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HomeMy WebLinkAboutZOA 94-2 CITY OF PALM DESERT 1992 R Staff Report TO. The Honorable City Council FROM. Hart H. Ponder, Jr., Code Compliance Supervisor SUBJECT: Urgency Ordinance to Regulate Tattoo Parlors as an Adult Activity DATE: December 11, 1997 RECOMMENDATION.•Approve Adoption of Urgency Ordinance 86 z Amending Chapter 5.88 of the City Municipal Code to Include Tattoo Parlors (Role Call Vote) BACKGROUND: Penal Code Section 653 prohibits minors from obtaining a tattoo. By virtue of this requirement, staff is recommending that Tattoo parlors (including body piercing) come under the same zoning requirements as other Adult Activities/Entertainment. By placing Tattoo Parlors under the Adult Business Requirements, the City would put appropriate requirements in place to maintain City Licensing, Zoning and Operational Standards with these types of adult businesses. As an example, the only location that a tattoo parlor may conduct business is in the service industrial zone (SI). Notwithstanding this requirement, the business cannot be within 500 feet of(as an example) institutions of learning, churches, public parks and even other adult businesses. An application for a permit is required Current law requires the Health Department to make an inspection of the premises for any health violations. This Ordinance sets out an amortization of legally existing businesses that are Nonconforming as the result of this Ordinance. The time frames are set out on page two of the attached ordinance. The City Manager may, on a case by case basis extend amortization up to a total of two years if the business owner can show an "extreme hardship. " The business owner can make an appeal to the City Council if the business owner does not agree with the City Manager's decision. SINE BY: 12- 4-37 :10:40AM :BEST, BEST,& KRIEOER- 7603400574:# 5/ 7 l ORDINANCE NO. 862 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 5.88 OF THE PALM DESERT MUNICIPAL CODE TO REGULATE TATTOO ESTABLISHMENTS AS ADULT BUSINESSES. WHEREAS, the practice of tattooing may spread communicable diseases through improper tattooing techniques, and endanger the health and welfare of citizens of the City; and WHEREAS, Penal Code, Section 653 prohibits the tattooing of minors; and WHEREAS, Chapter 5.88 of the Palm Desert Municipal Code Provides for the regulation of adult businesses; and WHEREAS, an emergency exists which requires and compels the City to act to preserve the public health, safety and welfare pursuant to Government Code, Section 369371 in that tattoo establishments are not currently regulated by the City and should be immediately regulated in order to protect the health and welfare of the City's residents; NOW, THEREFORE, the City Council of the City of Palm Desert, California,) does hereby ordain as follows: Section 1. That the Recitals set forth above are true and correct and are incorporated herein by this reference. Section 2. That Section 5.89.020 ("Definitions") of Chapter 5.88 ("Operation of Adult Entertainment Establishments") of the Palm Desert Municipal Code be amended as follows: A. Section 5.88.020 (A) (10) be added to read as follows: "10. `Tattoo Establishment' means the business of marking or coloring the surface skin of a human being by insertion of pigment under the surface of the skin by pricking with a needle or otherwise, so as to produce an indelible mark or figure visible through the skin and shall include any business conducting body piercing (other than solely earpiercing) , body branding or similar activity. "Tattoo Establishment" shall not include any treatment administered in the practice of medicine by a Physician licensed to practice in this state, maRmnumni , . SENT BY: " " 12-� 4-97':10:40AM :BEST, BM,& 1(R1EGW- 7609400574;9 6/ 7 or under the personal supervision of such a Physician, or the application of permanent make-up or cosmetic reconstruction by a licensed cosmetologist, electrolugist, or nurse, who has received additional training in the procedures, practices and techniques of permanent make-up application and cosmetic reconstruction, including . the . appropriate sanitary practices." B. The current Section 5.88.020(A) (10) be renumbered as Section 5.8B.020(A) (11) . Section 3. That Section 5.88.060 ("Amortization of Nonconforming Uses") be amended in its entirety to read as fol.lows: "5.88.060. Amortization of Nonconformin Uses. The provisions of Title 25 of this Code dealing with nonconforming uses shall. not be applicable to adult entertainment establishments as defined in this Chapter. Instead, the following amortization schedule shall apply to all . adult entertainment establishments which do not conform Lo the terms of this Chapter but. otherwise are legally existing on the effective date of the ordinance codified in this Chapter, or any amendment thereto, which renders the establishmenL nonconforming. A. For an adult establishment legally existing in the entertainment City for a period of no less than six months: 2 years; B. For an adult entertainment establishment- legally existing within the City for a period of no less Lhan three months: 180 days; and C. For an adult entertainment establishment legally existing within the City for any period up to three months: 90 days; and D. The City Manager is authorized to grant extensions of the amortization period, UP to a total of an additional two years, upon establishmentappliction by h adult basedon a showing of entertainment hardship. The decision of the City Manager to wmv�wmo� - -2- . . SENT' BY: 19- 4-97 ;10:41M- :BEST, BEST,& KRIEGM- 7603400574;# 7/ 7 grant or deny a hardship extension shall be appealable to the City Council within fifteen (15) days of the City Manager's decision." Section 4. This ordinance is passed as an urgency measure pursuant to Government Code, Section 36937, in the interest of Public health, safety and welfare. Section 5. This ordinance is hereby declared to be an urgency measure and to be in full force and effect immediately upon passage by a 4/5 vote of the City Council of the City of Palm Desert, California, pursuant to Government Code, Section 36934. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Palm Desert, California, on the of , 1997, by the following roll call vote: day AYES: NOES: ABSENT: ABSTAIN: JEAN BENSON, MAYOR ATTEST: City of Palm Desert, CA By: SHE- ILA R. GILLIGAN, City~ City of Palm Desert, CA APPROVED AS TO FORM: By: DAVID J. EMIN, City Attorney. City of Palm Desert, CA uen+vaua�o� _. a' 3- SENT BY: tY- 4-87 :t0:S9AM tBfST. BW,&KRHXW 7808400874:5 2/ 7 ORDINANCE NO. 961 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 5.88 OF THE PALM DESERT MUNICIPAL CODE TO REGULATE TATTOO ESTABLISHMENTS AS ADULT BUSINESSES. WHEREAS, the practice of tattooing may spread communicable diseases through improper tattooing techniques, and endanger the health- and welfare of citizens of the City; and WHEREAS, Penal Code section 653 prohibits the tattooing of minors; and WHEREAS, Chapter 5.88 of the Palm Desert Municipal Code Provides for the regulation of adult businesses; NOW, THEREFORE, the City Council of the City of Palm Desert, California, does hereby ordain as follows: Section 1. That the Recitals set forth above correct and are incorporated herein by this reference. true and Section 2. That Section 5.08.020 - of Chapter 5.88 Adult Entertainment E tablishments)) of the Palm Desert("Operation pal Code be amended as follows: A. Section 5.88.020 (A) (10) be added to read as follows: "10. ^Tattoo Establishment"' means the business of marking or coloring the surface skin of a human being by insertion of pigment under the surface of the skin by pricking with a needle Or otherwise, so as to produce an indelible mark or figure visible through the skin and shall include any business conducting body Piercing (other than solely earpiercing) , body branding or similar activity. "Tattoo Establishment' shall not include any treatment administered in the practice of medicine by a Physician licensed to practice in this state, or under the personal supervision of such a physician, or the application of permanent make-up or cosmetic reconstruction by a licensed cosmetologist, electrologist, or nurse, who has received additional training in the procedures, practices and techniques of SM BY: P- 4-97 :10:3M :BEST, BEST,& )Ot(M 7603400574;# 3/ 7 permanent make-up application and cosmetic reconstruction, including the appropriate sanitary practices." B. The current Section 5.86.020 (A) (10) be renumbered as Section 5.88.020(A) (11) . Section 3. That Section 5.88.060 ("Amortization of Nonconforming Uses") be amended in its entirety to read as follows: "5.08.060. Amortization of Nonconformin cl Uses. The provisions of Title 25 of this Code dealing with nonconforming uses shall not be applicable to adult entertainment establishments as defined in this Chapter. Instead, the following amortization schedule shall apply to all adult entertainment establishments which do not conform to the terms of this Chapter but otherwise are legally existing on the effective date of the ordinance codified in this Chapter, or any amendment thereto, which renders the establishment nonconforming. A. For an adult entertainment establishment legally existing in the City for a period of no less than six months: 2 years; For an adult ment establ shm nt legally existing within rthe nCity for a period of no less than three months: 180 days; and C. For an adult ment establishment legally existing within rthe ncity for any period up to three months: 90 days, and D. The City Manager is authorized to grant extensions of the amortization period, UP to a total of an additional two years, upon application by the adult entertainment establishment based on a showing of extreme hardship. The decision of the City Manager to grant or deny a hardship extension shall be appealable to the City Council within fifteen (15) days of the City Manager's decision." Section 4. The City Clerk shall certify to the passage and adoption--of Ordinance and shall cause the same to be published wwsmmem -2- SEND BY: 12- 4-97 304 ;HW, BEST,& IQtiM-, 7603400574:5 V 7 once in the Palm Desert Post, a newspaper of general circulation, Printed, published and circulated within the City of Palm Desert, California. JEAN HENSON, MAYOR ATTEST: City Of Palm Desert, CA By: SBEILA R. GILLIGAN, City Clerk City Of Palm Desert, CA APPROVED A.S TO FORK. By: DAVID J. zAw-LN, City Attorney City of Palm Desert, CA V I' ORDINANCE NO. 756 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT, TO SECTION 25.34 .020 TO ADD "ADULT ENTERTAINMENT ESTABLISHMENTS" AS PERMITTED USES IN THE SERVICE INDUSTRIAL DISTRICT. CASE NO. ZOA 94-2 WHEREAS, the City Council of the City of Palm Desert, California, did on the 14th day of July, 1994, hold a duly noticed public hearing to consider an amendment to the Zoning Ordinance Text Section 25.34 .020 to add "Adult Entertainment Establishments" as permitted uses in the Service Industrial District; and WHEREAS, the Palm Desert Planning Commission held a duly noticed public hearing on June 21, 1994 and by adoption of Resolution No. 1642 has recommended approval; and WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89, " in that the director of community development has .determined the project is a Class 5 categorical exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony arguments, if any, of all interested persons desiring to be heard, said city council did find the following facts to justify its action as described below: 1. That the zoning ordinance amendment is consistent with the objectives of the zoning ordinance. 2. That the zoning ordinance amendment is consistent with the adopted general plan. 3 . That the zoning ordinance amendment would better serve the public health, safety, and general welfare than the current regulations. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, as follows: 1. That the above recitations are true and . correct and constitute the consideration of the council in this case. 2. That it does hereby approve a zoning ordinance Text _ Amendment, - as -provided .in --the..attached .exhibit, labeled Exhibit "A. " 3. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. ORDINANCE NO. 756 PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this 25th day of August , 1994, by the following vote, to wit: AYES : BENSON, CRITES, KELLY, SNYDER, WIISON NOES: NONE ABSENT: NONE ABSTAIN: NONE Irsy ON, -b yor ATTEST: SAEILA GILLIGAN, '-City Clark City of lm Desert, California m 2 ORDINANCE NO. 756 EXHIBIT "A" Section 1 That section 25.34 .020 is hereby amended to add the following: "M. Adult entertainment establishments as permitted by Chapter 5.88 subject to compliance of the specific use with the parking requirements of Chapter 25.58 of the municipal code (i.e. "adult bookstore" shall comply with parking required for a bookstore in the general commercial C-1 zone) . A parking requirement modification shall be available to businesses which operate only between the hours of 5:00 p.m. and 5:00 a.m. subject to it being determined by the zoning administrator that there is adequate off street parking available. " 3 N I y� � W Z u — i tl0 Y]1N10 Ntl.a 'Z Nl b03N3tla 3tll N3 ------- ' iiwn Asia 183S3a WlVd II � evo r J4r ---------- guts n V V✓ —_ __--__ ..— _. isavis WOOD I I Mu f ° 1]1Ylf OtlOJJIIp 1 133tl1S pp� ° m Q� NI11f1Y 0 / 1 L u a9n" in r W =i O J60 i I_ s > � I AVM 31VYOdtl00 C A3YOOr NRnf I CI z !— dB I al iI _ = O o 9roY roo3a3Y . OVOY A LAW OFFICES OF � P _6EST, BEST. 6 KRiEC_ A November 11, 1994 Fr[Fw 7 E V E D MEMORANDUM N�;" 16 1994 DO fM.':Y`"FLOPY1fI DMI(TkEIU TO: Ray Diaz, Director of Community Development DID OF PALLI DESERT Wayne Ramsey, Acting Directo of Code Enforcement City of Palm Desert FROM: Robert W. Hargreaves, D ity Attorney RE: Update of Adult Entertainment Ordinance File No. 72500. 0086 I have redrafted Palm Desert's adult entertainment ordinance in accordance with my September 9, 1994 memorandum. (A copy of that memorandum is attached for your reference. ) A copy of the updated ordinance, along with a "legislative" copy which highlights the changes, has been included for your review. Additionally, I have outlined below additional proposed changes in the adult entertainment ordinance requested by Mr. Ramsey in a recent conference in our office. The proposed changes are intended to enhance the City's ability to effectively regulate "escorts" who provide adult-type entertainment in private settings, as well as persons who perform in adult entertainment establishments. The changes would require that adult entertainers and adult entertainment bureaus acquire permits. Adult entertainers would be prohibited from approaching other persons closer than six feet while the adult entertainer is in a nude or semi-nude state. To effectuate those changes, the following additional changes would be made to the adult entertainment ordinance: • Section 5.88. 020 "Definitions" would be amended to include: A. "Adult entertainer" means a person who for any form of consideration or gratuity performs or appears in nude or in a state of nudity or semi-nudity or whose performances are characterized by the exposure of specified anatomical areas or by specified sexual activities and whose performances are not theatrical performances in theaters, concert halls, or similar establishments that are not licensed as sexually oriented businesses. B. "Adult Entertainment Bureau" means any business, agency or self-employed or independent adult entertainer who for any consideration whatsoever, furnishes or offers to furnish the services of an adult entertainer. RWH59815 LAW OFFICES OF BEST, BEST S KRIEG.._.< C. "Opaquely cover" a particular body part means to cover the body part such that the color of the underlying body part cannot be distinguished. • Section 5.88.030 "Permits" would be amended to include a requirement that adult entertainment bureaus acquire permits on essentially the same terms as an adult entertainment establishment. • With respect to Section 5. 88. 040 "Location, " there would be no location requirements for adult entertainment bureaus, other than the normal zoning requirements, as it is unlikely we can establish that these bureaus will have any particular negative secondary impacts on surrounding communities. • Section 5.88.090 "Application for permit" would be amended to require that the application process for an adult entertainment bureau would be substantially the same as that of an adult entertainment business. • A new section regarding "adult entertainer permitsn would require any adult entertainer to acquire an adult entertainer permit, similar to an escort's permit under the City's "Massage Establishment, Bathhouse, Escort Bureau and Introductory Service" ordinance, Chapter 5.86. An applicant for an adult entertainer permit would be required to provide name, aliases, residence, social security number, driver's license number, date of birth, physical characteristics, photographs, statement of convictions, and fingerprints. • A new section would be added providing regulations for adult entertainers. A. Adult entertainers would be prohibited from, while engaged as an adult entertainer, and while nude or semi- nude, approaching any person other than another adult entertainer to within six feet of that person, as measured from the shortest distance between the adult entertainer and such person. This prohibition shall not apply in any establishment licensed to sell alcoholic beverages to the extent that such prohibition is preempted by State law. B. An adult entertainer shall have in his or her immediate possession his or her adult entertainer permit at all times while engaged as an adult entertainer and shall produce such permit on demand to properly identified authorities. Please review the enclosed ordinances and the proposed changes regarding adult entertainers. As soon as you have done so, please contact me so that we can arrange a meeting to discuss the above. RWH59815 -2- LAW OFFICES OF BEST, BEST & KRIEG_ A I have taken the liberty of forwarding these changes to Karen Holgate of H.O.P.E. , who is particularly well informed regarding the regulation of adult entertainment establishments and is cooperating in the City's update process. RWH:js Encs. cc: Bruce Altman, City Manager David J. Erwin; City Attorney RWH59815 -3- ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM DESBRTt AMENDING CHAPTER 5.88 OF THE PALM DESERT MUNICIPAL CODE REGARDING THE OPERATION OF ADULT ENTERTAINMENT ESTABLISHMENTS The City Council of the City of Palm Desert, California, does hereby find as follows: WHEREAS, adult entertainment establishments in the incorporated area of the City of Palm Desert require special supervision from public safety and health agencies of the City and County of Riverside in order to protect and preserve the health, safety and welfare of the patrons of such establishments as well as citizens of the City; and WHEREAS, the City Council and staff have conducted an extensive review of land use studies concerning the secondary effects of adult entertainment establishments in other cities including, but not limited to, Garden Grove, California (1991) ; Phoenix, Arizona (1986) ; Minneapolis, Minnesota (1980) ; Houston, Texas (1983) ; Indianapolis, Indiana (1984) ; Amarillo, Texas (1977) ; City of Los Angeles, California (1977) ; Cleveland, Ohio (1977) ; Austin, Texas (1986) ; Seattle, Washington (1989) ; Oklahoma City (1986) ; Beaumont, Texas (1982) ; and Whittier, California (1978) ; have conducted its own studies, surveys and questionnaires of real estate appraisers, business persons and residents in Palm Desert; and WHEREAS, from review of the other cities ' studies and the City's own surveys and testimony from its citizens, there is convincing documented evidence that adult entertainment establishments, because of their very nature, have a deleterious effect on both existing businesses around them and the surrounding residential areas adjacent to them, causing among other adverse secondary effects, increased crime and downgrading of property values; and . WHEREAS, it is recognized that adult entertainment establishments, due to their nature, have serious objectional operational characteristics, particularly when they are operating in close proximity to each other, thereby contributing to crime, lower property values, urban blight and downgrading of the quality of life in the adjacent area; and WHEREAS, the City Council finds that adult entertainment establishments are frequently used for sexual activities including prostitution and for other sexual liaisons of casual nature in places open to the public; and RWH58091 WHEREAS, increased crime and unhealthful conduct tend to accompany, concentrate around and be aggravated by adult entertainment establishments; such crime and unhealthful conduct includes but is not limited to prostitution, pandering, exposing minors to harmful materials, possession and distribution of obscene materials and child pornography, possession and sale of controlled substances and violent crimes against persons and property; and WHEREAS, concern over sexually transmitted diseases, including AIDS, is a legitimate health concern of the City which demands reasonable regulations of adult entertainment establishments in order to protect the health and well being of the citizens; and WHEREAS, the City Council has considered in part, each of the following matters: (a) areas within close walking distance of single and multiple family dwellings should be free of adult entertainment establishment uses; (b) areas where children could be expected to walk, patronize, or frequent should be free of adult entertainment establishment uses; (c) adult entertainment establishment uses should be located in areas of the City which are not in close proximity to residential uses, churches, parks, or other public facilities and schools regularly frequented by children; (d) the image of the City as a pleasant attractive place to reside will be adversely affected by the presence of adult entertainment establishment uses in close proximity to residential land uses, churches, parks and other public facilities, and schools; (e) adult entertainment establishment uses should be regulated by zoning to separate them from other incompatible uses or uses which detract from other retail businesses, in particular, just as any other land use should be separated from uses with characteristics different from itself; (f) residents of the City and persons who are non-residents but use the City for shopping and other commercial needs will move from the community or shop elsewhere if adult entertainment establishment land uses are allowed to locate in close proximity to residential uses, churches, parks, and other public facilities, and schools; (g) appraisers familiar with commercial and residential properties in the City have expressed their opinion that the presence of adult entertainment establishments near homes substantially increases crime and substantially decreases property values of such homes, and that location of such businesses in commercial areas tends to detract from the value of nearby commercial properties as well, and at the same time tends to lead to a substantial increase in crime, substantial decrease in safety of women and children, and to detract from the ability to attract other businesses to the area, as well as to detract from the ability of non-adult entertainment establishments to attract customers to the area, and (h) no evidence has been presented to show that location of adult entertainment establishments within the City will improve the commercial viability or quality of life of the community; and WHEREAS, zoning, licensing and other police power regulations are legitimate, reasonable means of accountability to help protect the quality of life in the community and to help assure that all RWH58091 -2- operators of adult entertainment establishments comply with reasonable regulations and are located in places that minimize the adverse secondary effects which naturally accompany the operation of such businesses; and WHEREAS, the City recognizes the possible harmful effects on children and minors exposed to the effects of such businesses and the deterioration of respect for family values, and the need and desire of children and minors to stay away from and avoid such businesses, which causes children to be fearful and cautious when walking through or visiting in the immediate neighborhood of such businesses; and WHEREAS, the City Council finds that there would be a deterioration in the quality of businesses which choose to operate in and around adult entertainment establishments; and WHEREAS, The City Council desires to minimize and control these adverse secondary effects and thereby protect the health, safety and welfare of the citizens; protect the citizens from increased crime; preserve the quality of life; preserve the property values and the character of surrounding neighborhoods and businesses, deter the spread of urban blight and protect against the threat to health from the spread of communicable and sexually transmitted diseases; and WHEREAS, the City Council has considered the decisions of the United States Supreme Court regarding local regulation of adult entertainment establishments, including but not limited to, Young v. American Mini-Theatres, Inc. , 427 U.S. 50 (1976) reh. denied 429 U.S. 873; Renton v. Playtime Theatres, 475 U.S. 41 (1986) reh. denied 475 U.S. 1132; FW/PBS. Inc. v. Dallas, 493 U.S. 215 (1990) ; Barnes v. Glen Theatre, III S.Ct. 2456 (June 21, 1991) ; and WHEREAS, the City Council has determined that locational criteria alone do not adequately protect health, safety and general welfare of the people of the City and thus imposition of certain requirements with respect to the ownership and operation of adult entertainment establishments is in the public interest; and WHEREAS, the City Council, consistent with limitations on the sale of alcohol, further finds that restricted hours of operation will further prevent the adverse secondary effects of adult entertainment establishments; and WHEREAS, it is not the intent of Chapter 5.88 to suppress any speech activities protected by the First Amendment, but to provide content neutral regulations which address the adverse secondary effects of adult entertainment establishments; and WHEREAS, it is not the intent of the City Council to condone or legitimize the distribution of obscene material, and the Council recognizes that state law prohibits the distribution of obscene materials and expects and encourages law enforcement state and RWH58091 -3- local enforcement officials to enforce state obscenity statutes against such illegal activities in the City; and NOW THEREFORE, The City Council of the City of Palm Desert does ordain as follows: SECTION 1. Pursuant to state and local environmental regulations, it has been determined that the regulations encompassed in this ordinance are not considered to have a significant impact on the environment. The proposed action is further deemed to be classified as a Categorical Exemption pursuant to the state and city environmental regulation. SECTION 2 . Chapter 5.88 of the Palm Desert Municipal Code is hereby amended to read as follows: Chapter 5.88 OPERATION OF ADULT ENTERTAINMENT ESTABLISHMENTS Sections: 5.88.010 Purpose. 5.88.020 Definitions. 5.88.030 Permits. 5.88.040 Location. 5.88.060 Amortization of nonconforming uses. 5.88.070 Operational criteria. 5.88.080 Employment of and services rendered to minors prohibited. 5.88.090 Application for permit. 5.88.100 Renewal of permit. 5.88.110 Investigation. 5.88.120 Issuance of permit. 5.88.130 Denial, suspension, revocation of permit. 5.88.140 Inspection required. 5.88.150 violation -- penalties. 5.88.160 Other remedies. 5.88.170 Conducting business as a nuisance. 5.88.180 Sale or transfer or change of location. 5.88.190 Transfer of permit. 5.88.200 Regulations pertaining to exhibition of sexually explicit films or videos in video booths. 5.88.210 Hours of operation. 5.88.220 Prohibition of distribution of sexually deviant devices. 5.88.230 Public nudity at adult entertainment establishments is prohibited. 5.88.240 Severance clause. RWH58091 -4- *p732Xof this code, shall authorize the engaging in, conducting or carrying on of an adult entertainment establishment. C. The application fee for an adult entertainment establishment permit shall be five hundred dollars and is non refundable and shall be used to defray the cost of investigation, processing and hearing as set forth herein. The fee set forth herein shall be in effect until the City council shall by resolution fix some other rate based upon a cost factor. D. All permits shall expire on December 31st of the calendar year for which they were issued. Applications for renewal of a permit shall be made on or before November 30th of the year preceding the year from which a renewal permit is sought. The renewal application fee for an adult entertainment establishment permit shall be one hundred dollars. Said renewal application fees are nonrefundable and shall be used to defray the cost of investigation and processing the renewal applications. The fee set forth herein shall be in effect until the City council shall by resolution fix some other rate based upon a cost factor. 