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I M ',- : '1 'C RK FOR PLACEMENT ON NEX # 6 _"",lhR COUNCIL AGENDA TO BE POSTED 5 ' ,_i

The Municipal Code of the City of Los Angeles provides for an exception to its adult entertainment zoning restriction that prohibits an adult entertainment business within MAY.a 500 feet of a residential zone if another site consistent with 12. 70-C of the code is not' , lDOS

reasonably available elsewhere in the city for the establishment or relocation of the adult entertainment business.

On October 8, 2003 the Los Angeles City Council denied such an exception for Dino's House (a.k.a. Frisky Kitty) located at 18454 Oxnard Street finding that

there is a site reasonably available for the relocation of the business. Following protracted litigation against the City by Dino's Victory Road House, the Cour of Appeal ruled in favor of the City on November 8, 2005.

On January 31,2006, the City Council considered a motion (Council File No. 06-0161) in

relation to enforcement of Muncipal Code Section 12.70-C regarding the adult entertainment use at the Frisky Kitty. That motion requested that the City Attorney and Building and Safety take the necessary steps to have the adult entertainment business operating at 18454 Oxnard Street stopped.

This motion clarifies the motion previously adopted by the City Council on January 31, 2006. The purose of that motion was to elicit information about what action the City was taking to enforce the ruling by the Court of AppeaL. The motion did not in any way direct the prosecutorial

section of the City Attorney's Office to take any action with regard to Dino's Victory Roadhouse. The City Council is fully cognizant that prosecutorial action taken by the City Attorney is solely within its discretion and not subject to City Council direction.

I THEREFORE MOVE, that the first moving clause of the motion (Council File No. 06-0161) adopted by the City Council on January 31, 2006, be rescinded.

I FURTHER MOVE, that the Department of Building and Safety be directed to report to Council in 60 days on the status ofthe business activity at Dino's Victory Road House (a.k.a. Frisky Kitty) located at 18454 Oxnard Street.

PRESENTED BY: - is P. ZIN Councilman, 3rd is . ct

vJ SECONDED BY: ¿¡ P fJ(¡90 May 26, 2006 a 6- D \ lo ( Q03