearby. Young sued the city, saying the law violated his First Amendment right to free expression. Adult ``expressive'' businesses such as movie theaters, bookstores, video stores and live entertainment are forms of expression protected by the First Amendment, he argued.

In his report to the City Council on Monday's proposed moratorium A suspension of activity or an authorized period of delay or waiting. A moratorium is sometimes agreed upon by the interested parties, or it may be authorized or imposed by operation of law.  ordinance, City Attorney John Torrance argued that while the judge ponders his final ruling, the city ``will have no enforceable ordinance on the books regulating adult businesses, and should such a business seek to locate in the city it could do so anywhere . . . with a zone clearance.''

Torrance went on to say that a moratorium ordinance is urgent, because if Rea sticks with his ruling, the city would be left with ``no enforceable standards for the regulation of such businesses, rendering the city powerless to protect against the harmful secondary effects associated with such businesses.''

The ordinance would put a moratorium on permits for any adult or sexually-oriented business for 45 days, though the ordinance can be extended for up to two years. The moratorium ordinance needs a four-fifths vote to pass.

``Theoretically, anybody could walk in after the judge's final ruling and put in for a permit for an adult business, as if they were a hardware store, or any other type of business,'' said Mayor Greg Stratton. ``When, obviously, an adult business is not a hardware store.''

Stratton called the moratorium ordinance ``standard practice,'' and said he expected it to pass.

``It should be fairly straightforward,'' he said. ``It allows us to see what the judge's final ruling is on the law; then we can fix it or appeal his decision.''

Young's attorney, Roger Diamond, questioned the legality le·gal·i·ty  
n. pl. le·gal·i·ties
1. The state or quality of being legal; lawfulness.

2. Adherence to or observance of the law.

3. A requirement enjoined by law. Often used in the plural.
 of the City Council's proposed action, and said his client was not restrained from pursuing his business venture.

``Moratorium ordinances are designed to help cities deal with unexpected businesses that might have harmful effects - like a glue factory or a smelting smelting, in metallurgy, any process of melting or fusion, especially to extract a metal from its ore. Smelting processes vary in detail depending on the nature of the ore and the metal involved, but they are typified in the use of the blast furnace.  factory - businesses they have no experience with,'' Diamond said. ``. . . as of today there is no court order preventing my client from doing anything.''

Young said Friday that he would continue his quest to bring live adult entertainment to Simi Valley.

``Apparently, the city doesn't get it,'' he said. ``The judge said, `Hey, he can open it' and now they're trying to put another ordinance in my way.''

Young added that he has begun looking at other possible locations in the same area, and that he also will try to negotiate with the landlord of the property near Sinaloa Road to try to regain that location.

``I spent a year-and-a-half looking for Looking for

In the context of general equities, this describing a buy interest in which a dealer is asked to offer stock, often involving a capital commitment. Antithesis of in touch with.
 that spot,'' he said. ``It was perfect - tucked away in back by the wash, where nobody could see it.''
COPYRIGHT 1997 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1997, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:Jul 26, 1997
Words:694
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