5.88.040 Location. A: No adult entertainment establishment shall be established in the following locations: 1. In any zone other than the SI or service industrial zones; 2 . Within five hundred feet of any R-1, R-2, R-3, PR, PC, PI zone and five hundred feet of any other C-1 zones in the City of Palm Desert; 3 . Within five hundred feet of any parcel of real property in which is located any of the following uses or facilities: a. "Church" defined herein as any facility used primarily for worship of any religion, or used for other religious purposes. b. City, county, state, federal or other governmental public buildings, whether owned, leased, or operated by a governmental entity, including but not limited to city halls, libraries, police and fire stations and post offices. C. "Schools" defined herein as: i) Institutions for teaching or caring for minor children (e.g. , child care facilities, preschools, day schools, elementary schools, secondary schools, high schools) ; and ouu5 alro� -in- ii) Institutions of higher learning receiving approved graduates of preparatory school and offering instructions in art, letters and science, leading to the bachelor's degree or master's degree (e.g. , colleges and universities) . The aforesaid institutions may be funded and/or operated either by governmental public authorities or by private organizations; d. "Public park" or "recreational facility" means public land which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space, wilderness areas, or similar public land within the City which is under the control, operation, or management of the City park and recreation authorities. 4. Within five hundred feet of any other adult entertainment establishment; 5. Within five hundred feet of any business involving an on-premises sale of liquor or alcoholic beverages. B. The measure of reference distance in this section shall be a straight line from the nearest property line containing the adult entertainment establishment to the nearest property line of an affected use, without regard to intervening structures. 5.68.060 Amortization of nonconforming uses. The provisions of Title 25 of this code dealing with nonconforming uses shall not be applicable to adult entertainment establishments. Instead, the following amortization schedule shall apply to all adult entertainment establishments which do not conform to the terms of this chapter but otherwise are legally existing on the effective date of the ordinance codified in this chapter A. For an adult entertainment establishment legally existing in the City of Palm Desert for a period of no less than six months preceding the effective date of the ordinance codified in this chapter one hundred twenty days; B. For an adult entertainment establishment legally existing within the City of Palm Desert for a period of no less than three months preceding the effective date of the ordinance codified in this chapter: ninety days: C. For an adult entertainment establishment legally existing within the City of Palm Desert for any period up to three months preceding the effective date of the ordinance codified in this chapter: sixty days. t- 5.88.070 Operational criteria. In addition to the base zone requirements governing use and minimum development standards, the following additional requirements shall be met by adult entertainment establishments: A. The use shall have a separate business entrance adjacent to the required parking area and no other nonadult use shall be permitted in the same building space while used as an adult entertainment establishment. B. All signing and architectural graphics shall comply with the provisions of Title 25 of the code of the City of Palm Desert. C. Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the fire department and building and safety division regulations and standards. D. All building openings, entries, windows, etc. , shall be located, covered or screened in such a manner as to prevent a view into the interior from outside the building. E. Lighting in Parking Lots. Lighting shall be required which is designed to illuminate all off-street parking areas serving such use for the purpose of increasing the personal safety of store patrons and reducing the incidence of vandalism and theft. F. Amplified Sound. No loudspeakers or sound equipment shall be used by an adult entertainment establishment for the amplification of sound to a level discernible by the public beyond the walls of the building in which such use is conducted. G. The building entrance to the adult use shall be clearly and legibly posted by a notice indicating that minors are precluded from entering the premises. As used herein, "minor" means an individual less than eighteen years of age. H. Commercial businesses licensed or operating within the City shall not display or exhibit any material in a manner which exposes to public view photographs or illustrations of specified sexual activities or one or more naked adults in poses which emphasize or direct the viewer's attention to the subject's genitals. As used herein, "exposes to public view, " means exposes to the view of the person outside the building in which the commercial business is located. I. The permit required by this chapter shall be displayed in a prominent area. 5.88.080 Employment of and services rendered to minors prohibited. No holder of an adult entertainment establishment permit shall employ any person under eighteen years of age nor shall such permittee provide any service for which it requires such permit to any patron, customer or person under eighteen years of age. 5.88. 090 Application for permit. A. Any person, association, partnership or corporation desiring to obtain a business license tax certificate and a permit for an adult entertainment establishment shall make an application, under oath, to the City manager upon a form provided by the City manager showing: 1. The name, current permanent residential address and telephone number of the applicant: 2 . The business name, proposed business address of the adult entertainment establishment and its telephone number. a. If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation and it shall provide a copy of its articles of incorporation. The applicant shall show the name and residence address of each of the officers, directors and each stockholder owning not less than ten percent of the stock of the corporation and the address of the corporation itself, if different than the address of the adult entertainment establishment. The applicant shall show that the corporation is in good standing under the laws of California. b. If the applicant is a partnership, the application shall show the name and residence address of each of the partners including limited partners and the address of the partnership itself, if different than the address of the adult entertainment establishment; 3 . The name and permanent address of the owner of the property upon which the applicant intends to locate the adult entertainment establishment. If the property owner is a corporation, the name shall be exactly as set forth in its articles of incorporation and the applicant shall show the name and residence address of each of the officers, directors and stockholders owning not less than ten percent of the stock of the corporation. If the property owner is a partnership, the application shall show the name and residence address of each of its partners, including limited partners; 4 . In the event the applicant is not the owner of record of the real property upon which the adult entertainment establishment is or will be located, the application must be accompanied by a notarized statement from the owner of record of the real property acknowledging that an adult entertainment establishment is or will be located on the property. In addition, the applicant must furnish a copy of the lease or rental agreement pertaining to the premises in which the adult entertainment establishment will be located; 5. The date, hours and location where the adult entertainment establishment is proposed to be conducted, and the admission fee, if any, to be charged; 6. The name(s) of person(s) having the management or supervision of the applicant's business; 7. Whether or not the applicant has been convicted of a specified criminal act within the last five years, the nature of such offense, the date of conviction, place convicted and the sentence received therefor. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners including limited partners; 8. Whether or not the applicant has ever had any similar license or permit issued by such agency revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reasons therefor, and the business activity or occupation subsequent to such action of suspension or revocation. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 9. Driver's license or other acceptable identification and social security number of the applicant. If the applicant is a corporation, this requirement applies to each of the officers, directors, and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited . partners; 10. Acceptable written proof that the applicant is at least eighteen years of age. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 11. The height, weight, color of eyes, color of hair and date of birth of the applicant. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the DVY[O1 o, —1 6— corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 12 . The business, occupation or employment history of the applicant for the last five-year period immediately preceding the date of filing of the application. If the applicant is a corporation, this requirement applies to each of the officers, directors, and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 13 . Each residence and business address of the applicant for the five-year period immediately preceding the date of the filing of the application. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 14. one front-face portrait photograph of the applicant at least two inches by two inches and a complete set of applicant's fingerprints which shall be taken by the City police. If the applicant is a corporation, one front-face portrait photograph at least two inches by two inches of all officers, directors and stockholders owning not less than ten percent of the stock of the corporation and a complete set of the same officers' , directors' and stockholders ' fingerprints which shall be taken by the City police. If the applicant is a partnership, one front-face portrait photograph at least two inches by two inches in size of each partner, including limited partners in the partnership, and a complete set of each partner or limited partner's fingerprints which shall be taken by the City police; 15. A detailed description of the proposed enter- tainment, including type of entertainment, number of persons engaged in the entertainment and any further information about the entertainment or entertainers, as the City manager may deem necessary; 16. The name and address of any other adult enter- tainment establishment owned or operated by any person whose name is required to be given in subsection B; 17. A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 18. Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of ouuc nrw� —� �i— the statements set forth in the application and the qualifications of the applicant for the permit; 19. Such other identification and information necessary to discover the truth of the matters required to be set forth in the application; 20. Applicant must furnish for any person whose name is required to be given in subsection 6 the information requested by subsections 1, 9, 10, 11, 12, 13, 14, 16, 18, and 19. 21. A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches. 22. A current certificate and straight-line drawing prepared within thirty (30) days prior to application by a California registered land surveyor depicting the property lines and the structures containing any established existing uses regulated by this Chapter within five hundred (500) feet of the property to be certified; the property lines of any established religious institution/synagogue, school, public park, recreation area, public building, business involving an on-premises sale of liquor or alcoholic beverages, or area zoned R-1, R-2, R-3, PR, PC, PI or C-1 within five hundred (500) feet of the property. For purpose of this Section, a use shall be considered existing or established if it is in existence at the time an application is submitted. B. The holder of the permit for an adult entertainment establishment shall notify the City's code compliance department of each change in any of the data required to be furnished by this section within ten days after such change occurs. 5.88.100 Renewal of permit. Upon application for a renewal permit, the applicant shall provide all of the information set forth in Section 5.88.090. 5.88.110 Investigation. A. After an application for permit has been filed with the city manager, he or she shall cause an investigation to be made by the City's code compliance department. The code compliance department shall refer copies of the application to the following departments within five days of receipt of the application: the City's department of building and safety, the Riverside County Health Department, the Riverside County Fire Marshal. These departments shall within thirty days inspect the premises proposed ouucnno� —1 A— to be operated as an adult entertainment establishment and shall make written verification to the code compliance department concerning compliance with the codes of the City, Riverside County and the state of California, that they administer. If such premises are not in compliance, the code compliance department shall notify the applicant, in writing, of the deficiencies, and shall cause the reinspection of such premises to be made upon written request by the applicant; provided, however, that such request for reinspection is made within thirty days after notice of noncompliance has been given by the code compliance department. The application shall further be referred to the City's police department for investigation of the applicant's character and qualifications. B. The aforesaid procedure shall apply to renewal applications for permits. 5.88.120 Issuance of permit. A. The city manager shall grant or deny an application for a permit within sixty (60) days from the date of its proper filing. Upon the expiration of the sixtieth (60th) day, unless the applicant requests and is granted a reasonable extension of time, the applicant shall be permitted to begin operating the business for which the permit is sought, unless and until the city manager notifies the applicant of a denial of the application and states the reason(s) for that denial. B. The city manager shall grant an application for an adult entertainment establishment permit if he or she finds and determines all of the following: 1. The conduct of the adult entertainment estab- lishment, as proposed by the applicant, if permitted, will comply with all applicable laws, including but not limited to the City's building, zoning and health regulations; 2. The applicant has not knowingly made any false, misleading or fraudulent statements of fact in the permit application, or any other document required by the City in conjunction therewith; if the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 3. The applicant or any other person who will be directly engaged in the management and operation of the place of the adult entertainment establishment: a. Has not done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself, herself or another, or substantially injure another, or o.uSOM1 -1 7- b. Has not been convicted of a specified criminal act. A "conviction" shall mean a plea or verdict of guilty or conviction following a plea of nolo contendere, unless the convic- tion was so remote in time as to indicate that the applicant has been rehabilitated, or the applicant has presented evidence to the chief of police which shows to the satisfaction of the chief of police that the applicant has been rehabilitated, i) The act or crime referred to in subsection 3 a or 3 b hereinabove must be substantially related to the qualifications, functions or duties of a person engaged in the business or practice of the adult entertainment establishment; C. The correct permit fee has been tendered to the City and, in the case of a check or bank draft, honored with payment upon presentation; D. The applicant has not had an adult entertainment establishment or other similar permit denied, revoked or suspended by the City or any other state or local agency within five years prior to the date of the application; E. The applicant is not under the age of eighteen years. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; F. The City may issue a license or permit to any person convicted of any of the crimes described in subsections 3a or 3b of this section if it finds that such conviction occurred at least five years prior to the date of the application and the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor convictions for crime mentioned in this section. 5.88.130 Denial, suspension, revocation of permit. After notice and hearing pursuant to the procedures provided herein the city manager shall deny, suspend or revoke any permit applied for, or issued under this chapter, if he or she finds and determines that: A. The business as conducted by permittee, its agent(s) or employee(s) , or any person(s) connected or associated with the permittee as general partner, limited partner, director, officer, stockholder owning not less than ten percent of the stock of the corporation, general manager or other person(s) , who is exercising managerial authority of, or on behalf of permittee acting under the authority of such permit, does not comply with all applicable laws, including but not limited to the City's building, zoning and health regulations; or B. Permittee, its agents or employee(s) , or any person connected or associated with the permittee as general partner, limited partner, director, officer, stockholder owning not less than ten percent of the stock of the corporation or general manager or other person(s) , who is exercising managerial authority of, or on behalf of permittee, acting under the authority of such permit, has: 1. Knowingly procured such permit by false statements, representations or nondisclosure of a material fact when such fact would have constituted good cause for denying the application for such permit or any document required by the City in conjunction therewith, or 2. Ceased to meet any of the requirements for issuance of a permit, or 3 . Failed to enforce any of the regulations set forth in this chapter or to cooperate with the police department by promptly reporting any fight, brawl or other unlawful activities occurring on the premises, or 4. Done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself, herself or another, or substantially injure another, or 5. Been convicted of a specified criminal act. "Conviction" shall mean a plea or verdict of guilty or conviction following a plea of nolo contendere, unless the conviction was so remote in time as to indicate that the applicant has been rehabilitated, or such individual has presented evidence to the chief of police which shows to the satisfaction of the chief of police that the individual has been rehabilitated, 6. such denial may be made only if the act or crime referred to in subsection B 4 or B 5 hereinabove must be substantially related to the qualifications, functions or duties of a person engaged in the business or practice of an adult entertainment establishment; C. The premises for which the permit was issued is being operated in an illegal or disorderly manner, or D. Noise from the establishment for which the permit was issued interferes with the peace and quiet of the neighborhood. 5.88.140 Inspection required. The City police shall from time to time make inspection of each adult entertainment establishment for the purposes of determining that the provisions of this chapter are fully complied with. It is unlawful for any permittee to fail to allow such DLIYSDl101 ��q inspection officer access to the premises or hinder such officer in any manner. 5.88.150 violation -- penalties. Any person violating any of the provisions, or failing to comply with any of the requirements, of this chapter shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not to exceed five hundred dollars, or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense. 5.88.160 Other remedies. The provisions of Sections 5.88. 120 and 5.88. 170 of this chapter are to be construed as added remedies and not in conflict or derogation of any other actions or proceedings or remedies otherwise provided by law. 5.88.170 Conducting business as a nuisance. Any adult entertainment establishment operated, conducted or maintained contrary to the provisions of this chapter shall be and the same is declared to be unlawful and a public nuisance, and the City attorney may, in addition to or in lieu of prosecuting a criminal action, in accordance with Title 1 of this code, commence an action(s) or proceeding(s) for the abatement, removal or enjoinment thereof, in the manner provided by law; and shall take such other steps and shall apply to such court(s) as may have jurisdiction to grant such relief as will abate or remove such businesses and restrain and enjoin any person from operating, con- ducting or maintaining an adult entertainment establishment contrary to the provisions of this Chapter. 5.88.180 sale or transfer or change of location. Upon sale, transfer or relocation of an adult entertainment establishment, the permit therefor shall be null and void unless approved as provided in Section 5.88.120; provided, however, that upon the death or incapacity of the permittee, heir or devisee of a deceased permittee, or any guardian of an heir or devisee of a deceased permittee, may continue the adult entertainment establishment for a reasonable period of time not to exceed sixty days to allow for an orderly transfer of the permit. OVO"Ml -7(�- 5.88. 190 Transfer of permit. No permit shall be transferable except with the consent of the city manager. An application for such transfer shall be in writing and shall be accompanied by fees prescribed in Section 5.88.030. The written application for such transfer shall contain the same information as requested herein for initial application for the permit. 5.88.200 Regulations pertaining to exhibition of sexually explicit films or videos in video booths. A. A person who operates or causes to be operated an adult entertainment establishment, other than an adult motel or hotel and regardless of whether or not a permit has been issued to said business under this Chapter, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, video cassette or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements: 1. Upon application for an adult entertainment establishment permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations, the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which this permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale with marked dimensions sufficient to show the various internal dimension of all areas of the interior of the premises to an accuracy of plus or minus six (6) inches. The City or its designee, may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared. 2 . The application shall be sworn to be true and correct by the applicant. 3 . No alteration in the configuration or location of a manager's station may be made without the prior approval of the City or its designee. 4 . It is the duty of the owners and operator of the premises to insure that at least one employee is on duty and situated at each manager's station at all times that any patron is present inside the premises. Duos C1101 —7� — 5. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station. 6. It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present on .the premises to insure that the view area specified in Subsection 5 remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to insure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection 1 of this Section. 7. No viewing room may be occupied by more than one person at any one time. 8. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access and an illumination of not less than seven and one half (7. 5) foot candle as measured at the floor level. 9. It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present on the premises to insure that the illumination described above is maintained at all times that any patron is present on the premises. 10. It shall be the duty of the owners and operator, and every person in charge of the business premises, and the duty of any agents and employees present on the premises, to maintain the walls or partitions between booths in good repair at all times, with no holes between any two booths such as would allow viewing from one booth into another or such as to allow physical contact of any kind between the occupants of any two such booths; provided, however, that if the configuration approved by the city permits an opening between the floor and the bottom portion of any such wall or partition, it shall be sufficient compliance if the entire wall or partition, as approved by the City, is maintained in good condition and repair, without holes or other openings in such wall or partition which would permit viewing or physical contact between occupants of adjacent booths. 11. It shall be the duty of the owners and operator, and of every person in charge of the business premises, and the duty of any agents and employees, to prevent customers or visitors from loitering, standing idly by in the vicinity of any such video nuucvnoi booths, or from remaining in the common area of such business, other than the restrooms, who are not then actively engaged in shopping for or viewing the products available on display for purchase or viewing; all such owners, operators, persons in charge, and their agents and employees shall have the duty to have posted and keep posted in prominent places in and near the video booths, signs prohibiting loitering, and shall be responsible for enforcement of such prohibitions. 12 . The owners, operator and every person in charge of the business premises shall be responsible for maintaining the floors, seats, walls and other interior portions of all video booths clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any such booth shall be evidence of improper maintenance and inadequate sanitary controls; repeated instances of such conditions may justify suspension or revocation of the owners' and operator's license to conduct the adult entertainment establishment. B. It shall be unlawful and a person having a duty under Section 5.88.200 (A) commits a misdemeanor if he or she knowingly fails to fulfill that duty. 5.88.210 Hours of operation. A. It shall be unlawful and a person commits a misdemeanor if he or she operates or causes to be operated an adult entertainment establishment, regardless of whether or not a permit has been issued for said business under this Chapter, and allows such business to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 1:00 a.m. and 9: 00 a.m. of any particular day. B. It shall be unlawful and a person commits a misdemeanor if, working as an employee of an adult entertainment establishment, regardless of whether or not a permit has been issued for said business under this Chapter, said employee engages in a performance, solicits a performance, makes a sale, solicits a sale, provides a service, or solicits a service between the hours of 1:00 a.m. and 9:00 a.m. of any particular day. 5.68.220 Prohibition of distribution of sexually deviant devices. A. It is unlawful for anyone to distribute, sell or offer for sale any device, instrument or paraphernalia designed or marketed primarily for sexual stimulation or for sadomasochistic use or abuse of themselves or others. B. Such devices, instruments or paraphernalia include but are not limited to phallic shaped vibrators, dildos, muzzles, ouu"no1 —7 j— whips, chains, bather restraints, racks, non-medical enema kits, body piercing implements (excluding earrings or other decorative jewelry) or other tools of sadomasochistic abuse. 5.88.230 Public nudity at adult entertainment establishments is prohibited. A. Public nudity is prohibited at adult entertainment establishments, whether or not alcoholic beverages are sold, served or consumed on the premises. Any adult entertainment establishment found to have violated this section shall have its permit suspended or revoked. The provisions of this section shall not apply to a theater, concert hall, or similar establishment which is primarily devoted to theatrical performances, as provided for by California Penal Code 318. 