Item 4 - Ord 173AGENDA REPORT -
CITY OF POWAY
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Man * II
INITIATED BY: Barry K. Hogan, Director of Planning Servicee¢fA
DATE: Thursday, March 21, 1985 Workshop �f
SUBJECT: Fortunetell
ABSTRACT
Recently at a City Council meeting there was concern expressed
over the method by which the City would control fortunetelling
should the State Supreme Court case go against the ordinance now
in effect. The suggestion by Councilmember Tarzy was that we
might look at using the same format for adult businesses for
fortunetelling and other related activities. Attached is a copy
of that section of the Zoning Development Code.
It is quite possible and appropriate to use the same format
described for adult businesses to apply to fortunetelling. In
order to implement this kind of an ordinance, we would need to
define all of the various activities involved with fortunetelling,
palmistry, et cetera, and to adopt a new chapter of the Zoning
Development Code to implement such ordinance.
RECOMMENDATION
It is recommended that
until such time as the
on the fortunetelling
JLB:BKH:cm
Attachment
the Council receive and file this report
State Supreme Court decision is available
ordinance.
ACTION: Directed ,staff to study fortunetelling, palmistry. and re-
loted businesses to determine if problems exist in other Jurisdictions,
wanisten, City Clerk MAR4-2-1985 ITEM 4
17.38.010--17.38.03U
Chapter 17.38
ADULT BUSINESSES
Sections:
17.38.010' Purpose.
17.38.020 Conditions.
17.38.030 Activities.
•
17.38.010 Purpose. In order to minimize the adverse
effects that the operation of an adult business may have on
the neighborhood or area in which it is located, the regu-
lations set"out in this chapter are established. (Ord. 113
§ §l(Exh.. A '6.7(part)), 4(part), 1983: Ord. 99 §2(part),
19 8'3)
17.38.020 Conditions. Adult businesses may be per-
mitted only, in the CG, commercial general "zone, subject to
the. conditions listed in this section:
A. No such business shall be located within five hun-
dred feet of the nearest point of a lot on which is located
a religious and /or educational institution, a public park or
recreation facility.
B. No such business shall be located within five hun-
dred feet of any lot on which another adult business is lo-
cated.'
C. No such business shall be located within two hun-
dred feet of any lot within any residential zone.
D. No such business shall operate between the hours of
two a.m. and nine a.m. (Ord. 113 §51(Exh. A 6.7(part)), 4
(part), 4(b), 1983: Ord. 99 §2(part), 1983)
17.38.030 Activities. For the purpose of this chap-
ter, the following nonexclusive list of activities as-de-
fined in Chapter 17.04 of the zoning development code of the
City shall be deemed adult businesses:
A. .Adult arcade;
B. Adult bookstore;
C. Adult cabaret;
D. Adult drive -in theater;
E. Adult minimotion picture theater;
F. Adult model studio;
G. Adult motel;
H. Adult mot -ion picture theater;
I. Adult theater;
J. Body painting studio;
K. Massage parlor;
L. Sexual encounter establishment;
M. Any other business which involves specified sexual
activities or display of .specified anatomical areas. (Ord.
(Poway 10/84)
742 -104
MAR I-� 1985 ITEM 4
I
X
MEMORANDUM It
CITY OF POWAY
TO: Members .of the City � ((LCo�uncil
FROM: Bob Eirery, Mayo�i(
DATE: March 20, 1985
SUBJECT: Fortunetelling.Ordinance
Attached, find a copy of a letter from Mrs. Beatrice Hemond regarding
her ability to practice her profession in Poway.
As I expressed during Council discussions over the recent ordinance,
I have grave misgivings over the propriety of "banning" anything so
benign as palm reading. _
I forward this letter to you for your information as we will be discussing
it at tomorrow's workshop.
BE: If
Attachment
-3-51
Beatrice G. Hemond
14063 Mazatlan, Way
Poway, Ca. 92064
Honorable Bob Emery - MAYOR
My name is Beatrice G, Hemond. I have been a resident and
homeowner in Poway f_or the past 15 years. I have 5 daughters
that graduated,from Poway. High School. We are -a ckristien fami-
ly and respect the City Councel for wanting to keep Poway a re-
spected city iri`the-'county;of San Diego.
As:you are - aware.;I desire to open.a business in Poway. It is
my intent to teach the meaning of the lines in one_-spalm= that
they may better-understand themselves and-be-better able -to •direct
their lives!.in.a positive -wa
y' -
P
.To.,my dismay I find that. my business may, -fall under -the cast-
. _. .. _.._ ... .. ,
agory of "FORTUNE'- TELLING = Which the pity of Poway 'has %-a City j
or'd: ri. y_ prohibit i' same. Although I find this city ordnance an-
tiquated, and feel, that it serves no useful "purpese�_ ID= request- that
you submit the following at the next city councel work shop.
i
.;My..,,request is that an amendment be added to Chapter9 Section 32
that.anyone desiring to do business in the City of Poway that falls
under...,,the catagory of "FORTUNETELLING" that after filing for a permit
they.tmust have an oral interview by one or more council member,
have a good credit rating and no criminal convection.
SINCERELY
RECEIVED Beatrice G. Hemond
MAR 1 1,085
CITY IIANAGFR'S OFFICE