Vicary

Plaintiffs RENEE VICARY AND ANGEL’S NIGHTCLUB, INC. (VICARY) filed this action to enjoin the defendant CITY OF CORONA, CALIFORNIA (CORONA) from enforcing a CORONA zoning ordinance prohibiting any “live adult entertainment establishment” from operating within 750 feet of a residentially zoned lot, or school, church, park or library attended by minors measured from lot line to lot line. For the reasons stated below, VICARYS motion is granted.

BACKGROUND

In July 1992 VICARY purchased the property located at 1650 East Sixth Street, in Corona. This property was then zoned as M-3 permitting heavy manufacturing. It was occupied by twin buildings connected by a kitchen facility. When VICARY acquired this property it was occupied by a club called KNOCKERS that served food and provided various forms of live entertainment, none that involved what is described in the CORONA ordinance, in issue here, as “adult entertainment.”

From the time of VICARYS acquisition of the property it has been operated as a sports bar in one of the buildings and a country western bar in the other building. VICARY owns a license both for the sale of alcoholic beverages and presentation of live…