5 and 318. 6. B. It is hereby further declared that Section 314, California Penal Code, relating to lewd public nudity specifically applies to adult entertainment establishments (regardless of whether or not a permit has been issued to said businesses under this Chapter) , including said businesses even if no alcoholic beverages are sold, served or consumed at the premises of said businesses, pursuant to California Penal Code 318.5 and 318. 6. Prosecution for violations shall be maintained under the Penal Code by the appropriate enforcement officials. 5.88.240 Severance clause. If any section, subsection, subpart or provision of this chapter or the application thereof to any person, property or circumstance is held invalid, the remainder of the chapter and the application of such to other persons, properties or circumstances shall not be affected thereby. PASSED, APPROVED AND ADOPTED this day of , 1994, by the City Council of the C ty of Palm Desert, California, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: S. ROY WILSON, Mayor City of Palm Desert, California quYcgl101 —'�4— ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM DESERT, AMENDING CHAPTER 5.88 OF THE PALM DESERT MUNICIPAL CODE REGARDING THE OPERATION OF ADULT ENTERTAINMENT ESTABLISHMENTS The City Council of the City of Palm Desert, California, does hereby find as follows: WHEREAS, adult entertainment establishments in the incorporated area of the City of Palm Desert require special supervision from public safety and health agencies of the City and County of Riverside in order to protect and preserve the health, safety and welfare of the patrons of such establishments as well as citizens of the City; and WHEREAS, the City Council and staff have conducted an extensive review of land use studies concerning the secondary effects of adult entertainment establishments in other cities including, but not limited to, Garden Grove, California (1991) ; Phoenix, Arizona (1986) ; Minneapolis, Minnesota (1980) ; Houston, Texas (1983) ; Indianapolis, Indiana (1984) ; Amarillo, Texas (1977) ; City of Los Angeles, California (1977),; '. Cleveland, Ohio (1977) ; Austin, Texas (1986) ; Seattle, Washington ('1989) ; Oklahoma City (1986) ; Beaumont, Texas (1982) ; and Whittier, California (1978) ; have conducted its own studies, surveys and questionnaires of real estate appraisers, business persons and residents in Palm Desert; and WHEREAS, from review of the other cities' studies and the City's own surveys and testimony from its citizens, there is convincing documented evidence that adult entertainment establishments, because of their very nature, have a deleterious effect on both existing businesses around them and the surrounding residential areas adjacent to them, causing among other adverse secondary effects, increased crime and downgrading of property values; and WHEREAS, it is recognized that adult entertainment establishments, due to their nature, have serious objectional operational characteristics, particularly when they are operating in close proximity to each other, . thereby contributing to crime, lower property values, urban blight and downgrading of the quality of life in the adjacent area; and WHEREAS, the City Council finds that adult entertainment establishments are frequently used for sexual activities including prostitution and for other sexual liaisons of casual nature in places open to the public; and RWH58112 operators of adult entertainment establishments comply with reasonable regulations and are located in places that minimize the adverse secondary effects which naturally accompany the operation of such businesses; and WHEREAS, the City recognizes the possible harmful effects on children and minors exposed to the effects of such businesses and the deterioration of respect for family values, and the need and desire of children and minors to stay away from and avoid such businesses, which causes children to be fearful and cautious when walking through or visiting in the immediate neighborhood of such businesses; and WHEREAS, the City Council finds that there would be a deterioration in the quality of businesses which choose to operate in and around adult entertainment establishments; and WHEREAS, The City Council desires to minimize and control these adverse secondary effects and thereby protect the health, safety and welfare of the citizens; protect the citizens from increased crime; preserve the quality of life; preserve the property values and the character of surrounding neighborhoods and businesses, deter the spread of urban blight and protect against the threat to health from the spread of communicable and sexually transmitted diseases; and WHEREAS, the City Council has considered the decisions of the United States Supreme Court regarding local regulation of adult entertainment establishments, including but not limited to, Young v. American Mini-Theatres, Inc. , 427 U.S. 50 (1976) reh. denied 429 U.S. 873; .Renton v. Playtime Theatres, 475 U.S. 41 (1986) reh. denied 475 U.S. 1132; FW/PBS. Inc. v. Dallas, 493 U.S. 215 (1990) ; Barnes v. Glen Theatre, III S.Ct. 2456 (June 21, 1991) ; and WHEREAS, the City Council has determined that locational criteria alone do not adequately protect health, safety and general welfare of the people of the City and thus imposition of certain requirements with respect to the ownership and operation of adult entertainment establishments is in the public interest; and WHEREAS, the City Council, consistent with limitations on the sale of alcohol, further finds that restricted hours of operation will further prevent the adverse secondary effects of adult entertainment establishments; and WHEREAS, it is not the intent of Chapter 5.88 to suppress any speech activities protected by the First Amendment, but to provide content neutral regulations which address the adverse secondary effects of adult entertainment establishments; and WHEREAS, it is not the intent of the City Council to condone or legitimize the distribution of obscene material, and the Council recognizes that state law prohibits the distribution of obscene materials and expects and encourages law enforcement state and RWH581 t 2 -3- local enforcement officials to enforce state obscenity statutes against such illegal activities in the City; and NOW THEREFORE, The City Council of the City of Palm Desert does ordain as follows: SECTION 1. Pursuant to state and local environmental regulations, it has been determined that the regulations encompassed in this ordinance are not considered to have a significant impact on the environment. The proposed action is further deemed to be classified as a Categorical Exemption pursuant to the state and city environmental regulation. SECTION 2. Chapter 5.88 of the Palm Desert Municipal Code is hereby amended to read as follows: Chapter 5.88 OPERATION OF ADULT ENTERTAINMENT ESTABLISHMENTS Sections: 5.88.010 Purpose. 5.68.020 Definitions. 5.88.030 Permits. 5.88.040 Location. 5 88 959 Permitted adult entertainment eetablishmentsi 5.88.060 Amortization of nonconforming uses. 5.88.070 Operational criteria. 5.88.060 Employment of and services rendered to minors Phi. a'. 5.88.090 ►pplicat' on for permit. 5.88.100 Renewal of permit. 5.88.110 Investigation. S.88.120 Hearing netioes 5.88.130 :. ,::,:.:,.....,.......::..:,:.::...<...:. c:.....,..o w "moo Denial, suspension, revocation of permit. . 170 B 9 1 Inspection required. P � � t.88,�5D; Violation -- penalties. 5190 Other remedies. 5.88.2GO ]7 Conducting business as a nuisance. 5 � 88 1$3 Sale or transfer or change of location. Transfer of permit. 5 88r219 5 8O.2Q Regulations pertaining to exhibition of sexually explicit films or videos in video booths. 5 88.220 5°.,s8.21fi', Hours of operation. 5.88.230 5 88.220 Prohibition of distribution of sexually deviant devices. RWH58112 -4- 5.88.246 8$ C' Public nudity at adult entertainment establishments is prohibited. 5.88 230 severance clause.; 5.88.010 Purpose. y j The i , finds that j �.. V` pU,]i', idw9 Sri.- GIFT i1.nt t MST. ♦a,n. ..,v T..n... Y th 5 ordinance to recn late adult entertainment"bt}s�nesses�eeaQ� eharaeteristies when ef . r j ... are vv..yr_..v_ under eertain eiretimstanees, thereby having a deieteiieus—arrest er_.. _a=a_ent areas. Bpeeial leeatienal regvlat#en e€ these- businesses 1- ---------- insure tha these adverse _rr__t_ . The _ neighberheedsaprimary r r g ` tv—p� cvc�ry w�stakllishsaent» > o; promote the hesalth, safety,, and general welfare of then cit�,ze�s of the. City aid td' esta7alish reasan�ble c"tnitl tt�tif�xrm reguiaticns tG :pre�t'etzt :,$� deZeter�:cus e>ti;«'ects cif ad1tl� entc�rtainmer�t estabi�.sh'�ttents wlthlr the Cx'ty The :prcltisons of' thxs ehapte� have neither the purpbe� nox ePeet csi� �mpasing a lsmitatias or x�strict;irs�i ort;'tt�e epnten cf a.ny' _ Gou�lurticative ;�ater�.al�;�. inal�zding :se�cuallir ,a�r .ented m1,�terials Similarly it is not: the .latent ino>r effect c�� � �,� chapter to x�st,«i�t 1�r deny;;aocessby ad�its to ssxu��.l� ar�ented mat,sr>,as �SrQteCted hj� the ;�'�.irst Amendment, or` to Ede�sy a+ cess by the d3atralbutars� a�►ci exh�€biCgrs df sdul� enter�a�.xuner�t t0 their �nte�ded market N�it�Zer -zs it< t,?ie 'xnten� or ef�eat ' oP, 'this chapter to in any w� condone ar ;lega.t3�3�e the c�istr3.butzatt a ©hscene material ar material harmful to miners t "".".`." ."" "' "� 5.88.020 Definitions. Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter: A. Adult Entertainment Establishment. This term is defined to include each and every one of the following described uses: 1 "Adult business" taeat3s+�Adtiit »HoCICZ�tA7 e�R N'�1ue3,ty St+ore!+ cr +tAdult, Yideo 5t1�re" means a s egmmercial� es�aialistutent which (�.') has �s a szgnif�oant yr subsxtant�.a7.s�sortien a� its stock In trada gz �2� d��ives a s-3cp1�,��,�a�it,c�, sulrstantl� pa�ttan oat its re�renues ox- #ay devate:� a >� g�aifi�ant i�ryeubstantS:x� portion �� .its i.nter��xr �iai�r or ;c�is�ala� spq�e cr (4� dQvotes mgz�i�ieant oz substahta.a2. partio� of it;� bxts3iz�eas �;�tiv�.te� e empl�ryees► time:, ter advertising: to the sale, xentai, ar viewing f�?7 e»y �or5twe$ GC�nBit�erdt�.oY1r. ..bf any+�nen�ar more,..o� the f°�invt�;hJ�� RWH58112 -5- a. State Department e f a l eehel ie Bever-age Gentrely if such use strietly limited te the sale ef aleehelle beverages and feed, or- bs Any—business ether than these emprressiy speei€led in this areas er engage in speei-f-iPF] qPIRIRI Retivitiesl er e; Any ether business er establishment ehar-aeterized by an emphamim ca3s, magazines/ perlfldiaAilS` Or��ther printed. matter; ar pnatagzap�s, fllmsr: agcxtfan p�.�tu�ee, �rideti cassettes, si�.rles* or Miser 5 visual. repres�snfiatiar�sr which az� �haraeeried ley tie s1 } 33an ar desripa f specifiei�J`sexiTaY activities or`sypecif` ed' anatomical" areas:;: . "Adult business" shall net be deemed to inelude the praetlee ef any ef the hearing arts 1y any 1 ed znsk�ent:"s, devicesr cx parapherna��ia which are esi�n�daf�ta� use is cannectiais wri ;speai�sed sexual �activ�.t3as i ' c. 2 . "Adult heekstere" means an establishment having-a Suabstantial er signi€ieant=pertien e€ its steek in trade,becks, magazines er ether perledieals whieh are distinguished er eharaeterized by an emphasish Y i-"L Qlas l ef matter eatab�.�leh»�nt m�iy hs'v'� dozer mig�3.i�icatit ors ��zbstatttial lsu lo ental ar rriewiisg of ; mdter3als f de tiding or describ.. speciFied;sexual aetivs.ties or°spedfied ai�atamical areas, an �+ti�l be categorized ae�az�+ult bdaksto:�e, adult ne�velt� stare, ar adult v^ dec� st©fie Su€h other bussnss� purposes ez�.Il art serve to exempt �>�ch e�Cab2ishments from i�ifsq,ca�ee�arixed a an adult books�q�e, ads�.t 'rt©veltx sta7�Q qr; ad�lt��iz�ea .st�rx' so long yea one �� its; sign3:�a.+�ant ar subetantial busine;�a purposes is ��fering for saps ar rental,; for same Form ns c.�...... t3axz, Cake spediiie8 , #4at riai W11 Gil.'. depict C3^ de. ... a spacifsed anatomical areas ar speaif ed sexua3 2. /�Adttlt , au+�tei'/ aueazta a satel,J isat�l� rar einu.�. cr�iamercialaestalslishmnt which• 2(aj ©PFers` pt;b3C 1111 far any rurm rrf' cansiderat�att, srid which regularly pzavid�s � makes :available to patr'+�ns with closed circui.� telev3,s�.n tra�nsmiee�.�nsr fi1]ttsi A14tJ.f�l'i piaturesr v` dea cassettes; elides pY Atl�er phatrrgrapiz2c repraduct�.nns s�hich ;are nharacterazed l?� the cspictioYl ;ar desripta an spedified :seiival ` activit`ies or specified „ariatomical areas se tien ed to the sale or- xopxcrvs—ovvn—mv ccx rcis advertisa� flee availat�ility of this sexual#.y cr�ented Jtype af' mate�cia2 ;bY means bf a sign„Ytiss.ble from the pdblicyriglst< af° wad; RWH58112 -6- e bar 31a7�e Q r aay a pre�ui � adue�rtisg Yncudass ; At ` nab limkted tc�, news�aperst mar�axxr�esx pamphlets bz 1eeEl.�ts, z�din a� teleYrson, or (b offers a sleeping rood �Eor rent for a period of It 3me leek they Cen {lt hauxsk ar : {G1 acswsenetfa adupart t reks ox sub-rent :ohs seepnc .,room for a. zme periodsf Yese tkfsri Can {1Q}$ kc7ttrs „ 3. "Adult hetel er mete!" means a hetelersetel wherein material is presented whieh is distInEyalshed er +l,- Adult minimotion picture theater" means an enclosed building with a capacity of less than fifty persons used for presenting material distinguished or characterized by an emphasis on the portrayal of matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. 4. r"Adult motion picture arcade" means any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on the portrayal of matter depicting or describing specified sexual activities or specified anatomical areas. 5. 6:"Adult motion picture theater" means an enclosed building with a capacity of fifty or more persons used primarily for presenting material distinguished or characterized by more than an emphasis on the portrayal of matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. 6. :F. et.!tAz tilt; 1c"lX " means a nightclub, pe-fe-manees by tepl r—bettesless daneers, ge-ge daneers, emetie daneers, strigpers--er similar entertainers, _h__e _--�- ------ ba.W y restaurant bottle :. shop,. theater �r ssmilar° commercial? esabliek�ment, rhether ar nablaah`alia k�eversges ere ; rved ,.;w3a2 features f raj �iersons who appear nude or 3.n a state. cf nudrtlx�o� eta. x�ttc+�; (lad 1S.ve� per�vrnia�nces vthich Sze clzaraat�rixed by the exposure; of specifiedi anatomical areas er hY: specified sex�#a1 eotiva.t �e� a� {a� fi�;nex mc�tii.an pa��ure�,; idea aesaettea, �lidee or other phetographio ;reproducticns which are characterized by the _. , _ depcCiot or �lescrptit�z of „ F ' specif'iect sexual activities or specified" ariatomi`cal areas. 7. 8—"Encounter center" or "rap studio" means any business agency or person who, for any form of consideration or RWH58112 —7— gratuity, provides a place where two or more persons may congregate, assemble or associate for the primary purpose of engaging in, describing or discussing specified sexual activities or specified anatomical areas. 8. 9-ar"Figure model studio" means any premises or mobile facility where there is conducted the business or transaction of furnishing, providing or procuring figure models who pose for the purpose of being observed or viewed by any person, or being sketched, painted, drawn, sculptured, photographed, filed, videotaped ory otherwise similarly depicted in the nude stater, off` fi Y� litld tk1" senS: liUdi before persons who pay a fee, or any oilier £Bing of"value, as consideration, compensation or gratuity, for the right or opportunity to so observe a figure model, or for admission to, permission to or as a condition of, remaining on the premises. "Figure model studio" does not include any studio or classroom which is operated by any public agency, or any public or private educational institution authorized under California Education Code Section 94300 et seq. , to issue and confer a diploma or degree. 9 '>wh definitson of "a?iul.'t business" Eslial nQt �.nrslude dl'!t �st�kaiish�tent 'WhE!re �9, me�fcal � prau�itaox�e�, psycbolrsglst, p'syehiatristy or similar profssslonal �i�son ��,�ens the s�at� engages in med�.ca1�.Y �pp�`dveci a� cl �eG�igni2ed 9eXttA� therapy,, B. "City manager" means the City manager of the City of Palm Desert, or his or her designated representative. C. "Employee" means any person over eighteen years of age who renders any service in connection with the operation of an adult entertainment establishment and receives compensation from the operator of the business or patrons. D. 19 Millshltl@i#�" Iper�ilS AY1f�` 3i9C9 1d83 �11�+ �7� �2YPY �[5��lYW171 fJ 7el nf� Gt� G"dmTlfOnL'6 CL ii i5 $}� to 1#GYl„b1�15 sS a : 4X,kfU6�,31�s�t � a. e canvers5on an existi�ig k�u i `_k whelie �u uj�a3yi{ yaelulyt bxtrisss', tta any t�f the adult bu:sinpsses densd irk th:A.MT MYSL4ltelt y n . . ,...., x:,.. ..... ,...:. t a, bf a iy 6f tie a u1 eii e nm ttt estal3lishments deEineel In this chapter to any titlfer exstinq adult s� ataa is me .... . ,: O.. H... .__ a. The ��iaG�tioY1 �� ahy such �du�t e�te��ianmen e��alx7,ish�nent,•x„ate u}bst�.a{n l nlaraant of and^. such. f,adu2 AMtl. :i: nt !GA{. lalxshme�i�.. :••YV•..n ... wRY„...:.. RWH58112 -8- E. "Nudity or State of Nudity" means: (a) the appearance or display of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or (b) a state of dress which fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast. F. "Operator" means and includes the owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises. G. B�"Permittee" means the person to whom a permit has been issued. H. F�"Police chief" means the chief of the police department of the City of Palm Desert, or his or her designated representative. I. "P eblie building', means any building ewned, leased er States,held by the United the state, the eaunty, the Gity, any speeial / seheel distriet, er any ether ageney er pelit! subdivislen of the state er the United names which has been designated €er park er reereatienal aetivities / / srri�ieg--geel, reserver, athletie €#eld, basketball er tenthe Gity whieh is under the nis aee, wilderness areas, er similar publie land within / / er management ef K. "RelAgleus instAutlen" means any / / wership and related rel i gi eus .fat: it family hemes, duplemes, tewnhemes, multiple family / , as defined in the Palm Desert Gity Bening ordinanee. seheels, intermediate seheels, junier high seheels , middle seheels-, high seheels reeatienal seheels, seeendary seheels, eeatinuatiea seheels, speeial edueatien seheels, junier -----.es, and ineide -ally as - sehee_. "Sm �f�ud mean , a steof ;dress fir► whcher� }> nib �c��t�xs na a�ar� that �e q�a.ta�s, pubf�, ������ and sr�dla� cf the f+szaal.e breast; ; as t,�ell as port3ans of the, body_,_? �ovex'ed� ` su ,partingttrps or deuaGe ' RWH58112 -9- as 116eifually Oriented Business" means an adult areade, adult adult mete!, adult metlen pieture theatre, adult theatre, massage par-ler, sexual eneerinter establishment, ,.le. P-AW> "Specified Anatomical Areas, " as used herein means and includes any of the following: 1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola; or 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. >.,,..:..:..::.,:. .w.,::.. Q. s���s}�ea3 Uk 3a art ats ial s s th h sex�a3 ��eximes aga�.nstFehildren� sexual. abuse, rape 'or grimes dC?riI1bC'��cd Afi3.th..anc�thex ddLt�:t ent�ztaitlme �t ��tabl3.stu}iettt #zric�ude �bNutMAny4A4t I�NmAitet3y. to dxs/trYribyuytyoMn 404�' .aYss��r��,t,y ter material 2�axauful «�c <' Specified sexual activities" includes the following: 1. Actual or simulated sexual intercourse, oral cop- ulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: analiaqus 2 # buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrbphlia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or 2. Clearly depicted human genitals in state of sexual stimulation, arousal or tumescence; or 3 . Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or 4 . Fondling or touching of nude human genitals, pubic region, buttocks or female breasts; or 5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or 6. Erotic or lewd touching, fondling or other contact with an animal by a human being; or 7. Human excretion, urination, menstruation, vaginal or anal irrigation. RWH581 t z -10- S �� ubstantialn3argemert ofdnit Yntertaznenh tek�lshm►ezyt`! ,meax�� iharease in tha fl+aar arias `a�eupied by the business; by mare than 15$,.; � yT'xansferR� of � :an . adul��, eritrta nxnet estab a shment meazxs ar�d iaudes , :any :of .the �Qllown� ,: 1 The sale, lease ar..sublease of the,. husines�l` � The transfer of securities wttsoh, const�tutra YiiJntri?�,`��T1S,� �>xtCsrest ��,t�e.wbi����r wh�th@3�'ly' safe, exchange C� smi�.ar :�eans•:.. ,.......,. .. : . , . w<�:k.,.,.._� . .rw�.. .:...�. :.> � the establishment of a trustf lift ar atPler stm�,lar ��ga� r���t�se w2�ach tr�nsfer� owriership a� �c�ncx��. �a£ the business,' except Ear transfer by bequest ar other operation a haw u�sa d�8'��k Y5� � �ek'8t?h possessing t�� awnershS.p a:� .Y:an�,ra1:,,, 5.88.030 Permits. A. It is unlawful for any person, association, partnership or corporation to engage in, conduct, carry on, or to permit to be engaged in, conducted, or carried on, in or upon any premises within the City, the business of an adult entertainment establishment as herein defined, without possessing a permit issued pursuant to the provisions of this chapter for each and every sepa- rate office or place of business conducted by the above. The permit fee required hereby shall be in addition to any other license, permit or fee required under any of the provisions of this code. B. Neither the filing of an application for the permit, nor payment of any other license, permit or fee required under any other provision of this code, shall authorize the engaging in, conducting or carrying on of an adult entertainment establishment. C. The application fee for an adult entertainment establishment permit shall be five hundred dollars and is non refundable and shall be used to defray the cost of investigation, processing and hearing as set forth herein. The fee set forth herein shall be in effect until the City council shall by resolution fix some other rate based upon a cost factor. D. All permits shall expire on December 31st of the calendar year for which they were issued. Applications for renewal of a permit shall be made on or before November 30th of the year preceding the year from which a renewal permit is sought. The renewal application fee for an adult entertainment establishment permit shall be one hundred dollars. Said renewal application fees are nonrefundable and shall be used to defray the cost of investigation and processing the renewal applications. The fee set RWH58112 -11- forth herein shall be in effect until the City council shall by resolution fix some other rate based upon a cost factor. 5.88.040 Location. A. No adult entertainment establishment shall be established in the following locations: 1. In any zone other than the SI or service industrial zones; 2. Within five hundred feet of any R-1, R-2, R-3, PR, PC, PI zone and five hundred feet of any other C-1 zones in the City of Palm Desert; 3. Within five hundred feet of any parcel of real property in which is located any of the following uses or facilities: a. "Church" defined herein as any facility used primarily for worship of any religion, or used for other religious purposes. b. City, county, state, federal or other governmental public buildings, whetherswned, 3ease�d`�. Qr apaet bar gery zt�uteztai rxtity :including but""not"limited" t"o`" o ty"foal"ls, libraries; police an fire stations and post offices. C. "Schools" defined herein as: i. Institutions for teaching .._,. .... minor children (e.g. , child Ck G akii-.iti4i": pxe haal; day schools, elementary schools secondary schools, UgFi schoois) and ii. Institutions of higher learning receiving approved graduates of preparatory school and offering instructions in art, letters and science, leading to the bachelor's degree or master's degree (e.g. , colleges and universities) . The aforesaid institutions may be funded and/or operated either by governmental public authorities or by private organizations; lars� �tiieh had laaen de�a�nafi.�d ft�r �ar ,rs� re��eational. �ct�v.ixt;$ i,x��i�di.ng but nay 1a.ttiitad �� ,� �r�rk, pz�pgxau�d,Y xt8�itk�= t#�il� swimming Ypo,o1, reseru©ir, athietke Pieldf t krasketba�;� or'stenn�; dE� S1f open spa , waldezness arias, ar sitn�l�r:publiC istith3t ��e bity which-,zs un>3er the �ontrtil, operation; ar manaq>gm�nt o€ t Ca k paxk end xe rat ran auti�csrilas. RWH58112 -12- 4. Within five hundred feet of any other adult entertainment establishment; 5. Within five hundred feet of any business involving an on-premises sale of liquor or alcoholic beverages. B. The measure of reference distance in this section shall be a straight line from the nearest property line containing the adult entertainment establishment to the nearest property line of an affected use, without regard to intervening structures. A. Any adult entertainment establishment net speeifieally permitted by the previsiens ef this seetien shall be prehibited unti I quF-h time as this seetlen may be amended te per-nit sueh establishment. The establishments speeifieally permitted are—a-9 €el lewB! .1, Adult beeksteref 4 . aatrlul*: l[19tien pie ure areader S. Figure medel studie. B. all Y ..J•itted adol� entertainment establishments eemply with all regulatiens and r shall be eenBtrued as permitting any ty etherwise pLaehlbited- by state er l e .mi l law, 5.88.060 Amortisation of nonconforming uses. The provisions of Title 25 of this code dealing with nonconforming uses shall not be applicable to adult entertainment establishments. Instead, the following amortization schedule shall apply to all adult entertainment establishments which do not conform to the terms of this chapter but otherwise are legally existing on the effective date of the ordinance codified in this chapter RWH58112 -13- A. For an adult entertainment establishment legally existing in the City of Palm Desert for a period of no less than six months preceding the effective date of the ordinance codified in this chapter one hundred twenty days; B. For an adult entertainment establishment legally existing within the City of Palm Desert for a period of no less than three months preceding the effective date of the ordinance codified in this chapter: ninety days: C. For an adult entertainment establishment legally existing within the City of Palm Desert for any period up to three months preceding the effective date of the ordinance codified in this chapter: sixty days. 5.88.070 Operational criteria. In addition to the base zone requirements governing use and minimum development standards, the following additional requirements shall be met by adult entertainment establishments: A. The use shall have a separate business entrance adjacent to the required parking area and no other nonadult use shall be permitted in the same building space while used as an adult entertainment establishment. B. All signing and architectural graphics shall comply with the provisions of Title 25 of the code of the City of Palm Desert. C. Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the fire department and building and safety division regulations and standards. D. All building openings, entries, windows, etc. , shall be located, covered or screened in such a manner as to prevent a view into the interior from outside the building. E. Lighting in Parking Lots. Lighting shall be required which is designed to illuminate all off-street parking areas serving such use for the purpose of increasing the personal safety of store patrons and reducing the incidence of vandalism and theft. F. Amplified Sound. No loudspeakers or sound equipment shall be used by an adult entertainment establishment for the amplification of sound to a level discernible by the public beyond the walls of the building in which such use is conducted. G. The building entrance to the adult use shall be clearly and legibly posted by a notice indicating that minors are precluded from entering the premises. As used herein, "minor" means an individual less than eighteen years of age. RWH58112 -14- H. Commercial businesses licensed or operating within the City shall not display or exhibit any material in a manner which exposes to public view photographs or illustrations of specified sexual activities or one or more naked adults in poses which emphasize or direct the viewer's attention to the subject's genitals. As used herein, "exposes to public view, " means exposes to the view of the person outside the building in which the commercial business is located. I. The permit required by this chapter shall be displayed in a prominent area. 5.88. 