City of Vallejo v. Adult Books

Since at least July 1, 1976, appellants have conducted a business of selling adult books and showing adult movies at 540 Georgia Street, Vallejo, California.

In February of 1978, respondent city council, perceiving an “adverse impact” upon the city from “adult bookstores” and “adult theatres” (Val *1173 lejo Mun. Code, § 16.57.020 Q), enacted ordinance No. 411 1 V.C. (2d), hereafter the ordinance, which provides that such establishments, defined elsewhere in the ordinances, can be located only in three zoning districts: Linear Commercial Districts (C-L); Pedestrian Shopping and Service Districts (C-P); and Intensive Use Districts (I-V). The ordinance also directs that no “adult bookstore” or “adult theatre” may be located within 500 feet of a residential zone, park, playground, library or school, or within 1,000 feet of another such business.

Additionally, as originally enacted the ordinance required adult bookstores and adult theatres to obtain conditional use permits, obtainable only upon a showing that the business was “compatible with adjacent uses” and consistent with the city’s general plan. After trial of this action, respondent amended the ordinance to…

Since it is clear that appellants lack the necessary standing to challenge the ordinance on grounds of vagueness and overbreadth, I do not interpret the majority opinion as having decided that constitutional issue; with that reservation, I join in the result reached by the majority.

A petition for a rehearing was denied May 22, 1985. Racanelli, P. J., was of the opinion that the petition should be granted. Appellants’ petition for review by the Supreme Court was denied July 17, 1985.

Since at least July 1, 1976, appellants have conducted a business of selling adult books and showing adult movies at 540 Georgia Street, Vallejo, California. [1]

In February of 1978, respondent city council, perceiving an "adverse impact" upon the city from "adult bookstores" and "adult theatres" (Vallejo Mun. Code, § 16.57.020 Q), enacted ordinance No. 411 1 V.C. (2d), hereafter the ordinance, which provides that such establishments, defined elsewhere in the ordinances, can be located only in three zoning districts: Linear Commercial Districts (C-L); Pedestrian Shopping and Service Districts (C-P); and Intensive Use Districts (I-V). The ordinance also directs that no "adult bookstore" or "adult theatre" may be located within 500 feet of a residential zone, park, playground, library or school, or within 1,000 feet of another such business.

Additionally, as originally enacted the ordinance required adult bookstores and adult theatres to obtain conditional use permits, obtainable only upon a showing that the business was "compatible with adjacent uses" and consistent with the city's general plan. After trial of this action, respondent amended the ordinance to…