Council revises zoning rules for adult businesses
By Sylvie Belmond belmond@theacorn.com

City officials recently grappled with amending a zoning ordinance aimed at adult-oriented businesses. Such establishments cannot be summarily prohibited from coming to Moorpark.

Although there are no strip clubs or adult entertainment shops in Moorpark, and none have applied to date, officials wanted to be proactive to protect residents and businesses and at the same time prevent potential lawsuits, they said.

There have been numerous legal cases involving adult businesses throughout the U.S. because, as long as they meet certain requirements, their operation is a protected activity under the First Amendment, according to City Attorney Joseph Montes.

After an hour-long debate, the council voted 4-1 in favor of the proposed zoning amendment, with Councilmember Mark Van Dam casting the opposing vote.

"The goal is to make sure that any type of zoning restrictions are up-to-date and constitutionally sound," said Councilmember Keith Millhouse.

The revised ordinance delineates that adult businesses will be permitted only in industrial zones primarily in the downtown area.

Adult businesses can't be within 500 feet of bars, schools, places of worship, homes, childcare establishments, public parks, fire stations, the police station or the library.

The law also prohibits alcoholic beverages from being served in these establishments.

These restrictions were created to reduce the secondary effects that adult businesses are known to cause. According to Barry Hogan, deputy city manager, adult businesses that are not regulated often have deleterious effects on nearby businesses and homes. Crimes such as drug use, prostitution, violence and vandalism tend to increase around adult businesses, he said.

"No one in their right mind is going to try to open a business like that in our community because it won't pass," said Millhouse, adding this sort of venture wouldn't be profitable here.

But as an attorney, Millhouse warned that the City Council must not create regulations that could be challenged as unconstitutional since such litigation would be costly for a small city like Moorpark.

"We've covered every aspect that we feel we can cover," said Barry Hogan, deputy city manager for Moorpark.

"This ordinance is driven in large part by litigations that have occurred in other cities. You can't simply zone these facilities out of a jurisdiction," said Montes.

Although most Moorpark residents want the city to prohibit this type of business, it can't.

Van Dam, who cast the sole opposing vote, was concerned that adult businesses may be permitted to locate too close to tutoring centers, daycare, after-school programs and karate studios that operate in the industrial zones.

"I felt that if we were going to approve this amendment, we should look at every possible option," he said. "That includes looking at any facility that provides services to children either full or part time." Van Dam said.