080 Employment of and services rendered to minors prohibited. No holder of an adult entertainment establishment permit shall employ any person under eighteen years of age nor shall such permittee provide any service for which it requires such permit to any patron, customer or person under eighteen years of age. 5.88 .090 Application for permit A. Any person, association, partnership or corporation desiring to obtain a business license tax certificate and a permit for an adult entertainment establishment shall make an application, under oath, to the City manager upon a form provided by the City manager showing: 1. The name, current permanent residential address and telephone number of the applicant: 2. The business name, proposed business address of the adult entertainment establishment and its telephone number. a. If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation and it shall provide a copy of its articles of incorporation. The applicant shall show the name and residence address of each of the officers, directors and each stockholder owning not less than ten percent of the stock of the corporation and the address of the corporation itself, if different than the address of the adult entertainment establishment. .heapglcant still] showha� ha ca�pa:�aC3.an is irs gaa�l,st�ridi�gryu�t�er a �.�w�s a� �� �farz��.a.< _......c.. F .c F.... ...<. v.0...v...i. :v i .....5,v..uL ......u..vYG....... b. If the applicant is a partnership, the application shall show the name and residence address of each of the partners including limited partners and the address of the partnership itself, if different than the address of the adult entertainment establishment; 3. The name and permanent address of the owner of the property upon which the applicant intends to locate the adult entertainment establishment. If the property owner is a RWH58112 -15- corporation, the name shall be exactly as set forth in its articles of incorporation and the applicant shall show the name and residence address of each of the officers, directors and stockholders owning not less than ten percent of the stock of the corporation. If the property owner is a partnership, the application shall show the name and residence address of each of its partners, including limited partners; 4. In the event the applicant is not the owner of record of the real property upon which the adult entertainment establishment is or will be located, the application must be accompanied by a notarized statement from the owner of record of the real property acknowledging that an adult entertainment establishment is or will be located on the property. In addition, the applicant must furnish a copy of the lease or rental agreement pertaining to the premises in which the adult entertainment estabLishment will be located; 5. The date, hours and location where the adult entertainment establishment is proposed to be conducted, and the admission fee, if any, to be charged; 6. The name(s) of person(s) having the management or supervision of the applicant's business; 7 . Whether or not the applicant has been convicted of a e pac3 Pied c m nal act w t in he a t v$ yeap.q, the nature of such`offense the"date"of" corivictlon " place convicted and the sentence received therefor. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners including limited partners; 8. Whether or not the applicant has ever had any similar license or permit issued by such agency revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reasons therefor, and the business activity or occupation subsequent to such action of suspension or revocation. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 9. Driver's license or other acceptable identification and social security number of the applicant. If the applicant is a corporation, this requirement applies to each of the officers, directors, and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; RUR58112 -16- 10. Acceptable written proof that the applicant is at least eighteen years of age. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 11. The height, weight, color of eyes, color of hair and date of birth of the applicant. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 12 . The business, occupation or employment history of the applicant for the last five-year period immediately preceding the date of filing of the application. If the applicant is a corporation, this requirement applies to each of the officers, directors, and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 13. Each residence and business address of the applicant for the five-year period immediately preceding the date of the filing of the application. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 14. One front-face portrait photograph of the applicant at least two inches by two inches and a complete set of applicant's fingerprints which shall be taken by the City police. If the applicant is a corporation, one front-face portrait photograph at least two inches by two inches of all officers, directors and stockholders owning not less than ten percent of the stock of the corporation and a complete set of the same officers' , directors' and stockholders' fingerprints which shall be taken by the City police. If the applicant is a partnership, one front-face portrait photograph at least two inches by two inches in size of each partner, including limited partners in the partnership, and a complete set of each partner or limited partner's fingerprints which shall be taken by the City police; 15. A detailed description of the proposed enter- tainment, including type of entertainment, number of persons engaged in the entertainment and any further information about the entertainment or entertainers, as the City manager may deem necessary; 16. The name and address of any other adult enter- tainment establishment owned or operated by any person whose name is required to be given in subsection B; RWH58112 -17- 17. A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 18. Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit; 19. Such other identification and information necessary to discover the truth of the matters required to be set forth in the application; >�e. The names, eusscnc addresses and=written-acat2mezitsty € at last three bena €ide--gerr%anent residents of the United States that the—applieant—is e€ geed meral eharaeter. If the •-rrl_eant is able, the statement must first be furnished--€yea— Wes#denbe e€ the Gity , then the eeanty, then the state of Galifern}a, and lastly, €rem the-rest-e€ the United States, These refer-e ees must be perreens ether than relatives and business i this requirement applies to eaeh e€ the e€€ieers, dir-eeters and¢eto st....,.he a__ owning net—less than ten percent of the steel_ of the e �r- _t • r if the ..pp : eant Is a parrtneL'ship, this requirement applies t-e eaeh e€ the—partners, tY; =' Applicant must furnish for any person whose name is required to be given in subsection 6 the information requested by subsections 1, 9, 10, 11, 12, 13 , 14, 16, 18, F1C1z19 and 20. ,:.,.:,:;:>, y..(::.�:µ.::.:.,y.„.�.a,.�..y:...>.:<,;:<:>:<y,.:<µ..:,,«,. s� �y 1y �yj j yy{� S yyLw♦y:Fy ���R 21 �3ketr.'k►, MF G��fT� b"�3.L1YY,i11� {.�erT.MLIf�i �R M3•VM /ayN"sM,xx*: Xea pr�emi�usy�is, ir�w4.,}' �lluawdying a{,aV s: ay}at��yyemyyeyynt uyeafyy 't stra{� fly er�iot'.y'-�sypa�e , A•FY•:V4l�i �,ed kiiy` M3.ifir �uRY'aL:Ai�'iFAA Y`. ;H Th�:'.FlkSietM33: �i f 5�����4i911' . �FG�1D3}4��r yyM� p>"oEessir�nall�r ;prepared, bud s.t must fro rirawn tti;�a des3;�i�aterl sea�a e��d���h t�t3'�h �ua�ked di�e���exle c�� .tne �ntez�.ar a� the pk' seS 22 � current o�rtifzcate and stra�.ght�Iine� draw�.nc� pY'�parec�.. With3'i �hty`, f3t3) days �r�Ar �t�a ��3�p�,irtaticxr byy �:� .�{a,lifyc►�nza y{♦�+{�en.gy�ys♦'ytyer�ci;hlya{nµel �uru��rcyyiz.{{' dep�#yyye,+�tii+n�rrgy L�yhje ���S�yyaperjt�:" �.�iy�ar�ey T.iFA� S�h� �V}��{.4[iFMagi'. ,CO2�tdt�n�.Y1tJ LiJ�� eii{.i�kli.7.a�hed 4iM��ti��. MIFIrii� �ac�ul.ated b� this Chapter wi�h�,n �'iue nunc�e� , �5an�` �e���, c� � pzapez�Gy �a ' eerta.fied, the �arapert� ,�x�a�a n� �nyn�eta7ai=lee rnligiaus institute©nj.... gue, schaai puhis park recreatiari ...reap iaubli bt �lciiz g OUSM ess i vaI-M ri1n a p em es ai a l�utsr or alcalaol�.G tieve�ai;�es, ar : PRE PG, . <q - withxn five hundred f50d} Eet of thearspert cor�pucysr3o " RWH58112 -18- tl�ts Sebtiax�, � use small be' considered s7t�.st�.ng �srAesfi�blxs�ie��` � �:�. �.� i� exa.ste�ce �� the times en eppl�:cati�atr is st�am3tted�# . ....._. B. The holder of the permit for an adult entertainment establishment shall notify the City's code compliance department of each change in any of the data required to be furnished by this section within ten days after such change occurs. 5.88.100 Renewal of permit. Upon application for a renewal permit, the applicant shall provide all of the information set forth in Section 5.88. 090. 5.88.110 Investigation. A. After an application for permit has been filed with the city manager, he Q wiisha11 cause an investigation to be made by the City's code-compliance department. The code compliance department shall refer copies of the application to the following departments within five days of receipt of the application: the City's department of building and safety, the Riverside County Health Department, the Riverside County Fire Marshal. These departments shall within thirty days inspect the premises proposed to be operated as an adult entertainment establishment and shall make written verification to the code compliance department concerning compliance with the codes of the City, Riverside County and the state of California, that they administer. If such premises are not in compliance, the code compliance department shall notify the applicant, in writing, of the deficiencies, and shall cause the reinspection of such premises to be made upon written request by the applicant; provided, however, that such request for reinspection is made within thirty days after notice of noncompliance has been given by the code compliance department. The application shall further be referred to the City's police department for investigation of the applicant's character and qualifications. B. The eity eausetheat -v to L manager YY +a-cve vca The aforesaid procedure shall apply to renewal applications for permits. 5.88.120 TO** as A. Ater- the—eity--manager has set the -.._, : _at __ r he shall eauBe netiee ef the hearing te be given wit thirty days to all rr-r- irty eifnerswithinhundred o eet ef- the nreseBed gar aetual leeatien e€ the-appiieantls business. Fer the pur-pese e€ this seetien, netiee te—preger-ty ewfiers shall: be RYR58112 -19- the last eefaalized assessment rell en fiie with the eAy� Additienall.. the __ty _ - l :e netie tc he manager Rfir shall e.�ii^i3 rill^ the hearing date. All net lees previded fee this seetie shall: L_ in the €erm and manner- as de-tei-mined liyT-the eity manager. (Ord. 3:71 3-�,yy{ �t}ysys+► jjT/hyeyiVt ma�µaygsr� ysh�ahCr{�an �yrs G �Y a. .ap�lakar MMMlh �.�ik:11[.F. )f.�th }'IM2 iaY `;!f/\% �l /f� F�VG rsim ,the, slate c1f its proper fi�zng. Upon the': dxp > txen rxf the th�7e`�ia~th �3gth} Qayr` uniess '�h8 a�+�rli�ari� �equeste� att� is �zar��e e �easoltiable extension rsf time, the appla�:ant sha�.l beupermx�tgs� begin c�p¢xatang the b�tdit�ea� £or w# ielx the. permit is sau$ht�,�unl�s antf unt>_1 the caty 3nanager notfil�s the a�rp].s.c�rit £y e cede of the appliction aid state ` the reasdn00} a>w, a B. the l eeuneil shall hear and determine all faets and evidenee relevant te the nature and leeatien of the prepesed adu4�t entertainment establishment and the eharaeter, - putty ^- and mer-a-1 ef sueh adult entertainment establishment. (Gr-d. 3:74; 1 (part) 1984+ ee»e 'llhe oit manExger nme " shall grant an application` for an" adult er er ittairit a§tab'1` shment permit if it tessr shet finds and determines all of the following: 1. A. The traffle generated by the proposed use will met impese a greater burden upen the streets and highways in the area than similar use in the area� b. The conduct of the adult entertainment establishment, as proposed by the applicant, if permitted, will comply with all applicable laws, including but not limited to the City's building, zoning and health regulations; 2. E The applicant has not knowingly made any false, misleading or fraudulent statements of fact in the permit application, or any other document required by the City in conjunction therewith; if the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 3 . B,r The applicant or any other person who will be directly engaged in the management and operation of the place of the adult entertainment establishment: RWH58112 -2 0- a. Has not done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself, herself or another, or substantially injure another, or b. z1— Has not been convicted of any er-lffie pswi3mn� :i9VGt. A "conviction" shall mean a plea or verdict'.....of,,."""gui'lty"''or conviction following a plea of nolo contenders, unless the conviction was so remote in time as to indicate that the applicant has been rehabilitated, or the applicant has presented evidence to the chief of police which shows to the satisfaction of the chief of police that the applicant has been rehabilitated, i. a: The act or crime referred to in subsection 9-1 Y-.1 or D-2 61, hereinabove must be substantially related to the "qualifications', functions or duties of a person engaged in the business or practice of the adult entertainment establishment; C. E: The correct permit fee has been tendered to the City and, in the case of a check or bank draft, honored with payment upon presentation; D. The applicant has not had an adult entertainment establishment or other similar permit denied, revoked or suspended by the City or any other state or local agency within five years prior to the date of the application; E. G,- The applicant is not under the age of eighteen years. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; F. H The City may issue a license or permit to any person convicted of any of the crimes described in subsections 9 !er BZ 3t of this section if it finds that such conviction occurred at'"'].east five years prior to the date of the application and the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor convictions for crime mentioned in this section. 5.88.150 Denial, suspension, revocation of permit. After notice and hearing pursuant to the procedures provided herein the `_`y=__ ' � t C� ty, lanagz wM ..w shall deny, suspend or revoke any'G permit' applied 'for, or issued' under this chapter, if tAgs finds and determines that: A. The business as conducted by permittee, its agent(s) or employee(s) , or any person(s) connected or associated with the permittee as general partner, limited partner, director, officer, RWH58112 -21- stockholder owning not less than ten percent of the stock of the corporation, general manager or other person(s) , who is exercising managerial authority of, or on behalf of permittee acting under the authority of such permit, does not comply with all applicable laws, including but not limited to the City's building, zoning and health regulations; or B. Permittee, its agents or employee(s) , or any person connected or associated with the permittee as general partner, limited partner, director, officer, stockholder owning not less than ten percent of the stock of the corporation or general manager or other person(s) , who is exercising managerial authority of, or on behalf of permittee, acting under the authority of such permit, has: 1. Knowingly procured such permit by false statements, representations or nondisclosure of a material fact when such fact would have constituted good cause for denying the application for such permit or any document required by the City in conjunction therewith, or 2. Ceased to meet any of the requirements for issuance of a permit, or 3 . Failed to enforce any of the regulations set forth in this chapter or to cooperate with the police department by promptly reporting any fight, brawl or other unlawful activities occurring on the premises, or 4. Done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself, herself or another, or substantially injure another, or 5. Been convicted of a errime": X.'gpggDj , :.;:.✓ ..Rfnq>C:^v/."nyp.'6. "Conviction" shall mean a plea or verdict""of""guq i:lty"or conviction following a plea of nolo contendere, unless the conviction was so remote in time as to indicate that the applicant has been rehabilitated, or such individual has presented evidence to the chief of police which shows to the satisfaction of the chief of police that the individual has been rehabilitated, 6. Such denial may be made only if the act or crime referred to in subsection B 4 or B 5 hereinabove must be substantially related to the qualifications, functions or duties of a person engaged in the business or practice of an adult entertainment establishment; C. The premises for which the permit was issued is being operated in an illegal or disorderly manner, or D. Noise from the establishment for which the permit was issued interferes with the peace and quiet of the neighborhood. RWH58112 -2 2- 5.88.160 Approval. The eity eemneil shall aet to approve or deny an appileaties for a permit under this ehapter within a reasonable period of time and4n as event shall the sity aeuseil aet later than ninety days Erma date that the applisatieft was aGeepted by the eitylo a eemplianes department. 5.88. Inspection required. The City police shall from time to time make inspection of each adult entertainment establishment for the purposes of determining that the provisions of this chapter are fully complied with. It is unlawful for any permittee to fail to allow such inspection officer access to the premises or hinder such officer in any manner. 5 as 3; ; 1';.a.' violation -- penalties. Any person violating any of the provisions, or failing to comply with any of the requirements, of this chapter shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not to exceed five hundred dollars, or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense. 5.so.1;9". Other remedies. The provisions of Sections `. 8J 88.130 and 5-88z299 5:08.., < .1? ! of this chapter are to be construed as`"added remedies and ..:...:........ .......... riot "in"`conflict or derogation of any other actions or proceedings or remedies otherwise provided by law. 5 88 2 Conducting business as a nuisance. Any adult entertainment establishment operated, conducted or maintained contrary to the provisions of this chapter shall be and the same is declared to be unlawful and a public nuisance, and the City attorney may, in addition to or in lieu of prosecuting a criminal action, in accordance with Title 1 of this code, commence an action(s) or proceeding(s) for the abatement, removal or enjoinment thereof, in the manner provided by law; and shall take such other steps and shall apply to such court(s) as may have jurisdiction to grant such relief as will abate or remove such businesses and restrain and enjoin any person from operating, con- ducting or maintaining a--�assacie yin aelult er� rte} establishment, , eseert contrary to the provisions of this Chapter. RWH58112 -2 3- 5r88T2�s a1tt! Sale or transfer or change of location. Upon sale, transfer or relocation of an adult entertainment establishment, the permit therefor shall be null and void unless approved as provided in Section `moo - 6; provided, however, that upon the death or incapacity of tee permittee, heir or devisee of a deceased permittee, or any guardian of an heir or devisee of a deceased permittee, may continue the adult enter- tainment establishment for a reasonable period of time not to exceed sixty days to allow for an orderly transfer of the- permit. .............................. '� "" 5_<96.4�#6 Transfer of permit. No permit shall be transferable except with the consent of the city manager eeuneil. An application for such transfer shall be in writing and shall be accompanied by fees prescribed in Section 5.88.030. The written application for such transfer shall contain the same information as requested herein for initial application for the permit. Tt�equlations;pertaainq tgreshibtion of s®xully esplict fide or v6eas lUt V] 80 bAgZAB . M A. A pe�sc�zx tvtz{t apexStes o� mouses tq be operated a8C ddt� entertainment eatabl�.shmentf other than si adult. �aote], or hotdl>an rezdless 'cif wksethe� oY kt!Dt S germi.t hhS taeea ' isar�ed tq'� sa3�d busissess under this 4hagter� whigh Qxtiit �,ts Qn:: tb:� pzem�,sea i��t uiewinq �roasq �tf less than ate hu�rdred ftty (i�0j squttrefeet a� �lanr' apace, a 'film, :video :Cassette r�r ot�tser `r3dgo �x�p�oduc��,r�rf whC!'s GI��'i�iL"t�t s�eci�iea se�cu�.�. ectu,iti�� 4l" speciPied'�en�tam3cal ar�asK shall, comply with the foll�sw�,ng rec,�uirements• ,.`""" "<.`"" " �. C7ptsn aggl�.esticsn : �©r �;a� adult eiterta�nmeni� esta�lfsh�nent p�ez�isitr r„he �pplic�tiar� ahell ba aaaamga�ssi�d; b� +3lagram of the grem�ses sh©�rir�g a p7,�n thez�o� spec.��yi.�tq �he� la�akion�':r�� asxe or mare manager4s = statia�ns, tkie 1ac�tions�oErat3s ouerhead..� lzght�ng fixtures and designating anir p�rrt�.on Af� tees �rm,ises ��.n wh�.ah patroxss tirill note be per�nit�e�. A m�rt�ge�� statrsn may as : exceed tharty�twc :( squareeCt c� lcar area; The e�iagx�sm sha�.l alecs designate the p�.ACe st w#�i �tEs3s ` r .............t will c4nspcu9usly pasted, granted T� preess�aally prepared da�xgr�m in the nature a��,en er`sgxneeris a:� �srahiteu��� bl�zeprint shall` nsst be rewired; however; each' d�.agram should lxe ari.ented„ta tha; nartYs:`ar to Eka�se designstec� street ar ab�e�t,°and should be drawn to a designated. scale- with marked dimersic�ns euf�,i�ient tcs ahaw the �r�r�.rixs internal c�ixiens �n a� ell �YeSs,6 the intex�.flr a� the premises to axi aCcuraC�r at plus or mitsus � �8 ftxa�Zas. The pity ar its desaigrsee� � waive the ;faregai diagramc renewal applicat3©ns,i the applicant adages a dagr that was pxevaausly ssbfn3tteci astd certifies that C seantquriari Af,`'th�r gret��,ses; has net beSn altered since it Bias prepared �" RWH58112 -2 4- 7 l'tte applicatian shah be svrfln tp be true ans erect 3y the a alcartt,'" 3. 31A aiteratian an ttte canigurat art ar �€sa#zit ....a a£ managers statAn mad be n!ade wsthau the ..... . bl^..; C dearness �. t is the duty aiF the aw e s x s. . rsp�ret r r pxemxses to unsure that a J east Ane employe �s, an d'ty sang eituated �tt eac� managez i a :��at�.a�k at a1�: tunes`that at�y par.�an.,.� The intera,ax AF �.he premises shall ate �Qn�ic,�ured""iA surrh a manner Chat there i� an unabskrc�cted �r3ew �rn� a �ian�zger' station of every area of the premises to witch arty ,patrrsn is percmittcd acaee�+ �#z any pu�pases �4�CC�.LIdi�'x1#����� CTCAFI3 R�6C�Ct�JIC� ncr� �antain, video.`repradu�ion;equipment, SF thQ pre�ttses had '�Wt7 ar= Yltfi7�`e �nana�ger°e. statiais ilea 3�g�Sated; then Che $.n+C21*iYf7G`.#3�_'C11� premises sha1�, be conf�,gured in such a manner that"�thers is as hn�abattuc't+�d v�efia a� each az�a' aF 'the pr�tniaee to �rh� h any patrcri �s perms:tted> acoess £Qr aty purp�ser Prom at "Least. one of the �ranagerne �tat�ans. the viet� requix-ed �n th�.s sttbaecC.ian Must. be #y diretrt Il.rte �sF si.ght Fran the managers stafi;ion..r .'" G It s�#a�.l be the du�Ey a�` the owners and rsper'ator� an"rI ftaha�>�.aSaa Sae the :duty of any ager►ts and empiayees present a the premises to insure that. the vzew area specxPied in $uhsect�,on 5 �emai�Se un#bszru#te� ,by any dc�aret �ta�:�s, mer#�an ,se,`'disp3.a Wanks ar ;othertaeraLs at all t�dies and try Fxhure that na pata i:a per�titted aeuees to any urea tr£ the preim�ses which has been da�`igtxatad a� art area,in which patrdns sr� �, �►at be pe �tted"`�n�h app iaat an FiledApursuant to 5ubssataon l aF this seetinn; "` H. 7 w No uieu 2 . r4#m nay be aeau ed by` made sthar esan a n Ane premises shajl be ecusppar at r�v4zhear -h�k3.xtq_ i turee o£ su££iaient a nt ne�ty to iiluraina a reris;pia#e to; which patrons are permYtted access and any illumsnat�.or� aF ttri isms thaw eeven. arld;,nne ha1.f (7.5) . cant c������s um��sured�, a..t� khie 4 it�stiall be thQ duty of this �awnaxs and opezat art i�;:shad 'alea toe the. duty �� az�y` agents end ettp�.aye�a pre:;seis� au thei premises to insure that: tk�e �lLuminatian described above is ntatntaizaed �t a�.i t�m�s thati, any patron �s pr�serxt c,n Che premf„sus xo, zt e�a�� ise ��� duty;a£ the. axar�ers an+� apeza�arr a`nc� every person �h; �har�� o� tfe business premisesf, and. the du�X<Q Wxt any agente and empiayees present a�a the premises to �aa�nte.an th° ,wal is or 'partitflns btyreen booths in a©d re air` at a q . p Il timed. w�� na aces kietweezc any tea booths such as �rauld a�iawr �r3e�t3.nc From one booth into another qr such,;as t© allow physical rnntact aF any ixtd f�etweext the + #cupants ni' any two sixth boc�ths;3 pre�t,RWH58112 -25- h+awev�sxr; that iF the 2GonFiguratgn ap�sroved bir"`'�h�a,?4''�4t�r ax" its des�.gne�: pex�nts au . a�aena.x�g between the Floor ark the �ot�o portic� :oF and such ;waYl r�r partition;; it sY►a1Y be suf� olent City, �,s maintained �.n gcod eond�.t3.o�rt and repa3s, wit2out, b� eS oX o�laer openings in such aa1i, ar paxtitaran t�h�.ch wti�uld p�r�nit u��ewir�g or �Shys �al contact bet�raen^ occupants oPN as3�acentrbcelttis,,<'. 31 �t shalt be the duty of theKowners and aperatar� and +�� e�rery persa� i.n rb�arge c�F the businsss,pre�tises,;a'ud Ilse,duty a any agents anrl; employees, �o �Srevent customers nor u�sxtaxs Fr��a laS.terS.rigr staz�di�g -�d�.y �iy Yn tk�e tri�.i�xzty` ;oaf a�#� sU��,.�t�etd� bcothsr or From remain�.ng .n the: common area.' of soots �bus�,ness,£ rather tt�a�s the restroams� t�tso are nct :then aotively ersgaged �.ri sh'o�sping For er uieFring the products aua3.lat%Ie an _d�.splay f�� pu�^chac�s.cx vie�ring� ��� such o�rne�sr r�pe�at�rs,: persons ib +cksarge€< and theme agents and empYoy�es shall boos; ttim duty to; hairs hosted azdl kelp pasted ixs prp�inent p�aCes �.� ;atsd neat the vic�ea booty sa;gns prr�ts�.b�;�ing loitering, and shall respo#��it�le , edforoett►ers� of suoh ptahibfki�ns. " .: , ��. the ov�xsez-s, �aperatc€r arsd every pereon,�3.nt"o�azga e t�fe busi�sess txremises steal]. #� r+ssponsbl$ For ma�ntaini#xg the ��pCrSy .:"�SakS,' �a�xs. and other �:YYte7,"if� par�3one `�i` all victei booths Bean and Free:: From waste and bodily S�cretian� PreSsn�;a +cf hu>�azx'excrement r wine� #emets a� Sal�.Ya an any suct'x bddth.:snail be evidence aF i�aproper :maintenance ;and irsadeetuat� sanitary, oe>ntrols� repeated instances of'! such: agzsda.�ions taay �usti suspension or revocation rsFthe owners and o} ratox's license to esnduct the atiAJt ix entertaxmerst efiatkishule�lt, w ...... .,. ., it s# al be unlawful axst a person naviug a duty tuydeY .......... 88 2Ci0A ccr7nxats a misdemeanor iF..,hit QrI7�e kncswn7y Fails t it7£i1 that duty. . .$s. i4., aurs of operation.: � �� shah. be. unlawful and. a person coapnits a; m"�s�®�edsio �.�; ho or she.: operates cir causes to bell aperatad azs .'.adult entertainment estabYishment, regari�.®ss ttiF whether'or not a permit had beers 3ssued For �a�.d business;;3ander ;th�.e Gtsaptex; andr�l�o�za such busin�rss to remain � For busrsess, "cx '�cs permit are employee etc ex►gage in�a, perarmanoe� sol.x�it a perFcrm�xsae, made a ]s�a�lye,y/ �soy7.foityy.`+usµ e/ay�.�e^ prycu{;��dey a servicey,� �sxy� ;:.ayo� y�� y�ahs{ay .�e; kaetwrae�s Yh VK88 V L��� &l N♦ iin A � S�t Y owls an, �aiF�wOular, *am �. It shall be unlawfttr and a person commits;�s;; nis°�.e�neasso �.F:i worS��nc,� as a7z emirZayee of an adtiilt entsrtainxpent establishment,' 3Ce±�a7Cdless aF �rhethet or rsvt a psrntft,,has been Issued nor sa�:d t�usiness : under this Cha�texr said < empY�sy�e ` engages �zs pe�i�axmaFioa, salioits a gerFcrawncer ma�ee a sale, eol3ca,ks a3�al�el� prs�u�.des a ssruce, o� solic�lts a servicebetween tzl�s hou�sto� 1+OQ a..7a. and'' s:f�#� ..m.F e£ any patcu o.r ,cayt RWH58112 -26- 588.2�1f! �x�ohibitici� of distribution of'"se$stsll�*£Qe :ant da®a: A. It L1Y3 sWfi GY 2t I$�t? f8s tp $5 9C...b�tf#* 1 t....... ;t7 �`cir sdl� and .'devxs, instrument, o� p�raiahern,��.ia .desig��d"ar �tiar�#tt�d pxi�a7�ily �t�x natal �ti�hui�tiot� �xr, far sadcrmS�aS.����' uses ar '&base a�` themselwes or others . 8 �uoh t�eYlGi3sr lnstrumente`o�` paraphe�nalra �nalude � are. nab 1L�ited to .phxlli;� ahaped v3b�atax�� diltlti�;� �'az�las � wasps, ehainsr -bather restraints, kBCkSf ncrn» ed�o$1neiva kats�t baby piexGing �.utpleufente {exG7.txd�.�tg a�rringa ar other �aGx>xatfwa �ewe�.r or other angle o� sadomas�schistsc abuse,£ : `` """.` .,� m.F.. � Bs:�3D; 'Pttlsl:S;tt rtudf�p at,,;x.�xr].'�: en�erS.rimat eatablisb��nro�„� e 3� �lxo nudity �:s laxohl.bited.: at adu�t� �tr�fiextaint estalxli:�hmetxts� wr�Gt�zex ar riot al#ahal�.# �e'Ve�`ees �rre ;;salc��. �gzrre+� or'c©resumed can the premsses luny adult entertainment establishi4ent faut�d t# �Sev� 'vala'ke+� this S�Gt�.#ri �he��, hau� ate perni��'su�sez�cied or: re�okGr1� '1'he prouissons of this section shall ntsh apply to a ;3�!;vated to th�atrical�paxFnrmanGes, as pra�ridad for by' �a13�orn Ga3sfornia penal bode, relating to lewBFpublsc nudity specifioally applia t# sdlt erierte3i�nfent 'eetab sunert r(regarias aid Whether err rent a permit has; been issued. to sad, businesses. Fundy < this Gh�ptar�{_ in#l�x�iing e�id busix�asaea avan if na aleahal.i� beverages are sold, served ,or consumed ,>at the` pretnisss' of ea3, bltsi23e£;Ssf3t ptiYstiaYtt ira Giif#xnaaaia #ale 318.5JfxdrS.&zt prosecution for violations shall be. maintasned under�the .penal. �od r the ap xapx ate arsfara�mant a fiGxals severance clause. If any section, subsection, subpart or provision of this chapter or the application thereof to any person, property or circumstance is held invalid, the remainder of the chapter and the application of such to other persons, properties or circumstances shall not be affected thereby. RWH58112 -27- PASSED, APPROVED AND ADOPTED this day of 1994, by the City Council of the City of Palm Desert, California, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: S. ROY WILSON, Mayor City of Palm Desert, California ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California RWH58112 -2 8- N o� U . a k] )X11 OMYYYD b° tl31N)'J xtl0e 2 Nl bn]M]bG]tl141 O � V � -i1Y1N-.IG Y� 11WI1 A113 183SM Wltld YL/) \ \ J CL C0 14 r f•���T\�%i r aye �/ ♦ ryrJ �/ Y1 i a �. I Laarla Mooe Cl 7Trl I y x � / H O 1llY1S °YOJfIYJ 1 l))tlli ]IU � O i Y CC - 11 u nanr, in r / W 2 � 1 AYM )lYSodYoo C A)YOnt NMI I Z LO P I �f w Q d - - -- -- --- ` aYOY 133l9)Y --- oYOY 2534.010 Chapter 2534 J. Completely screened vehicle service and storage facilities; SI SERVICE INDUSTRIAL DISTRICT K Warehouse or storage facilities, L The planning commission-may, by resolution, Sections: permit other uses which are similar and no more objec- 2534.010 Purpose. tionable than those enumerated in this section. (Ord. 2534.020 Permitted uses. 96§I(part), 1975:Exhibit A§25.20-2) 2534.030 Conditional uses. 2534.040 Accessory uses. 2534.030 Conditional uses. 2534.050 Prohibited uses. The following uses shall be permitted subject to a 2534.060 Provisions for site plan review. conditional use permit: 2534.070 Lot specifications. A. All service industrial uses located within a re- 2534.080 Yards. development project area, limited to completely 2534.090 Building height. screened,open yard,vehicle storage areas; 2534.100 Off-street parking and loading B. Industrial planned unit developments (DUDS). requirements. (Ord.162§2,1977:Exhibit A$25.20-3) 2534.110 Utilities. 2534.120 Trash handling. 2534.040 Accessory uses. 2534.130 Signs 2534.140 Access. The following accessory uses shall be permitted: 2534.10 Outside storage A. Accessory structures and uses located on the 50 Required landscaping. same site as a permitted or conditional use; 2534.1 2534.160 Perimeter screening B. Incidental services for employees on a site occau- 2534.180 Special standards pied by a permitted or conditional use; C. Watchman's or caretaker's living quarters only 3534:010 Purpose when incidental to and on the same site as a permitted The intent and purpose of the service industrial or conditional use.(Ord 96$1(part),1975:Exhibit A ) district is to allow for the manufacture,distribution and § service thereof of products intended for local usage within Palm Desert, its sphere of influence and sur- 2534.050 Prohibited uses. roumdingeove communities.Industrialism of any larger The following are prohibited uses in any SI district: magnitude would not be in keeping with the intended A. Dwelling units; residential,resort, recreational character of the com- B. Other uses and structures which the director of murnity, and therefore would not be permitted. (Ord. environmental services determines do not fail within 96§1(part),1975:Exhibit A$25.20-1) the intent and purpose of this district; C. Any permitted use set forth in Section 2534.020, 2534.020 Permitted uses, and any conditional uses as set forth in Section The following uses shall be permitted: 25.34.030,or any accessory uses as set forth in Section A. Equipment maintenance and storage facilities; 2534.040 when such parcel contains any hillside area B. Maintenance facilities (bulk laundering,janito- as set forth in Section 2532.020. (Ord.428§2(part), rial,etc.); 1985;Ord."96§I(part),1975:Exhibit A§25.20-5) C. Morttraries; D. Pest control facilities; 2534.060 Provisions for site plan review. E. Preparation of foodstuffs (no processing) e.g„ Ali developments shall comply with the require- baking,bottling,etc.; mean for site plan review as prescribed in Chapter F. Production of home and office decor accessories; 25.70.(Ord.96§1 (part),1975:Exhibit A§25.20-6) G. Public utility and public service facilities; H. Support facilities for local construction,renova- tion and installation of related equipment; 2534.070 Lot specifications. L Uses customarily related to any of the uses listed The minimum lot area shall be twenty thousand in this section; square feet. 396 25.34.070 f The minimum lot depth shall be one hundred feet 2534.150 Outside storage. The minimum lot width shall be one hundred feet No outside storage shall exceed the height of actual (Ord. % § 1 (part), 1975: Exhibit A §§ 2520-7.01— perimeter screening.(Ord.96§1(part),1975:Exhibit 25.20-7.03) A§2520-7.13) 2534.080 Yards. 2534.160 Required landscaping. The minimum front yard shall be twenty feet landscaping within required setback adjacent to There is no minimum interior side or rear setback public rights-of-way shall be provided and maintained, except when adjacent to or across the street from resi- subject to the following conditions: dentially zoned property, the rear minimum setback A. A distinct demarcation between asphalt paving shall be twenty-five feet and the minimum interior side and landscaped area shall be provided through the use setback shall be ten feet of maintained tort maintained aggregate, or other Minimum street side setback shall be ten feet(Ord. means of landscaping(plantings,rock walls,etc.). 320(part),1982.Ord.96§1(part),1975:Exhibit A§$ B. At least one third of the total landscaped area 2520-7.04-2520-7.06) will be in vegetation. 2534.090 Bail height C• Being(undulating or embanked)shall be re- ding quired with a minimum variation of elevation being The maximum building height shall be thirty feet,or two stories,whichever is less.(Ord.96§1(part),1975: thirty manes Exhibit A$2520-7.07) D. An automatic underground sprinkler system for landscaped area shall be provided. par king rking and loading E. No other usage or storage is permitted within 2534.100 O required landscaped area. (Ord. 96 § 1 (part), 1975: -requtrr et pa Exhibit A§2520 7.14) All parking and loading shall comply with the pro- visions of Chapter 2558. (Ord. 96 § 1 (part), 1975: 2534.170 Perimeter screening. Exhibit A§2520-7.08) All developineats shall be screened according to one 2534110 Utilities. of the following alternatives: For provisions regarding utilities, see Section A. A masonry'wall at a minimum height between 25 For p.(Ord.96$regarding utilities, Exhibit A§Section five and seven feet shall be provided along all property 7 .5 lines except those adjacent to public rights-of-way, in which case a setback of twenty feet will be maintained. 2534.120 Trash handling. B. A dense hedge row at a minimum height of seven AtrashencTrashhandlilosurewillbe rovidedforalluses,unless feet shallbe provided along all property lines except for the proposed location of the trash area is completely those adjacent to public rill be maintained in which case a enclosed by walls or buildings.The freestanding trash setback of twenty feet will be maintained (common enclosure shall be constructed of masonry block. No perimeter screening between adjoining properties is trash shall be allowed to extend above or beyond the allowable upon mutual consent of the respective own- enclosure.(Ord.96§1(part),1975:Exhibit A§2520- ers). Planting materials used for perimeter screening 7.10) shall be the type which shall,within eighteen months after property development, provide the intended 2534.130 Signs. screening effect All signs shall be in compliance with Chapter 25.68. C. Perimeter screening will not be required if (Ord.96§1(part), 1975:Exhibit A§2520-7.11) deemed unnecessary by the design review board,based upon their approval of submitted development and 2534.140 Access landscapingphmswhich establish to its satisfaction that A maximum of two entrances per property will be attractive development will occur in keeping with the allowed subject to their conformance with acceptable intended residential/resort/recreational nature of the circulationpatterns and traffic-control measures.(Ord. community (Ord. 96 § 1 (part), 1975: Exhibit A § %§ 1 (part),1975:Exhibit A§25.20-7.12) 25.20-7.15) 397 2534.180 2534.180 Special standards. as measured at the lot lines of the use shall be prohib- A. Sound shall be muffled so as not to become ited. Shock absorbers or similar mounting shall be objectionable due to intermittence,beat frequency or allowed which will reduce vibration below.003 of one shrillness.The measurements of sound shall be mea- inch as measured at the lot lines. sured at the lot fines and shall be measured to decibels D. Glare and heat from any source shall not be with a sound level meter and associated octave band produced beyond the lot lines of the use. filter,manufactured according to standards prescribed E. Storage of refuse,trash,rubbish or other waste by the American Standards Association Maximum material outside a permanent building shall be kept in permissible sound pressure levels shall comply with the enclosed containers,in areas other than the front and following standards: side yards. The maximum sound pressure level in decibels shall F. Lighting, including spotlights, floodlights, elec- be 0.002 dynes per square centimeter. trical reflectors and other means of illumination for signs, structures, landscaping, parking areas, loading and unloading areas and the like shall be focused, Adjacent directed,and so arranged as to prevent glare or direct Residential illumination on streets or adjoining property. Octave Band in District Lot Line of Use G. Unless specific additional uses are permitted by Cycles-Second Boundaries in the SI Zone the certificate of occupancy the use of radioactive ma- 0— 75 72 79 terials within the SI district shall be limited to measur- 75— 150 59 74 ing,gauging and calibration devices,as tracer elements, 150— 300 52 66 in X-ray and like apparatus,and in connection with the processing and preservation of foods.In no event shall 300— 600 46 59 radioactivity, when measured at each lot line be in 600—1200 42 53 excess of 2.7 X 10-11 microcuries per milliliter of air at 1200—2400 39 47 any moment of time. ,2400—4800 34 41 H. Electrical and electronic devices and equipment Above 4800 32 39 shall be suitably wired,shielded and controlled so that in operation they shall not,beyond the lot lines,emit any electrical impulses or waves which will adversely B. Toxic gases or matter shall not be emitted which affect the operation and control of any other electrical can cause any damage to health,to animals or vegeta- or electronic devices and equipment. (Ord. 96 § 1 tion,or other forms of property,orwhich can cause any (part),1975:Exhibit A§25.20-7.16) excessive soiling beyond the lot lines of the use. C. Vibration from any machine, operation or pro- cess which can cause a displacement of.003 of one inch 398 LAW OFFICES OF BEST, BEST S KRIEGL October 4, 1994 MEMORANDUM TO: Steve Smith, Planning Department City of Palm Desert FROM: Marshall S. Rudolph, Deputy City Attorne*r)'� RE: Adult Businesses in City -- Citation Steve: You asked for a citation of legal authority stating that a city must allow "adult" businesses to operate in at least one location in the city. The primary authority on point is a Supreme Court case entitled City of Renton v. Playtime Theater, Inc. , 475 U. S. 41 (1986) . In Renton, the Court considered a First Amendment challenge to a local zoning ordinance that limited the location of adult businesses to only a small area of the city, but did not prohibit them altogether. The Court upheld the ordinance, stating that 11 [i]n our view, the First Amendment requires only that Renton refrain from effectively denying respondents [adult businesses] a reasonable opportunity to open and operate an adult theater within the city. " 475 U. S. at 54. Because the ordinance left 520 acres or more than 5% of the entire land area of Renton available for "adult" uses, the Court concluded that it fulfilled this requirement. If you have any further questions, please give me a call. cc: Dave Erwin, City Attorney MSR57988 SENT BY: 10- 4-04 ; 2:24PN BEST. BEST.& K?1EGER- 2417098,E 2/ 2 LAW Orriers OF BEST, BEST & KRIEGEri October 4, 1994 RECEIVED MENORAMDUM OCT - 4 1994 COMMUMI�OF ALME EbI UESENIAATM TO: Steve Smith, Planning Department City of Palm Desert FROM: Marshall S. Rudolph, Deputy city Attorneyn)el, RE; Adult Businesses in City -- Citation Steve: You asked for a citation of legal authority stating that a city must allow "adult" businesses to operate in at least one location in the city. The primary authority on point is a Supreme Court case entitled City of Renton..v. Playtime Theater. Inc. , 475 U.S. 41 (1986) . In Renton, the Court considered a First Amendment challenge to a local zoning ordinance that limited the location of adult businesses to only a small area of the city, but did not prohibit them altogether. The Court upheld the ordinance, stating that " [i]n our view, the First Amendment requires only that Renton refrain from effectively denying respondents [adult businesses] a reasonable opportunity to open and operate an adult theater within the city." 475 U.S. at 54. Because Lhe ordinance left 520 acres or more than 5% of the entire land area or Renton available for "adult" uses, the Court concluded that it fulfilled this requirement. If you have any further questions, please give me a call. cc: Dave Erwin, City Attorney M8t5t9SB LAW OFFICES OF � BEST, BEST S KRIEG.__3 . `►! 8, 1994 4 ✓J 6EP 12 1Q94 MEMORANDUM COMMUNtEy DEVELOPMENT UEPARIMEM CH Of PALM DESERT n � H C/) rTl TO: Ray Diaz, Director of Community Development o -v Wayne Ramsey, Acting Dir ctor of Code Enforcement ro m City of Palm Desert _m FROM: Robert W. Hargreav ty City Attorney o 3 m RE: Update of Adult Entertainment Ordinance c; File No. 72500. 0086 rn N We are currently in the process of updating Palm Desert's regulation of adult entertainment establishments. The purpose of the update is to tighten up the regulation of such businesses, to conform to recent legal requirements with respect to such regulation, and to provide the necessary background studies to substantiate the need for such regulation, should it be judicially challenged. The City of Palm Desert currently has in place chapter 5.88 of the Municipal Code ("Operation of Adult Entertainment Establishments") and chapter 5.86 ("Massage Establishment, Bath House, Escort Bureau and Introductory Service") . Both chapters were adopted in 1984 . Copies of those chapters are provided for your convenience. A model "Sexually Oriented Business" ("SOB") ordinance has been developed by anti-pornography groups to provide the strictest possible regulation of such businesses in conformance with current legal standards. The model SOB ordinance has been adopted, with minor variations, by Cathedral City, Rancho Mirage and Indian Wells, as well as a number of cities in California and other states. It is currently under consideration in Coachella and Palm Springs. The model ordinance has withstood legal challenges in several jurisdictions. I have enclosed the Indio version of the model ordinance for your review. In updating its regulation of sexually oriented businesses, the City of Palm Desert should consider two alternatives: (1) adopt the model ordinance; or (2) amend its current ordinances to incorporate the up-to-date aspects of the model ordinance. It is our suggestion that the second approach be pursued for the reasons discussed below. Adoption of the model ordinance would have the benefit of establishing uniformity among local jurisdictions, which would facilitate enforcement and prevent "jurisdiction-shopping" by prospective operators. The City would also be able to take RWH56743 LAW OFFICES OF BEST, BEST & KRIEG_A advantage of whatever lessons are to be learned from inevitable challenges to the ordinance in other jurisdictions. There are, however, several disadvantages to the model ordinance. In some respects, Palm Desert's current ordinances are more comprehensive than the model ordinance. The City's massage ordinance, chapter 5.86, provides much more comprehensive regulation of massage and escort establishments than the corresponding parts of the model ordinance. The model ordinance does not address bath houses, which are also closely regulated by the model ordinance. The massage ordinance permits massage-type establishments in C-1 or PR zones, while the adult entertainment ordinance allows adult entertainment establishments only in the SI zone, a separation of uses the City may wish to continue. The model ordinance would tend to clump all such establishments in the same zone. Furthermore, the City is familiar with its existing ordinances and their permitting requirements. Therefore, rather than adopt the model ordinance, it may make more sense to amend the City' s current ordinances to include the aspects of the model ordinance that would strengthen them. The following amendments should be considered: 1. Adopt the model ordinance's definitions of "adult bookstore, " "adult cabaret, " "adult motel, " "adult motion picture theater, " "adult theater"; "nude model studio, " "sexual encounter establishment, " "significant or substantial portion, " "nudity, " "semi-nudity, " "sexually oriented businesses" (a/k/a adult entertainment establishments) , and "specified criminal acts. " (See Section 120.02. ) These definitions are more comprehensive and explicit than the corresponding definitions in chapter 5.88. Courts prefer that this type of ordinance contain as little ambiguity as possible. 2. Amend the application process to have the City Manager, or his or her designee, issue the permit. Currently, chapter 5.88 requires a hearing and final action by the City Council. (Section 5. 88. 120 - 5.88. 150. ) Under the case law, the City Council would have very little, if any, discretion to deny a permit if all the requirements for its issuance are met. Therefore, it is better to have the City Manager, or perhaps the Director of Planning, make the permitting decision rather than embarrass the City Council by requiring it to approve such businesses. For the same reason, the requirement of public notice and a public hearing should be eliminated. (These changes should also probably be made in the massage ordinance, chapter 5.86. ) 3 . The application process should be amended to narrow the crime reporting requirement (5.88. 090(A) (2) (7) ) to only crimes related to sexual offenses (see "Specified Criminal Acts, " 120.02 (q) ) as the courts have frowned upon the denial of permits for conviction of unrelated or remote crimes. RWH56743 -2- LAW OFFICES OF BEST, BEST 6 KRIEG_.R 4. The application process should add requirements for: (1) a sketch of the premises (120.03 (e) (11) ) ; (2) an "area" drawing that depicts the relevant locational factors (120.03 (e) (12) ) ; and (3) a continuing duty to .update the application (120.03 (f) ) . 5. The more detailed sections of the model ordinance with respect to the issuance (120. 05) , suspension (120.09) , and revocation (120. 10) of the permit should be adopted as courts prefer that such processes be explicitly stated to. avoid ambiguities that might provide opportunities for the exercise of undue discretion by the permitting authority. 6. The model ordinance's comprehensive regulation of the exhibition of sexually explicit films or videos should also be adopted. (See Section 120. 13 . ) The core requirement of this section is that video-viewing stalls not have doors so that activity within the stalls can be closely monitored to prevent sexual contact that may promote disease or criminal activity. 7. The model ordinance's prohibition regarding minors should be adopted to more tightly regulate the exposure of minors to such establishments. (See Section 120. 14 . ) 8. The regulations regarding hours of operations may also be adopted. (See Section 120. 16. ) 9. Provisions regarding the sale of deviant devices (see Section 120. 19) can be adopted to prohibit the sale of such devices that represent a health hazard to thelcitizens. 10. Public nudity can be explicitly banned by adopting a section like Section 120.20. Public nudity is currently prohibited by State law in establishments that sell alcoholic beverages. This section would extend that prohibition to establishments that do not sell alcoholic beverages. The U. S. Supreme Court has indicated that such a prohibition of public nudity may be enforceable under some states' laws. Though there is no definitive decision in California, in our opinion such a ban would be enforceable. After you have had an opportunity to review this memorandum, we may wish to schedule a meeting to discuss any concerns and comments. I have taken the liberty of forwarding a copy of this material to Karen Holgate, Executive Director of H.O.P.E. , a local organization that promotes strict regulation of adult entertainment establishments. Ms. Holgate .is well-informed regarding the law pertaining to the regulation of adult entertainment establishments and is familiar with activities in other communities in that regard. Ms. Holgate has provided us with the model ordinance, as well as numerous background studies. She has been in charge of conducting a telephone survey of Palm Desert residents regarding RWH56743 -3- LAW OFFICES OF BEST, BEST 6 KRIE( _-A adult entertainment, and will tabulate responses to the surveys sent to local business persons. I suggest that we invite Ms. Holgate to any meeting as she is a valuable community resource. Please call if you have any questions or comments. RWH:js Encs. cc: Bruce Altman, City Manager David J. Erwin, City Attorney Karen Holgate, H.O.P.E. RWH56743 -4 5.86.020 Chapter 5.86 requires, the definitions and provisions contained in this section shall govern the construction,meaning and applica- MASSAGE ESTABLISHMENT, BATHHOUSE, tion of words and phrases used in this chapter. ESCORT BUREAU AND INTRODUCTORY A. "Bathhouse"means any place where there is given SERVICE steam baths,electric light baths,electric rub baths,shower baths,sponge baths,sunbaths,mineral baths,vapor baths, Sections: Russian, Swedish or Turkish baths or any other type of 5.86.020 Definitions. baths,fomentation,alcohol rubs or any other types of rubs 5.36.030 Permits. or giving salt glows or any type of therapy; any public 5.86.040 Location. bathing place which has in connection therewith a steam 5.86.050 Permitted establishments, room, dry hot room, plunge, shower bath or sleeping 5.86.060 Amortization of nonconforming accommodation. uses. B. "City manager"mean the city manager of the city 5.86.070 Operational criteria. of Palm Desert, or his or her designated representative. 5.86.080 , Registration of customers-- C. "Employee"mean any person over eighteen years Records open to inspection. of age other than a massagist or escort, who renders any 5.86.090 Massage parlor or bathhouse and service in connection with the operation of massage busi- persons engaged therein— ness,escort service,introductory service or bathhouse,and Application for massagist's receives compensation from the operator of the business permit. or patrons. 5.86.100 Escort's permit—Application D. "Escort"means any person who,for any consider- therefor. ation whatsoever: . 5.86.110 Massage establishment and 1. Escorts,accompanies or consort with another person bathhouse—Operating to,from or about social affairs, entertainments,places of requirements. public assembly or places of amusement; 5.86.120 Prohibition regarding specified 2. Escorts,accompanies or mason with another person anatomical areas and specified in or about any place of public or private resort or within sexual activities. any private quarters; 5.86.130 Employment of and services _ 3. Escorts,accompanies or consorts with another person rendered to minors prohibited. in or about any business or commercial establishment,or 5.86.140 Exemptions. part or a portion thereof. 5.86.150 Application for permit. B. "Escort bureau" mean any business, agency, or 5.86.160 Renewal of permit self-employed or independent escort who,for any conider- 5.86.170 Investigation. ation whatsoever,furnishes or offers to furnish an escort. 5$6.180 Hearing notice. F. "Introductory services" means a service offered 5.86.190 Procedure of hearing. or performed by any person for any consideration whatsoev- 5.86.200 Findings of hearings. er, the principal purpose of which is to aid person to 5.86.210 Denial, suspension, revocation of become socially acquainted or to otherwise assist persons permit to meet for social purposes,or which service is generally 5.86.220 Approval. known or should be known by the offering or performing 5.86.230 Inspection required. party to be used by the recipient thereof for the purpose 5.86.240 Penalties. of obtaining information about other persons to be used 5.86150 Other remedies, for social purposes. 5.86.260 Conducting a business as a G. "Massage" means any method of pressure on, or nuisance. friction against, or stroking, kneading, rubbing, tapping, 5.86.270 Sale or transfer or change of pounding, vibrating or stimulating the external parts of location, the human body with the hands or mith the aid of any 5.86.280 Transfer of permiL mechanical or electrical apparatus or appliances, with or without supplementary aids such as creams,ointments or 5.86.020 Definitions. other similar preparation commonly used in the practice Unless the particular provision of the context otherwise of massage,under such circumstances that it is reasonably expected that the person to whom the treatment is provided 101 (Palm De 12-91) 5.86.020 or some third person on his or her behalf will pay money excretory functions in the context of sexual relationship, or give any other consideration or any gratuity therefor. and any of the following depicted sexually oriented acts H. "Massage establishment"means any establishment or conduct.-analingus,buggery,coprophagy,coprophilia, having a source of income or compensation derived from cunnilingus, fellatio, necrophilia, pederasty, pedophtlia, the practice of massage as defined in subsection G, and piquefism, sapphism, zooerasty; or which has a fixed place of business where any person,firm, 2. Clearly depicted human genitals in a state of sexual association or corporation engages in•or carries on any stimulation, arousal or tumescense; or of the activities defined as massage in subsection G. 1 3. Use of human or animal masturbation, sodomy, L "Massagist" means any person who, for any oral copulation, coitus, ejaculation; or consideration whatsoever,engages in the practice of mas- 4. Fondling or touching of nude human genitals,pubic sage as defined in subsection G, whether in a massage region, buttocks or female bre�&s ; establishment as defined in subsection H or bathhouse as 5. Masochism, erotic or sexually oriented torture, defined in subsection A. beating or the infliction of pain; or J. "Outcall massage service"means any business,the 6. Erotic or lewd touching,fondling or other contact function of which is to engage in or carry on massages with an animal by a human being; or at a location designated by the customer or client rather 7. Human excretion,urination,menstruation,vaginal than a massage establishment as defined in subsection H or anal irrigation. or bathhouse as defined in subsection A. O. "Specified anatomical areas"means: K "Permittee" means the person to whom a permit 1. Less than completely and opaquely covered human has been issued. genitals, pubic region, buttocks, anus or female breasts L "Police chief" means the chief of the police de- below a point immediately above the top of the areola; partment of the city of Palm Desert,or his or her designated or representative. 2. Human male genitals in a discernibly turgid state, M. A "recognized school" means any school or even if completely and opaquely covered.(Ord.496 § 1, educational institution licensed to do business as a school 1987; Ord. 369 (part), 1984) or educational institution in the state in which it is located, or any school recognized by a national organization whose 5.86.030 Permits, purpose is to upgrade the professionalism of massagists, A. It is unlawful for any person,association,partnership and which has for its purpose the teaching of the theory, or corporation to engage in,conduct,carry on,or to permit method, profession, or work of massage, which school to be engaged in,conducted,or carried on,in or upon any requires a resident course of study not less than five hundred premises within the city,the bu�of a massage estab- hours before the student shall be furnished with a diploma lishment,bathhouse,escort bureau or introductory service or certificate of graduation from such school or institution as defined in this chapter, without possessing a permit of learning following the successful completion of such issued pursuant to the provisions of this chapter for each course of study or learning. and every separate office or place of business conducted As an option to having the required five hundred hours by the above.The permit fee required hereby shall be in of training, the applicant has the option of either. . addition to any other license,permit or fee required under 1. Membership in a national organization which any of the provisions of this code. requires at least three hundred hours of study and must B. Neither the filing of an application for the permit, provide proof of continuing education of at least twenty-four nor payment of any other license, permit or fee required hours annually until the required five hundred hours of under any other provision of this code,shall authorize the training is completed; or engaging in, conducting or carrying on of a massage 2. One hundred hours of study and passing the county establishment, bathhouse, escort bureau or introductory of Riverside massage license examination,and must provide service. proof of continuing education of at least twenty-four hours C. The application fee for a massage establishment, annually until the required five hundred hours of training bathhouse, escort bureau or introductory service permit is completed. shall be five hundred dollars and the application fee for N. "Specified sexual activities" means: an escort's permit and massagist's permit for each escort I. Actual or simulated sexual intercourse,oral copula- or massagist employed therein shall be one hundred dollars tion,anal intercourse,oral anal intercourse,bestiality,direct and is nonrefundable and shall be used to defray the cost ph sly cal stimulation of unclothed genitals,flagellation or of investigation,processing and hearing as set forth herein. torture in the context of sexual relationship,or the use of The fee set forth herein shall be in effect until the city (Pdm Drat 12-91) 102 5.86.030 council shall by resolution fix some other rate based upon institutions may be funded and/or operated either by govem- a cost factor. mental public authorities or by private organizations; D. Massagisi s Permit Required. No person shall 4. Within one thousand feet of any other massage practice massage as a massagist, unless he or she has a establishment bathhouse, escort bureau or introductory valid and subsisting massagist's permit issued to him or service; her by the city pursuant to the provisions of this chapter. 5. Within one thousand feet of any business involving E. Escorts Permit Required. No person shall act as an on-premises sale of liquor or alcoholic beverages,except an escort, unless he or she has a valid and subsisting that this limitation shall not apply to massage establishments escort's permit issued to him or her by the city pursuant connected with the located within a major hotel or country to the provisions of this chapter. club facility. F. All permits shall expire on December 31st of the B. The measure of reference distance in this paragraph calendar year for which they were issued. Applications shall be a straight line from the nearest property line for renewal of permit shall be made on or before Novem- containing the massage establishment, bathhouse, escort ber 30th of the year preceding the year from which a bureau or introductory service to the nearest property line renewal permit is sought.The renewal application fee for of an affected use,without regard to intervening structures. a massage establishment, bathhouse, escort bureau or (Ord. 483 § 1, 1986; Ord. 369 (part). 1984) introductory service permit shall be one hundred dollars and the renewal application fee for an escort permit and 5.86.050 Permitted establishments. massagist permit for each escort and massagist employed Any establishment not specifically permitted by the therein shall be fifty dollars.Said renewal application fees provisions of this section shall be prohibited until such are nonrefundable and shall be used to defray the cost of time as this section may be amended to permit such estab- investigation and processing said renewal applications.The lishment.The establishments specifically permitted are as fee set forth herein shall be in effect until the city council follows: shall by resolution fix some other rate based upon a cost A. Massage establishment; factor. (Ord. 369 (pan), 1984) B. Escort bureau; C. Introductory services; and 5.86.040 Location. D. Bathhouse; A. No massage establishment,bathhouse,escort bureau E. In connection with, ancillary to, and a part of a or introductory service shall be established in the following men's and women's fashions and full service beauty salon, locations: the massage portion of the use shall be a minor use and 1. In any zone other than the C-1 zones or a PR zone the fashion and full service beauty salon use shall be the in connection with and within a major hotel or country major use,with one massage room only being permitted. club facility;. The requirements of Section 5.86.040 shall not apply to 2. Within one thousand feet of any R-1,R-1-M,R-2, this minor, ancillary use. R-3,PR.PC zone and one thousand feet of any other than All permitted establishments shall comply with all regula- C-1 zones in the city; Lions and provisions of this chapter except as otherwise 3. Within one thousand feet of any parcel of real provided in this chapter. Nothing in this chapter shall be property in which is located any of the following uses or construed as permitting any activity otherwise prohibited facilities: by state or local law.(Ord.671, 1992;Ord.487§ 1, 1987; a. Church.defined herein as any facility used primarily Ord. 369 (part), 1984) for worship of any religion, or used for other religious purposes, 5.86.060 Amortization of nonconforming b. City, county, state, federal or other governmental uses. public buildings, including but not limited m, city halls. The provisions of Title 25 of this code dealing with libraries, police and fire stations and post offices, nonconforming uses shall not be applicable to massage C. Schools, defined herein as: (i) institutions for establishments,bathhouses,escort bureaus or introductory teaching minor children (e.g., day schools, elementary services.Instead,the following amortization schedule shall schools,secondary schools,high schools),and(d)insdtu- apply to all massage establishments, bathhouses, escort [ions of higher Teaming receiving approved graduates of bureaus or introductory services which do not conform preparatory school and offering instructions in arts,letters to the terms of this chapter but otherwise are legally existing and science, leading to the bachelor's degree or master's degree (e.g., colleges and universities). The aforesaid 1 103 (Palm Da &97) 5.86.060 on the effective date of the ordinance codified in this chapter. to the subjects genitals.As used herein,"exposes to public A. For such an establishment legally existing in view" means exposes to the view of the person outside the city for a period of not less than six months preceding the building in which the commercial business is located. the effective date of the ordinance codified in this chapter- H. The permit required by this chapter shall be one hundred twenty days. displayed in a prominent place. (Ord. 369 (part), 1984) B. For such an establishment legally existing within the city for a period of not less than three months preceding 5.86.080 Registration of customers—Records the effective date of the ordinance codified in this chapter. open to inspection. ninety days. Every person who maintains, conducts or operates as C. For such an establishment legally existing within an escort, escort bureau or introductory service shall at the city for a period up to three months preceding the all times keep a registration book in connection therewith, effective date of the ordinance codified in this chapter. in which each and every customer's fust,middle and last sixty days. (Ord. 369 (part), 1984) name, age, telephone number and complete address shall be written together with .the date of initial contact, all 5.86.070 Operational criteria. appointments and contacts made thereafter and the first, In addition to the base zone requirements governing middle and last names of the escort of the person to whom use and minimum development standards,and the applicable the customer is socially introduced.Such records shall be requirements set forth in Section 5.86.110 the following made available, upon request, for inspection by the city additional requirements shall be metby massage establish- manager or the police chief. (Ord. 369 (part), 1984) menu,bathhouses,escort bureaus or introductory services: A. Said use shall have a separate business entrance 5.86.090 Massage parlor or bathhouse and adjacent to the required parking area and no other nonadult persons engaged therein— . use shall be permitted in the same building space while Application for massagist's permit. used as a massage establishment,bathhouse,escort bureau Any person desirous of engaging in the practice of or introductory service. massage, as defined in this chapter, must first secure a B. Maximum occupancy load, fire exits, aisles and massagist's permit.Application shall be made to the city's fire equipment shall be regulated,designed and provided department of code compliance and business licenses in in accordance with the fire department and building and the same manner as provided herein for massage esmbtish- safety division regulations and standards. went permits.The director of code compliance and business C. All building openings,entries,windows,etc.,shall licenses shall approve the application and issue the permit be located, covered or screened in such a manner as to if the applicant meets all the requirements of Chapter 5.86, prevent a view into the interior from outside the building. and shall deny the application if the applicant does not D. Lighting in Parking Los.Lighting shall be required meet all the requirements of Chapter 5.86.There shall be which is designed to illuminate all off-street parking areas no public hearing before the city council on an approved serving such use for the purpose of increasing the personal application. If the application is denied the director shall safety of patrons and reducing the incident of vandalism promptly give the applicant notice thereof and the findings and theft. for such denial.The applicant aggrieved by the action of E. Amplified Sound.No loudspeakers or sound equip- the director may appeal by filing a written appeal, within merit shall be used by a massage establishment,bathhouse, ten days of the notice of denial, wiih the city clerk. The escort bureau or introductory service,for amplification of city council shall set a time and place for the public hearing. sound to a level discernible by the public beyond the wails The city council shall set a time and place for the public of the building in which such use is conducted. hearing. The derision of the city council shall be final. F. The building entrance to the use shall be clearly A. The business address and all telephone numbers and legibly posted by a notice indicating that minors are where the massage is to be practiced; precluded from entering the premises. As used herein, B. Name,including all names,nicknames and aliases "minor' means an individual under the age of eighteen by which the applicant has been known; and residence yam• address,including the two previous addresses immediately G. Commercial businesses licensed or operating within prior to the present address of the applicant; the city shall not display or exhibit any material inamanner C. Social security number, driver's license number, which exposes to public view photographs or illustrations if any, and date of birth; of specified sexual activities or one or more naked adults D. Applicants weight,height.color of hair and eyes, in poses which emphasize or direct the viewer's attention and sex; t (Pa.b.&931 - 1()4 5.86.090 E. Written evidence that the applicant is at least eigb- 5.86.100 Escort's permit—Application teen years of age; therefor. F. A complete statement of all convictions of the A. Any person desirous of engaging in the practice applicant for any felony or misdemeanor or violation of of an esc�rt, as defined in this chapter, must fast secure a local ordinance,except misdemeanor traffic violations; an escort permi Once obtained,said permit shall be carried G. Fingerprints of the applicant taken by the police on the escort Application shall be made to the city's department; department of code compliance and business licenses in H. Two front-face portrait photographs taken within the same manner as provided in this chapter for adult thirty days of the date of application and at least two inches entertainment permits. The director of code compliance by two inches in size: and business licenses shall approve the application and I. Applicant must furnish a diploma or certificate of issue the permit if the applicant meets all the requirements graduation.from a recognized school or other institution of Chapter 5.86, and shall deny the application if the of teaming wherein the method, profession and work of applicant does not meet all the requirements of Chapter massage is taught as defined in subsection M of Section 5.86. There shall be no public hearing before the city 5.86.020; council on an approved application. If the application is J. The massage or similar business history and denied the director shall promptly give the applicant notice .experience ten years prior to the date of application,includ- thereof and the findings for such denial. The applicant ing but not limited to whether or not such person in previ- aggrieved by the action of the director may appeal by filing ously operating in this or another city or state under license a written appeal within ten days of the notice of denial, or permit has had such license or permit denied, revoked with the city clerk. The city council shall set a time and or suspended and the reasons therefor, and the business place for the public hearing.The decision of the city council activities or occupations subsequent to such action of denial, shall be final. suspension or revocation; B. The application shall contain all of the information K. The names,current addresses and written statements set forth in Section 5.86.090 pertaining to massagist's of at least five bona fide permanent residents, other than permits,save and except for subsection I set forth herein. relatives,of the United States that the applicant is of good (Ord.721 §2, 1993; Ord.532 §2, 1988: Ord.369 (part), moral character.If the applicant is able,the statement must 1984) first be furnished from residents of the city,then the county, then the state and lastly from the rest of the United States; 5.86.110 Massage establishment and L. A medical certificate signed by a physician,licensed bathhouse—Operating to practice in the state, within seven days of the date of requirements. the application.The certificate shall state that the applicant No license to conduct a massage establishment or was examined by the certifying physician and that the bathhouse shall be issued unless an inspection by the city applicant is free of communicable disease.The additional reveals that the establishment complies with each of the information required by this subsection shall be provided following minimum requirements: at the applicant's expense; A. Conducts,or otherwise operates,a massage business M. Such other information,identification and physical only between the hours of seven am.and twelve midnight examination of the person deemed necessary by the city B. Post a list of services available,described in readily police in order to discover the truth of the matters herein understandable language,and.the cost of such services in before required to be set forth in the application; a conspicuous place on the premises; N. Authorization for the city,its agents and employees C. Display the permit and a copy of the permit of to seek information and conduct an investigation into the each massagist therein, in a conspicuous place in the truth of the statements set forth in the qualifications of premises; the applicant for the permit D. Maintain a record which includes the date and time 0. Written declaration by the applicant under penalty of each massage or bath, the name and address of the of perjury,that the foregoing information contained in the patron,the name of the person administering such massage, application is true and correct said declaration being duly and the type of massage given or bath taken.Such records dated and signed in the city. (Ord. 721 § 1, 1993; Ord. shall be made available, upon request for inspection by 532§ 1, 1988:Ord.496§2. 1987;Ord.369(part), 1984) the city manager or police chief.The information contained in such records shall be confidential; E. Construction of rooms used for toilets,tubs,steam baths and showers shall be made waterproof with approved l 105 (Pclm D« 8.931 5.86.110 waterproofed materials and shall be installed in accordance J. Maintain lighting intensity of not less than seventy with the city building code. Plumbing fixtures shall be footcandle power at floor level in any room or enclosure installed in accordance with the city plumbing code: in all public rooms, hallways and within each room or 1. Steam rooms and shower compartments shall have enclosure where massages are administered or baths are waterproof floors,walls and ceilings approved by the city, taken; 2. Floors of wet and dry heat rooms shall be adequately K. Maintain walls, ceilings, floors, pools, showers, pitched to one or more floor drains properly connected bathtubs, water basins, toilets, wet and dry heat rooms, to the sewer.Exception:Dry heat rooms with wooden floors steam or vapor rooms and cabinets and all other facilities need not be provided with pitched floors and floor drains, . in good repair and in a clean and sanitary condition.Show- 3. A source of hot water must be available within the ers, water basins, toilets, wet and dry heat rooms, steam immediate vicinity of dry and wet heat rooms to facilitate or vapor rooms, and cabinets and compartments shall be cleaning; thoroughly cleaned at least once each day the massage F. The premises shall have adequate equipment for business or bathhouse is in operation. Bathtubs shall be disinfecting and sterilizing nondisposable instruments and thoroughly cleaned after each use; materials used in administering massages. Such L. Provide clean and sanitary towels,sheets and linens nondisposable instruments and materials shall be disinfected for each patron. No common usage of towels,sheets and after use on each patron; linens shall be permitted.Towels, sheets and linens shall G. All employees,including massagists,shall be clean be provided in sufficient quantity and shall not be used and wear clean, nontransparent outer garments, covering by more than one person unless such towels, sheets and their specified anatomical areas,the use of which garments linens have been relaundered. Heavy white paper may be is restricted to the massage establishment. A separate substituted for sheets;provided,however,that such paper dressing room for each sex must be available on the premis- is used only for one person and then discarded into a es. Each dressing room must provide individual lockers sanitary receptacle.Separate closed cabinets or containers for each employee. Doors to such dressing rooms shall shall be provided for the storage of clean and soiled towels, open inward and shall be self-closing; sheets and linens, and such cabinets or containers shall . H. Toilet facilities shall be provided in convenient be plainly marked: "clean linen" and "soiled linen'; locations.When employees and patrons of different sexes M. Cover pad used on massage tables in a workmanlike are on the premises at the same time, separate toilet manner with durable,washable plastic or other waterproof facilities shall be provided for each sex. A single water material; closet per sex shall be provided for each twenty or more N. Unlock all exterior doors from interior side during employees or patrons of that sex on the premises at any business hours; one time.Urinals may be substituted for water closets after O. Provide a separate locker for each patron to be one water closet has been provided.Toilets shall be desig- served,which locker shall be capable of being locked and nated as to the sex accommodated therein; available to each patron at no extra charge; I. Provide a minimum of one bathtub or shower facility P. No massage establishment granted a license under for the patrons; provided however, if male and female the provisions of this chapter shall place, publish patrons are to be served simultaneously,separate facilities or distribute or cause to be placed,published or distributed shall be provided for such patrons.Where baths,as defined any advertisement, picture, or statement which is in this chapter,are provided,whether in a massage business or bathhouse,and male and female patrons are to be served simultaneously,separate rooms or baths shall be provided for such patrons.Hot and cold running water under pressure from a potable source shall be provided to all wash basins, bathtubs,showers and similar facilities.Each water basin shall be provided with soap or detergent and single service towels placed in permanently installed dispensers.A trash receptacle shall be provided in each room where such facilities are located. In addition to the wash basin for patrons, a minimum of one (1) separate wash basin shall be located within or as close as practicable to each area in which massages are administered and baths are taken; (Pdm Darn 8-93) 106 ; — 5.86.110 c known or through the exercise of reasonable care should C. Any violation of these provisions shall be deemed be known to be false.deceptive or misleading in order to grounds for revocation of the permit granted hereunder. induce any person to purchase or utilize any professional (Ord.532 § 3, 1988: Ord.407 § 1. 1984: Ord. 369 (pan). massage services: 1984) Q. All electrical equipment shall be installed in accor- dance with the requirements of the city's Uniform Building 5.86.130 Employment or and services Code; rendered to minors prohibited. R. It is unlawful for any massage service to be carried No holder of a massage establishment.bathhouse,escort on within any cubicle, room, booth, or any area within bureau or introductory service permit shall employ any a massage establishment which is fitted with a door capable person under eighteen years of age:nor shall such pernittee of being locked. All doors or doorway coverings within provide any service for which it requires said permit to a massage establishment shall have an unobstructed opening any patron, customer or person under eighteen years of six inches by six inches in size capable of clear two-way age,except at the special instance and request of a parent, viewing into and out of all cubicles,rooms,or booths.The guardian,or other person in lawful custody of the minor opening shall be not less than four and one-half-feet from upon whose behalf the escort, massagist or introductory the floor of the establishment nor more than five and service is engaged. (Ord. 369 (part), 1984) one-half feet from the floor.Toilets and cubicles used solely for the application of liquid and vapor baths shall have 5.36.140 Exemptions. no such opening in the covering door or curtain,but shall The provisions of this chapter shall not apply to: be clearly marked as to purpose on the exterior door or A. Persons licensed under the business and professions curtain of said cubicle,room,or booth.Nothing contained code,or an initiative act, to do any acts included in the herein shall be construed to eliminate other requirements definition of massage,or persons working under licentiate's of statute, ordinance or municipal code concerning the order, direction and supervision in the manner set forth maintenance of premises,nor to preclude authorized inspec- in said code or initiative act. tion thereof,whenever such inspection is deemed necessary B. Trainers for any amateur, semiprofessional or by the police or health departments; professional athlete or athletic team or school athletic $. Shall not operate as a school of massage,or operate program. in the same location,or use the same facilities as that of C. Persons operating under the direct supervision and a school of massage except as otherwise may be provided written authorization of a golf,tennis or athletic club. (Ord by law. It is unlawful for any person to perform any 648 § 1, 1991; Ord. 369 (pan), 1984) massage upon a member of the general public while on the premises of a school of massage. Instructors and sin- 5.86.150 Application for permit. dents of such schools may practice massage only upon Any person, association, partnership or corporation a bona fide employee or another student of the school,or desiring to obtain a business license tax certificate and a a dummy may be used. (Ord. 369 (part), 1994) permit for a massage establishment,bathhouse,escort bureau or introductory service shall make an application. under 5.86.120 Prohibition regarding specified oath,to the city manager upon a form provided by the city anatomical areas and specified manager showing: sexual activities. A. The name, current.permanent residential address A.. It is unlawful for any escort.massagist or any person and telephone number of the applicant; on the premises of a massage establishment, bathhouse, B. The business name,proposed business address of escort bureau or introductory service to expose to any other the massage establishment, bathhouse, escort bureau or person: introductory service and its telephone number. 1. Any specified anatomical areas,whether his or her If the applicant is a corporation, the name shall be own, or those of another, exactly as set forth in its articles of incorporation and it 2. Any specified sexual activities. shall provide a copy of its articles of incorporation. The B. It is unlawful for any person owning,operating or applicant shall show the name and residence address of managing a massage establishment or bathhouse,knowingly each of the officers,directors,and each stockholder owning to cause,allow or permit in or about such massage estab- not less than ten percent of the stock of the corporation lishment or bathhouse,any agent,employee or any other and the address of the corporation itself, if different than person under his control or supervision to permit such acts the address of the massage establishment.bathhouse.escort prohibited in subsection A of this section. bureau or introductory service. ` 107 (Paim Dv.n 7.1r,a 5.86.150 If the applicant is a partnership, the application shall or suspended, or has had any professional or vocational show the name and residence address of each of the parmers license or perm it revoked or suspended, and the reasons including limited partners and the address of the partnership therefor,and the business activity or occupation subsequent itself, if different than the address of the massage to such action of suspension or revocation.If the applicant establishment- bathhouse, escort bureau or introductory is a corporation.this requirement applies to each of the service; officers,directors,and/or stockholders owning not less than C. The name and permanent address of the owner of ten percent of the.stock of the corporation.If the applicant the property upon which the applicant intends to locate is a partnership, this requirement applies to each of the the massage establishment, bathhouse, escort bateau or partners, including limited partners; introductory service.If the property owner is a corporation, I. Driver's license or other acceptable identification the name shall be exactly as set forth in its articles of and social security number of the appbcanL If the applicant incorporation and the applicant shall show the name and is a corporation, this requirement applies to each of the residence address of each of the officers, directors and officers,directors,and/or stockholders owning not less than stockholders owning not less than ten percent of the stock ten percent of the stock of the corporation.If the applicant of the corporation. If the property owner is a partnership, is a partnership, this requirement applies to each of the the application shall show the name and residence address partners, including limited partners; of each of its partners, including limited partners; J. Acceptable written proof that the applicant is at D. In the event the applicant is not the owner of record least eighteen years of age.If the applicant is a corporation, of the teal property upon which the massage establishment, this requirement applies to each of the officers,directors, bathhouse,escort bureau or introductory service is or will and/or stockholders owning not less than ten percent of be located, the application must be accompanied by a the stock of the corporation.If the applicant is a partnership, notarized statement from the owner of record of the real this requirement applies to each of the partners,including property acknowledging that a massage establishment, limited partners; bathhouse,escort bureau or introductory service is or will K. The height.weight,color of eyes,color of hair and be located on the property.In addition,the applicant must date of birth of the applicant If the applicant is a corpo- furnish a copy of the lease or rental agreement pertaining ration, this requirement applies to each of the officers, to the premises in which the massage establishment,bath- directors, and/or stockholders owning not less than ten house,escort bureau or introductory service will be located; percent of the stock of the corporation. If the applicant E. The date, hours and location where the massage is a partnership, this requirement applies to each of the establishment. bathhouse, escort bureau or introductory partners, including limited partners; service is proposed to be conducted, and the admission L. The business, occupation or employment history fee, if any, to be charged; of the applicant for the last five-year period immediately F. The name(s)or person(s)having the management preceding the date of filing of the application.If the appli- or supervision of the applicant's business; cant is a corporation, this requirement applies to each of G. Whether or not the applicant has been convicted the officers,directors,and/or stockholders owning not less of a crime,the nature of such offense,the date of convic- than ten percent of the stock of the corporation. If the lion,place convicted.and the sentence received therefor. applicant is a partnership,this requirement applies to each If the applicant is a corporation,this requirement applies of the partners, including limited partners; to each of the officers,directors,and/or stockholders owning 1v Each residence and business address of the applicant not less than ten percent of the stock of the corporation. for the rive-year period immediately preceding the date If the applicant is a partnership, this requirement applies of the filing of the application.If the applicant is a corpo- to each of the partners, including limited partners; ration, this requirement applies to each of the officers, Ii Whether or not the applicant has ever had any directors, and/or stockholders owning not less than ten similar license or permit issued by such agency revoked percent of the stock of the corporation. If the (Palm Dm 7-92) 108 -- 5.86.150 applicant is a partnership,this requirement applies to each If the applicant is a corporation, this requirement applies of the partners, including limited partners; to each of the officers,directors and/or stockholders owning N. One front-face portrait photograph of the applicant not less than ten percent of the stock of the corporation. at least two inches by two inches and a complete set of If the applicant is a parnership, this requirement applies applicant's fingerprints which shall be taken by the city to each of the partners, including limited partners; police. If the applicant is a corporation, one front-face V. Applicant must furnish for any person whose name portrait photograph at least two inches by two inches of is required to be given in subsection F the information all officers, directors, and stockholders owning not less required by subsections A, I, J, K. L, M. N, P, Q, S, T than ten percent of the stock of said corporation and a and U. complete set of the same officers', directors', and The holder of the permit for a massage establishment, stockholders' fingerprints which shall be taken by the city bathhouse,escort bureau or introductory service shall notify police. If the applicant is a partnership, one front-face the city's department of code enforcement and business portrait photograph at least two inches by two inches in licenses of each change in any of the data required to be size of each partner, including limited partners in said furnished by this section within ten days after such change partnership,and a complete set of each partner or limited occurs. (Ord. 369 (part), 1984) partner's fingerprints which shall be taken by the city police; O. The name and address of each massagist or escort 5.86.160 Renewal of permit. who is or will be employed in said establishment; Upon application for a renewal permit, the applicant P. Applicant must furnish a diploma or certificate of shall provide all of the information set forth in Section graduation from a recognized school or other institution 5.86.150. (Ord. 369 (part), 1984) of leaming wherein the method, profession and work of massage is taught as defined in Section 5.86.020,subsection 5.86.170 Investigation. M;provided,however,that if the applicant will not person- A. After an application permit bas been filed with the ally engage in the practice of massage, as defined in this city manager or his designated representative,he/she shall chapter, the applicant need not possess such diploma or cause an investigation to be made by the city's department certificate; of code compliance and business licenses. The director Q. The name and address of any other massage estab- of code compliance and business licenses shall refer copies lishmen4 bathhouse,escort bureau or introductory service of the application to the following departments and agencies owned or operated by any person whose name is required within five days of receipt of the application: department to be given in subsection B; of building and safety,department of community services R. A description of any other business to be operated and planning,police department,Riverside County health on the same premises or on adjoining premises owned or department,Riverside County fire marshal.These depart- controlled by the applicant If the applicant is a corporation, menus and agencies shall within thirty days inspect the this requirement applies to each of the officers,directors, premises proposed to be operated as a massage establish- and/or stockholders owning not less than ten percent of ment. bathhouse, escort bureau or introductory services the stock of the corporation.If the applicant is a partnership, and shall make written verification to the department of this requirement applies to each of the partners,including code compliance and business licenses concerning compli- limited partners; ance with the Palm Desert Municipal Codes and the codes S. Authorization for the city,its agents and employees of Riverside County and state of California that they to seek information and conduct an investigation into the administer.If such premises are not in compliance, the truth of the statements set forth in the application and the department of code compliance and business licenses shall qualifications of the applicant for the permit; notify the applicant, in writing, of the deficiencies, and T. Such other identification and information necessary shall cause the reinspection of such premises to be made to discover the truth of the matters hereinbefore specified upon written request for reinspection by the applicant; as required to be set forth in the application; provided. however, that such request for reinspection is U. The names,current addresses and written statements made within thirty days after notice of noncompliance has of at least three bona fide permanent residents of the United been given by the department of code compliance and States that the applicant is of good moral character. If the business licenses.The applicant shall further be referred applicant is able,the statement must fast be furnished from to the city's police department for investigation of the residents of the city, then the county, then the state and, applicant's character and qualifications.There shall be no lastly,from the rest of the United States.These references public hearing before the city council on an approved must be persons other than relatives and business associates, application.If there are concerns regarding an application 109 (Palm Dl 9.93) 5.8(1.170 by the director of code compliance and business licenses, ble laws, including but not limited to the citv's buildine, the application shall be set for a public hearing before the zoning and health regulations; city council and the applicant notified of the date of such C. The applicant has not knowingly made any false, hearing. . misleading or fraudulent statements of fact in the permit B. If the application is denied,the director shall prompt- application, or any other document required by the city ly give the applicant notice thereof and the findings for in conjunction therewith; if the applicant is a corporation, such denial. The applicant aggrieved by the action of the this requirement applies to each of the officers,directors, director may appeal by filing a written appeal, within ten and/or stockholders owning not less than ten percent of days of the notice of denial, with the city clerk.The city the stock of the corporation.If the applicant is a partnership, council shall set a time and place for the public hearing. this requirement applies to each of the parmers, including The decision of the city council shall be final. (Ord. 721 limited partners; § 3, 1993: Ord. 532 § 4, 1988: Ord. 369 (part), 1984) D. The applicant or any other person who will be directly engaged in the management and operation of the 5.86.180 Hearing notice. place of massage establishment,bathhouse,escort bureau After Lbil ty der has set the application for hearing, or introductory service: he shall cause of the hearing to be given within thirty 1. Has not done any act involving dishonesty, fraud days to all prop rty owners within three hundred feet of or deceit with the intent to substantially benefit himself, the proposed or actual location of the applicant's business. herself or another, or substantially injure another, or For the purpose of this section,notice to property owners 2. Has not been convicted of any crime.A conviction shall be sufficient if given to those property owners who shall mean a plea or verdict of guilty or conviction follow- appear as such on the last equalized assessment roll on ing a plea of nolo contendere, unless the conviction was file with the city. 'dorsally,the city manager shall cause so remote in time as to indicate that the applicant has been a public notice to a publis d in a newspaper of general rehabilitated, or the applicant has presented evidence to circulation [en day rior to t e bearing date. All notices the chief of police which shows to the Satisfaction of the provided for[his sectio be in the form and manner chief of police that the applicant has been rehabilitated, as determined by the city manager. This procedure shall 3. The actor crime referred to in subsection D I or not apply to applications for individual massagist or escort D2 hereinabove must be substantiallv related to the permits. (Ord. 532 § 5, 1988: Ord. 369 (part), 1984) qualifications, functions or duties of a person engaged in the business or practice of massage establishment, bath- 5.86.190 Procedure of hearing. house, escort bureaus or introductory services; At the time d place se r public hearing as to any E. The correct permit fee has been tendered to the application, the 'ty council sh 1 hear and determine all city and,in the case of a check or bank draft.honored with facts and eviden levant to th nature and location of payment upon presentation; the proposed mas oe a ent, bathhouse, escort F. .The applicant has not had a massage establishment. bureau or introductory rvice,and the character,reputation bathhouse,escort bureau or introductory service,massagist's and moral fitness of tiro ho will conduct, participate or escori s or other similar permit denied, revoked or in or be in charge of such massage establishment,bathhouse, suspended by the city or any other state or local agency escort bureau or introductory service.This procedure shall within five years prior to the date of the application; not apply to applications for individual massagis[or escort G. The applicant.if an individual.or any of the officers permits. (Ord. 532 § 6, 1998: Ord. 369 (pan), 1984) directors, and stockholders who own not less than ten percent of the stock of said corporation, if the applicant 5.86.200 Findings of hearings. is a corporation;or any of the partners, including limited At the conclusion of the hearing before the city council, partners,if the applicant is a partnership;and the manager the city council shall grant an application for a massage or other person principally in charge of the operation of establishment. bathhouse, escort bureau or introductory the business, is not under the age of eighteen years. If the service permit if the following findings are made: applicant is a corporation,this requirement applies to each A. The traffic generated by the proposed use will not of the officers, directors and/or stockholders owning not impose a greater burden upon the streets and highways less than ten percent of the stock of the corporation. If in the area than similar use in the area; the applicant is B. The conduct of the massage establishment, bathhouse,escort bureau or introductory service,as proposed by the applicant,if permitted,will comply with all apphca. (Palm Da 9-93) 110 ,- 5.86.200 a partnership, this requirement applies to each of the mit was issued interferes with the peace and quiet of partners,including limited partners; the neighborhood,or Ii. The city may issue a license or permit to any 6. The applicant has done any act involving dishon- person convicted of any of the crimes described in esty, fraud or deceit with the intent to substantially subsections Dl or D2 of this section if it finds that such benefit himself, herself or another, or substantially conviction occurred at least five years prior to the date injure another,or of the application and the applicant has had no subse- 7. The applicant has been convicted of any crime. quent felony convictions of any nature and no subse- A conviction shall mean a plea or verdict of guilty or quent misdemeanor convictions for crime mentioned conviction following a plea of nolo contendere,unless in this section. (Ord 532 § 7, 1988: Ord. 369 (part), the conviction was so remote in time as to indicate that 1984) the applicant has been rehabilitated,or the applicant has presented evidence to the chief of police which 5.86.210 Denial,suspension,revocation of shows to the satisfaction of the chief of police that the applicant has been rehabilitated. permit 8. Such denial maybe made only,if the actor crime After notice and hearing pursuant to the procedures referred to in subsection B6 or B7 hereinabove must be provided in this chapter the city council shall deny, substantially related to the qualifications,functions or suspend or revoke any permit applied for, or issued duties of a person engaged in the business or practice under this chapter,if it finds and determines that: of massage establishment,bathhouse,escort bureau or A. The business as conducted by permittee, its introductory services.(Ord.369(part),1994) agent(s)or employee(s),or any persons)connected or associated with the permittee as partner,director,offi- cer,general manager or other person(s),who is exer- 5 The Approval. rising managerial authority of,or on behalf of permit- The city for a p shall act r approve er deny an tee acting under the authority of such permit,does not application for a permit under this chapter within a comply with all applicable laws,including but not lim- reasonable period of time and in no event shall the city id ited to the city's building, zoning and health regula- counca ion wct as accephan ted by ysfromthdepare date thentat o lions;or application was accepted by the city's department of B. Permittee, its agent(s) or employee(s), or. any cede enforcement and business licenses. (Ord. 369 person connected or associated with the permittee as (part),1984) partner, director, officer or general manager or other person(s),who is exercising managerial authority of;or 5.86.230 Inspection required. on behalf of permittee, acting under the authority of The police shall from time to time make inspection such permit,has: of each massage establishment,bathhouse, escort bu- s. Knowingly procured said permit by false state- reau or introductory service for the purposes of deter- ments,representations or nondisclosure of a material mining that the provisions of this chapter are fully fact when such fact would have constituted good cause complied with. It is unlawful for any permittee to fail for denying the application for such permit or any to allow such inspection officer access to the premises document required by the city in conjunction there- or hinder such officer in any manner.(Ord.369(part), with,or 1984) 2. The permittee has ceased to meet any of the requirements for issuance of a permit,or 5.86.7A Penalties. 3. Any failure on the part of the owner,manager or Any person violating any of the provisions or failing other person in charge of the premises to enforce the to comply with any of the requirements of this chapter regulations set forth in this chapter or to cooperate with shall be guilty of a misdemeanor and upon conviction the police department by promptly reporting any fight, thereof,shall be punishable by a fine not to exceed five brawl or other unlawful activities occurring on the hundred dollars,or by imprisonment in the county jail premises,or for a period of not more than six months, or by both 4. The premises for which the permit was issued is such fine and imprisonment. Each day a violation is being operated in an illegal or disorderly manner,or committed or permitted to continue shall constitute a 5. Noise from the establishment for which the per- separate offense.(Ord.369(part),1984) 111 5.86.250 5.86.250 Other remedies. 5.86.270 Sale or transfer or change of location. The provisions of Section 5.86.210 are to be con- Upon sale,transfer orrelocation of a massage estab- strued as added remedies and not in conflict or dero- lishment,bathhouse,escort bureau or introductory ser- gation of any other actions or proceedings or remedies vice the permit therefor shall be null and void unless otherwise provided by law.(Ord.369(part),1984) approved as provided in Section 5.86.200; provided, however, that upon the death or incapacity of the 5.86.260 Conducting a business as a nuisance. permittee,heir or devisee of a deceased permittee,or Any massage establishment,bathhouse, escort bu- any guardian of an heir or devisee of a deceased per- reau or introductory service operated, conducted or mittee,may continue the massage establishment,bath- maintained contrary to the provisions of this chapter is house,escort bureau or introductory service for a rea- unlawful and a public nuisance, and the city attorney sonable period of time not to exceed sixty days to allow may,in addition to or in lieu of prosecuting a criminal for an orderly transfer of the permit.(Ord.369(part), action, in accordance with Chapter 1 of the Codes, 1984) . commence an action(s)or proceeding(s),for the abate- ment, removal or enjoinment thereof, in the manner 5.86.280 Transfer of permit. provided by law; and shall take such other steps and No permit shall be transferable except with the con- shall apply to such court(s)as may have jurisdiction to sent of the city council.An application for such transfer grant such relief as will abate or remove such businesses shall be in writing and shall be accompanied by fees and restrain and enjoin any person from operating, prescribed in Section 5.86.030.The written application conducting or maintaining a massage establishment, for such transfer shall contain the same information as bathhouse,escort bureau or introductory service con- requested in this chapter for initial application for the trary to the provisions of this chapter.(Ord.369(part), permit.(Ord.369(part),1984) 1984) 112 5.88.010 Chapter 5.88 and application of words and phrases used in this chap- ter. OPERATION OF ADULT ENTERTAINMENT A. Adult Entertainment Establishment.This term ESTABLISHMENTS is defined to include each and every one of the follow- ing described uses: Sections: 1. "Adult business"means: 5.88.010 Purpose. a. Any business which is conducted primarily for the 5.88.020 Definitions. patronage of adults,except any business licensed by the 5.88.030 Permits. State Department of Alcoholic Beverage Control, if 5.88.040 Location. such use is strictly limited to the sale of alcoholic bev- 5.88.050 Permitted adult entertainment erages and food;or establishments. b. Any business other than those expressly specified 5.88.060 Amortization of nonconforming uses. in this section, where employees or patrons expose 5.88.070 Operational criteria. specified anatomical areas or engage in specified sexual 5.88.080 Employment of and services activities;or rendered to minors. c. Any other business or establishment character- 5.88.090 Application for permit. ized by an emphasis on the portrayal of matter depict- 5.88.100 Renewal of permit. ing, exposing, describing, or discussing or relating to 5.88.110 Investigation. specified sexual activities or specified anatomical areas. 5.88.120 Hearing notice. "Adult business"shall not be deemed to include the 5.88.130 Procedure of hearing. practice of any of the hearing arts by any person li- 5.88.140 Findings of hearing. censed thereof under the California Business and Pro- 5.88.150 Denial,suspension,revocation of fessions Code. permit. 2. "Adult bookstore"means "stablishment hav- 5.88.160 Approval. ing a substantial or signific portion of its stock in 5.88.170 Inspection required. trade,books,magazin other periodicals which are 5.88.180 Violation—Penalties. distinguished or cbaract ' ed by an emphasis on the 5.88.190 Other remedies. portrayal of er depictin describing,or relating to 5.88.200 Conducting business as a nuisance. specirtab�lislhrnent al activities orsp ed anatomical areas 5.88.210 Sale or transfer or change of location. or with a segment or section devoted 5.88.220 Transfer of permit. to display of such material. 5.88.230, Severance clause. 3. "Adult hotekor motel" means a hotel or motel wherein material is ese edwhich is distinguished or 5.88.010 Purpose. characterized by an e asis on the portrayal of mat- The city council finds that adult entertainment busi- ter depicting,des mg or related to specified sexual nesses,because of their very nature,have objectionable activities or specif&d anatomical areas. operational characteristics, particularly when several 4. "Adult minimotion picture theater" means an of them are concentrated under certain circumstances, enclosed building with a capacity of less than fifty thereby having a deleterious effect upon adjacent persons used for presenting material distinguished or areas.Special locational regulation of these businesses characterized by an emphasis on the portrayal of mat- is necessary to insure that these adverse effects will not ter depicting or relating to specified sexual activities or contribute to the blighting or downgrading of the sur- specified anatomical areas for observation by patrons rounding neighborhoods.The primary purpose of the therein. regulation is to prevent the concentration or clustering 5. "Adult motion picture arcade"means any place of these businesses in any one area.(Ord.371§1(part), to which the public is permitted or invited wherein coin 1984) or slug-operated or electronically, electrically, or me- chanically controlled still or motion picture machines, 5.8&020 Definitions. projectors or other image-producing devices are main- Unless the particular provision or the context other- tained to show images to five or fewer persons per wise requires,the definitions and provisions contained machine at any one time, and where the images so in this section shall govern the construction,meaning displayed are distinguished or characterized by an em- 113 5.88.020 phasis on the portrayal of matter depicting or describ- partment of the city of Palm Desert, or his or her ing specified sexual activities or specified anatomical designated representative. areas F. "Specified anatomical areas" mean and include 6. "Adult mot n picture theater" means an en- any of the following: closed buildin 'eh a capacity of fifty or more persons 1. Less than completely and opaquely covered used prim for presenting material distinguished or human genitals,pubic region,buttocks,anus or female characte ' d by more than an emphasis on the por- breasts below a point immediately above the top of the trayal of atter depicting, describing, or relating to areola;or specifi sexual activities or specified anatomical areas 2 Human male genitals in a discernibly turgid state, for observation by patrons therein. even if completely and opaquely covered. 7. " baret" means a nightclub, theater or other G. "Specified sexual activities"includes the follow- establis entwhichfeaturesliveperformancesbytop- ing: l less and/o bottomless dancers, go-go dancers, exotic 1. Actual or simulated sexual intercourse,oral cop- dancers, s ' pens or similar entertainers,where such ulation,anal intercourse,oral anal copulation,bestial- performance re distinguished or characterized by an ity, direct physical stimulation of unclothed genitals, emphasis on th .portrayal of specified sexual activities flagellation or torture in the context of sexual relation- or specified anatomical areas. ship,or the use of excretory functions in the context of 8. "Encounter center" or "rap studio' means any a sexual relationship,and any of the following depicted business agency or person w 6,for any form of consid- sexually oriented acts or conduct: analingus,buggery, eration or gratuity,provide a place where two or more coprophagy, coprophilia, cunnilingus, fellatio, necro- persons may congregate,,Assemble or associate for the philia, pederasty, pedophilia, piquerism, sapphism, primary purpose of en ging in,describing or discuss- zooerasty;or ing specified sexual a tivities or specified anatomical 2 Clearly depicted human genitals instate of sexual a s areas. stimulation,arousal or tumescence;or ryo� 9. "Figure model studio' means any premises or 3. Use of human or animal masturbation,sodomy, mobile facility where there is condoptedthebusinessor oral copulation,coitus,ejaculation;or transactionoffurnishing,provi ' or procuring figure 4. Fondling or touching of nude human genitals, models who pose for the pure a of being observed or pubic region,buttocks or female breasts;or viewed by any person, or Bing sketched, painted, 5. Masochism erotic or sexually oriented torture, drawn,sculptured,photo aphed,filed,videotaped or i beating or the infliction of pain;or otherwisesimilarlydepi edinthe nude before persons 6. Erotic or lewd touching, fondling or other con- who pay a fee,or any ther thing of value,as consider- tact with an animal by a human being;or ation,compensatio or gratuity,for the right or oppor- 7. Human excretion,urination,menstruation,vagi- tunity to so obsery a figure model,or for admission to, nal or anal irrigation.(Ord.371§ 1(part),1984) permission too as a condition of, remaining on the premises."Fi a model studio"does not include any 5.88.030 Permits. studio or cl room which is operated by any public agency,or y public or private educational institution A It is unlawful for any person association,part authoriz under California Education Code Section nership or corporation to engage in,-conduct,carry on, 94300 a seq.,to issue and confer a diploma or degree. orto permit to be engaged in,conducted,or carried on, B. "City manager" means the city manager of the in or upon any premises within the city,the business of city of Palm Desert,or his or her designated represen- an adult entertainment establishment as herein de- tative fined,without possessing a permit issued pursuant to . C. "Employee" means any person over eighteen the provisions of this chapter for each and every sepa- years of age who renders any service in connection with rate office or place of business conducted by the above. the operation of an adult entertainment establishment The permit fee required hereby shall be in addition to and receives compensation from the operator of the any other license,permit or fee required under any of business or patrons. the provisions of this code. D. "Permittee"means the person to whom a permit B. Neither the filing of an application for the per- has been issued. mit, nor payment of any other license, permit or fee E. "Police chief"means the chief of the police de- required under any other provision of this code,shall 114 - 5.88.030 authorize the engaging in, conducting or carrying on of 5. Within five hundred feet of any business involving an adult entertainment establishment. an on-premises sale of liquor or alcoholic beverages. C. The application fee for an adult entertainment B. The measure of reference distance in this section establishment permit shall be five hundred dollars and is shall be a straight line from the nearest property line non refundable and shall be used to defray the cost of containing the adult entertainment establishment to the investigation,processing and hearing as set forth herein. nearest property line of an affected use, without regard The fee set forth herein shall be in effect until the city to intervening structures. (Ord. 672 § 1. 1992: Ord. 371 council shall by resolution fix some other rate based upon § 1 (part), 1994) a cost factor. D. All permits shall expire on December 31st of the 5.88.050 Permitted adult entertainment calendar year for which they were issued. Applications establishments. for renewal of a permit shall be made on or before Novem- A: Any adult entertainment establishment specifical- ber 30th of the year preceding the year from which a ly permitted by the provisions of this s 'on shall be renewal permit is sought.The renewal application fee for prohibited dl such time as this sectio ay be amended an adult entertainment establishment permit shall be one to pemait establishment.The estab ' hments specifically hundred dollars. Said renewal application fees are permitted are follows: nonrefundable and shall be used.to defray the cost of 1. Adult tore; investigation and processing the renewal applications.The 2. Adult hotel r motel- fee set forth herein shall be in effect until the city council 3. Adult minimo 'on crure theater, shall by resolution fix some other rate based upon a cost 4. Adult motion pi ure arcade; factor. (Ord. 371 § 1 (part), 1984) 5. Adult motion ict theater, 6. Cabaret: 5.88.040 Location. 7. Encounte center or ra tudio; A. No adult entertainment establishment shall be 8. Figure odet studio. established in the following locations: B. All rmitted adult entertai ent establishments 1. In any zone other than the SI or service industrial shall com y with all regulations an ovisions of this zones; chapter ceps as otherwise provided in chapter.Noth- 2. Within five hundred feet of any R-1,R-2,R-3,PR, ing in. is chapter shall be construed as permitting any PC,PI zone and five hundred feet of any other C-I zones acu i otherwise prohibited by state or local law. (Ord. in the city of Palm Desert; 37 § I (part), 1994) 3. Within five hundred feet of any parcel of real property in which is located any of the following uses or 5.88.060 Amortization of nonconforming facilities:' uses. a. "Church"defined herein as any facility used prima i- The provisions of Title 25 of this code dealing with ly for worship of any religion,or used for other religious nonconforming uses shall not be applicable to adult enter- pmposes, tainment establishments.Iristead,the following amortization b. City,county, state, federal or other governmental schedule shall apply to all adult entertainment establishments public buildings. including but not limited to city halls, which do not conform to the terms of this chapter but libraries, police and fire stations and post offices, otherwise are legally existing on the effective date of the c. "Schools" defined herein as: ordinance codified in this chapter. i. Institutions for teaching minor children (e.g..day A. For an adult entertainment establishment leeally schools, elementary schools, secondary schools, high existing in the city of Palm Desert for a period of no less schools); and than six months preceding the effective date of the ordi- ii. Institutions of higher learning receiving approved nance codified in this chapten one hundred twenty days: graduates of preparatory school and offering instructions B. For an adult entertainment establishment legally in art,letters and science,leading to the bachelor's degree existing within the city of Palm Desert for a period of no or master's degree (e.g.. colleges and universities). less than three months preceding the effective date of the The aforesaid institutions may be funded and/or operated ordinance codified in this chapter ninety days; either by governmental public authorities or by private organizations: 4. Within five hundred feet of any other adult enter- tainment establishment; \ 115 (Ri n,Doren 7-921 5.88.060 C. For an adult entertainment establishment legally I. The permit required by this chapter shall be dis- existing within the city of Palm Desert for any period up played in a prominent area. (Ord. 371 § f (part). 1984) to three months preceding the effective date of the ordinance codified in this chapter. sixty days. (Ord. 371 § 1 (part), 5.88.080 Employment of and services 1994) rendered to minors prohibited. No holder of an adult entertainment establishment permit 5.88.070 Operational criteria. shall employ any person under eighteen years of age; nor In addition to the base zone requirements governing shall such permittee provide any service for which it use and minimum development standards, the following requires such permit to any patron, customer or person additional requirements shall be merby adult entertainment under eighteen years of age. (Ord. 371 § 1 (part), 1984) establishments: A. The use shall have a separate business entrance 5.88.090 Application for permit. adjacent to the required parking area and no other nonadult A. Any person,association,partnership or corpombon use shall be permitted in the same building space while desiring to obtain a business license tax certificate and a used as an adult entertainment establishment permit foran adult entertainment establishment shall make B. All signing and architectural graphics shall comply an application,under oath,to the city manager upon a form with the provisions of Title 25 of the code of the city of provided by the city manager showing: Palm Desert. 1. The name,current permanent residential address C. Maximum occupancy load, fire exits, aisles and and telephone number of the applicant; fire equipment shall be regulated,designed and provided 2. The business name,proposed business address of in accordance with the fire department and building and the adult entertainment establishment and its telephone safety division regulations and standards. number. D. All building operwtgs,entries,windows,etc.,shall a. If the applicant is a corporation,the name shall be be located; covered or screened in such a manner as to exactly as set forth in its articles of incorporation and it. prevent a view into the interior from outside the building. shall provide a copy of its articles of incorporation. The E. Lighting in Parking Lots.Lighting shall be required applicant shall show the name and residence address of which is designed to illuminate all off-street parking areas each of the officers,directors and each stockholder owning serving such use for the purpose of increasing the personal not less than ten percent of the stock of the corporation ' safety of store patrons and reducing the incidence of and the address of the corporation itself, if different than vandalism and theft. the address of the adult entertainment establishment. F. Amplified Sound.No loudspeakers or sound equip- b. If the applicant is a partnership,the application shall ment shall be used by an adult entertainment establishment show the name and residence address of each of the partners for the amplification of sound to a level discernible by including limited partners and the address of the partnership the public beyond the walls of the building in which such itself,if different than the address of the adult entertainment use is conducted. establishment: G. The building entrance to the adult use shall be 3. The name and permanent address of the owner of clearly and legibly posted by a notice indicating that minors the property upon which the applicant intends to locate are precluded from entering the premises.As used herein, the adult entertainment establishment.If the property owner "minor"means an individual less than eighteen years of is a corporation, the name shall be exactly as set forth in age• its articles of incorporation and the applicant shall show FL Commercial businesses licensed or operating within the name and residence address of each of the officers, the city shall not display or exhibit any material in a manner directors and stockholders owning not less than ten percent which exposes to public view photographs or illustrations of the stock of the corporation. If the property owner is of specified sexual activities or one or more naked adults a partnership, the application shall show the name and in poses which emphasize or direct the viewer's attention residence address of each of its partners,including limited to the subject's genitals.As used herein,"exposes to public partners: view," means exposes to the view of the person outside 4. In the event the applicant is not the owner of record the building in which the commercial business is located. of the real property upon which the adult enter- (Palm Dean 7-72) 116 5.88.090 tainment establishment is or will be located,the appli- and date of birth of the applicant.If the applicant is a cation must be accompanied by a notarized statement corporation, this requirement applies to each of the from the owner of record of the teal property acknowl- officers,directors and/or stockholders owning not less edging that an adult entertainment establishment is or than ten percent of the stock of the corporation.If the will be located on the property.In addition,the appli- applicant is a partnership, this requirement applies to cant must furnish a copy of the lease or rental agree- each of the partners,including limited partners; ment pertaining to the premises in which the adult 12. The business, occupation or employment his- entertainment establishment will be located; tory of the applicant for the last five-year period im- 5. The date, hours and location where the adult mediately preceding the date of filing of the applica- entertainment establishment is proposed to be con- tion.If the applicant is a corporation,this requirement ducted,and the admission fee,if any,to be charged; applies to each of the officers,directors,and/or stock- 6. The name(s) of person(s) having the manage- holders owning not less than ten percent of the stock of ment or supervision of the applicant's business; the corporation. If the applicant is a partnership, this 7. Whether or not the applicant has been convicted requirement applies to each of the partners,including of a crime, the nature of such offense, the date of limited partners; conviction,place convicted and the sentence received 13. Each residence and business address of the ap- therefor. plicant for the five-year period immediately preceding If the applicant is a corporation, this requirement the date of the filing of the application.If the applicant applies to each of the officers, directors and/or stock- is a corporation,this requirement applies to each of the holders owning not less than ten percent of the stock of officers,directors and/or stockholders owning not less the corporation. If the applicant is a partnership,this than ten percent of the stock of the corporation.If the requirement applies to each of the partners including applicant is a partnership,this requirement applies to limited partners; each of the partners,including limited partners; B. Whether or not the applicant has ever had any 14. One front-face portrait photograph of the ap- similar license or permit issued by such agency revoked plicant at least two inches by two inches and a complete or suspended,or has had any professional or vocational set of applicant's fingerprints which shall be taken by license or permit revoked or suspended, and the rea- the city police. If the applicant is a corporation, one sons therefor, and the business activity or occupation front-face portrait photograph at least two inches by subsequent to such action of suspension or revocation. two inches of all officers, directors and stockholders If the applicant is a corporation,this requirement ap- owning not less than ten percent of the stock of the plies to each of the officers,directors and/orstockhold- corporation and a complete set of the same officers', ers owning not less than ten percent of the stock of the directors'and stockholders'fingerprints which shall be corporation. If the applicant is a partnership, this re- taken by the city police.If the applicant is a partnership, quirement applies to each of the partners, including one front-face portrait photograph at least two inches limited partners; by two inches in size of each partner,including limited 9. Driver's license or other acceptable identifica- partners in the partnership,and a complete set of each tion and social security number of the applicant.If the partner or limited parmer's fingerprints which shall be applicant is a corporation,this requirement applies to taken by the city police; each of the officers, directors, and/or stockholders 15. A detailed description of the proposed enter- owning not less than ten percent of the stock of the tainment,including type of entertainment,number of corporation. If the applicant is a partnership,this re- persons engaged in the entertainment and any further quirement applies to each of the partners, including information about the entertainment or entertainers, limited partners; as the city manager may deem necessary-, 10. Acceptable written proof that the applicant is at 16. The name and address of any other adult enter- least eighteen years of age.If the applicant is a corpo- tainment establishment owned or operated by any per- ration,this requirement applies to each of the officers, son whose name is required to be given in subsection directors and/or stockholders owning not less than ten B; percent of the stock of the corporation.If the applicant 17. A description of any other business to be oper- is a partnership,this requirement applies to each of the ated on the same premises or on adjoining premises partners,including limited partners; owned or controlled by the applicant If the applicant 11. The height,weight, color of eyes, color of hair is a corporation,this requirement applies to each of the l 117 5.88.090 officers,directors and/or stockholders owning not less These departments shall within thirty days inspect the than ten percent of the stock of the corporation.If the premises proposed to be operated as an adult enter- applicant is a partnership,this requirement applies to tainment establishment and shall make written verifi- each of the partners,including limited partners; cation to the code compliance department concerning 18. Authorization for the city, its agents and em- compliance with the codes of the city,Riverside County ployees to seek information and conduct an investiga- and the state of California,that they administer.If such tion into the truth of the statements set forth in the premises are not in compliance, the code compliance application and the qualifications of the applicant for department shall notify the applicant,in writing,of the the permit; deficiencies, and shall cause the reinspection of such 19. Such other identification and information nec- premises to be made upon written request by the appli- essary to discover the truth of the matters required to cant;provided,however,that such request for reinspec- be set forth in the application; tion is made within thirty days after notice of noncom- 20. The names,current addresses and written state- pliance has been given by the code compliance ments of at least three bona fide permanent residents department.The application shall further be referred of the United States that the applicant is of good-moral to the city's police department for investigation of the character. If the applicant is able,the statement must applicant's character and qualifications.The city man- first be furnished from residents of the city, then the ager shall cause the application to be set for hearing county,then the state of California,and lastly,from the before the city council and shall notify the applicant of rest of the United States. These references must be the date of such hearing. persons other than relatives and business associates.If B. The aforesaid procedure shall apply to renewal the applicant is a corporation,this requirement applies applications for permits.(Ord.371§ 1 (part),1984) to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the 5.88.120 Hearing notice. corporation. If the applicant is a partnership, this re- After the city manager has set the application for qurement applies to each of the partners, including hearing,he shall cause notice of the hearing to be given limited partners; within days to all roe owners within three > Y yS property rty 21. Applicant must furnish for any person whose hundred feet of rtiP ni�c or actual location of the ed 4 name is required to be given in subsection 6 the infor- applicant's business. For the purpose of this section, mation requested by subsections 1,9,10,11,12,13,14, notice to property owners shall be sufficient if given to 16,18,19 and 20. those property owners who appear as such on the last B. The holder of the permit for an adult entertain- equalized assessment roll on file with the city. Addi- ment establishment shall notify the city's code compli- tionally,the city manager shall cause a public notice to ance department of each change in any of the data be published in a newspaper of general circulation ten required to be furnished by this section within ten days days prior to the hearing date.All notices provided for after such change occurs.(Ord.472§1,1986;Ord.371 in this section shall be in the form and manner as §1(part), 1984) determined by the city manager. (Ord. 371 § 1 (part), 5.88.100 Renewal of permit 1984) Upon application for a renewal permit, the appli- 5.88.130 Procedure of hearing. cant shall provide all of the information set forth in At the time and place set for public hearing as to any Section 5.88.090.(Ord.371 §1(part), 1984) application, the city council shall hear and determine all facts and evidence relevant to the nature and loca- 5.88.110 Investigation. tion of the proposed adult entertainment establish- A. After an application permit has been filed with meat and the character, reputation ar moral ess the city manager,he shall cause an investigation to be of those who will conduct,participate in or charge made by the city's code compliance department. The of such adult entertainment establishment.(Ord.371§ code compliance department shall refer copies of the 1(part),1984) application to the following departments within five days of receipt of the application:the city's department 5.88.140 Fmdings of hearing. of building and safety, the Riverside County Health At the conclusion of the hearing before the city Department, the Riverside County Fire Marshal. council,the city council shall grant an application for 118 5.88.140 an adult entertainment establishment permit if it finds requirement applies to each of the partners,including and determines all of the following: limited partners; A. The traffic generated by the proposed use will H. The city may issue a license or permit to any not impose a greater burden upon the streets and person convicted of any of the crimes described in highways in the area than similar use in the area; subsections D 1 or 2 of this section if it finds that such B. The conduct of the adult entertainment estab- conviction occurred at least five years prior to the date lishment, as proposed by the applicant, if permitted, of the application and the applicant has had no subse- will comply with all applicable laws,including but not quent felony convictions of any nature and no subse- limited to the city's building,zoning and health regula- quent misdemeanor convictions for crime mentioned tions; in this section.(Ord.371§ 1 (part),1984) C. The applicant has not knowingly made any false, misleading or fraudulent statements of fact in the per- 5.88.150 Denial,suspension,revocation of mit application,or any other document required by the permih city in conjunction therewith;if the applicant is a cor- es poration,this requirement applies to each of the offi- After notice andhearcZiing pursuant to denhe y, suspend or cers,directors and/or stockholders owning notless than provided herein the city council shall deny,suspend or p this revoke any permit applied for, or issued under this ten percent the stock the corporation. the chapter,if it finds and determines that: applicant is a partnership,this requirement applies to A. The business as conducted by permittee, its each of the partners,including limited partners-, agent(s)or ein to ee s or an person(s)s connected or D. The applicant or any other person who will be s h y permittee yp ( ) directly engaged in the management and operation of associated with the r,o stockholder general partner, not the place of the adult entertainment establishment: Iced partner,director,officer,stockholder owning not Has not done any act involving dishonesty,fraud less than ten percent other the stock ), the corporation, ng ordeceitwiththeintenttosubstantiallybenefithimself, general manauthger oityofor o nbehalfof penexercittee herself or another,or substantia m1 a another,or managerial authority on or on behalf of p does n t -- 2 Has not been convicted any e.A"conic- acting under the authority of such permit, does not comply with all applicable laws,including but not lim- lion"shall mean a plea orverdic tyorconviction. ited to the city's building, zoning and health regula- following a plea of tions;or to contendere,unless the convic- tion was so to time as to indicate that the B. Permittee,its agents or employee(s),or any per- applicant has bee rehabilitated, or the applicant has son connected or associated with the permittee as gen- presented evidence to the chief of police which shows eral partner, limited partner, director, officer, stock- to the satisfaction of the chief of police that the appli- holder owning not less than ten percent of the stock of cant has been rehabilitated, the corporation orgeneral manager or otherperson(s), 3. The act or crime referred to in subsection D 1 or who is exercising managerial authority of,or on behalf D 2 hereinabove must be substantially related to the of permittee,acting under the authority of such permit, qualifications,functions or duties of a person engaged has: in the business or practice of the adult entertainment 1. Knowingly procured such permit by false state- establishment; meats,representations or nondisclosure of a material E. The correct permit fee has been tendered to the fact when such fact would have constituted good cause city and,in the case of a check or bank draft,honored for denying the application for such permit or any with payment upon presentation; document required by the city in conjunction there- F. The applicant has not had an adult entertain- with,or ment establishment or other similar permit denied, 2 Ceased to meet any of the requirements for issu- revoked or suspended by the city or any other state or ance of a permit,or local agency within five years prior to the date of the 3. Failed to enforce any of the regulations set forth application; in this chapter or to cooperate with the police depart- G. The applicant is not under the age of eighteen ment by promptly reporting any fight, brawl or other yearslf the applicantisacorporation,thisrequirement unlawful activities occurring on the premises,or applies to each of the officers,directors and/or stock- 4. Done any act involving dishonesty, fraud or Be- holders owning not less than ten percent of the stock of ceit with the intent to substantially benefit himself, the corporation. If the applicant is a partnership,this herself or another,or substantially injure another,or 119 5.88.150 5. Been convicted of a crime. "Conviction" shall not in conflict or derogation of any other actions or ` mean a plea orverdict of guilty or conviction following proceedings or remedies otherwise provided by law. a plea of nolo contendere,unless the conviction was so (Ord.371§1(part),1984) remote in time as to indicate that the applicant has been rehabilitated, or such individual has presented evi- 5.88.200 Conducting business as a nuisance. dence to the chief of police which shows to the satisfac- Any adult entertainment establishment operated, tion of the chief of police that the individual has been conducted or maintained contrary to the provisions of rehabilitated, this chapter shall be and the same is declared to be 6. Such denial may be made only if the act or crime unlawful and a public nuisance, and the city attorney referred to in subsection B 4 or B 5 hereinabove must may,in addition to or in lieu of prosecuting a criminal be substantially related to the qualifications,functions action, in accordance with Title 1 of this code, com- ordutiesof a person engaged in the business orpractice mence an action(s)orproceeding(s)forthe abatement, of an adult entertainment establishment; removal or enjoinment thereof,in the manner provided C. The premises for which the permit was issued is by law;and shall take such other steps and shall apply being operated in an illegal or disorderly manner,or to such court(s)as may have jurisdiction to grant such D. Noise from the establishment for which the per- relief as will abate or remove such businesses and mit was issued interferes with the peace and quiet of the neighborhood.(Ord.371§ 1(part),1984) restrain and enjoin any person from o erating, con- the r assa a establishment, a ouse,�scort bureau or introductory service contrary 5.88.160 Appreva . to the provisions of this chapter. (Ord.371 § 1 (pa , The cit�councrl shall act to approve or deny 1984) application for a permit under this chapter within a reasonable period of time and in no event shall the city 5.88.210 Sale or transfer or change of location. council act later than ninety days from the date that the Upon sale,transfer or relocation of an adult enter- applicationwasacceptedbythecity'scodecomplian tainment establishment, the permit therefor shall be dep ent.(Ord art 1984) null and void unless approved as provided in Section 5.88.140; provided, however, that upon the death or 5.88.170 Inspection required. incapacity of the permittee, heir or devisee of a de- The city police shall from time to time make inspec- ceased permittee,or any guardian of an heir or devisee tion of each adult entertainment establishment for the of a deceased permittee,may continue the adult enter- purposes of determining that the provisions of this tainment establishment for a reasonable period of time chapter are fully complied with. It is unlawful for any not to exceed sixty days to allow for an orderly transfer permittee to fail to allow such inspection officer access of the permit(Ord.371§1 (part),1984) to the premises or hinder such officer in any manner. (Ord.371 § 1 (part),1984) 5.88.220 Transfer of permit. No pe be trans rable except with the con- 5.88.180 Violation—Penalties. lento itycoun ' Ction for such transfer Any person violating any of the provisions,or failing shall and shall be accompanied by fees to comply with any of the requirements,of this chapter prescribed in Section 5.88.030.The written application shall be guilty of a misdemeanor and upon conviction for such transfer shall contain the same information as thereof,shall be punishable by a fine not to exceed five requested herein for initial application for the permit. hundred dollars,or by imprisonment in the county jag (Ord 371§ I(part),1984) for a period of not more than six months,or by both such fine and imprisonment. Each day a violation is 5.88.230 Severance clause. committed or permitted to continue shall constitute a If any section,subsection, subpart or provision of separate offense.(Ord 371§I (part),1984) this chapter or the application thereof to any person, property or circumstance is held invalid,the remainder 5.88.190 Other remedies. of the chapter and the application of such to other The provisions of Sections 5.88.130 and 5.88.200 of persons, properties or circumstances shall not be af- this chapter are to be construed as added remedies and fected thereby.(Ord 371§1(part),1984) 120 ORDINANCE NO. AN ORDINANCE OF THE CITY OF INDIO, ADDING CHAPTER 120 TO THE CODE OF THE CITY OF INDIO TO PROVIDE FOR THE LICENSING AND REGULATION OF SEXUALLY ORIENTED BUSINESSES, DELETING CHAPTER 25. 65 REGARDING ADULT ENTERTAINMENT ESTABLISHMENTS; AND ADDING "SEXUALLY ORIENTED BUSINESSES" AS A PERMITTED USE IN THE I-P (INDUSTRIAL PARK) ZONE The City Council of the City of Indio, California, does hereby find as follows: WHEREAS, sexually oriented businesses in the incorporated area of the City of Indio require special supervision from public safety and health agencies of the City and County of Riverside in order to protect and preserve the health, safety and welfare of the patrons of such businesses as well as citizens of the City; and WHEREAS, the City Council and staff have conducted an extensive review of land use studies concerning the secondary effects of sexually oriented businesses in other cities including, but not limited to, Garden Grove, California (1991) ; Phoenix, Arizona (1986) ; Minneapolis, Minnesota (1980) ; Houston, Texas (1983) ; Indianapolis, Indiana (1984) ; Amarillo, Texas (1977) ; City of Los Angeles, California (1977) ; Cleveland, Ohio (1977) ; Austin, Texas (1986) ; Seattle, Washington (1989) ; Oklahoma City (1986) ; Beaumont, Texas (1982) ; and Whittier, California (1978) ; have conducted its own studies, surveys and questionnaires of real estate appraisers, business persons and residents in Indio; and WHEREAS, from review of the other cities ' studies and the City's own surveys and testimony from its citizens, there is convincing documented evidence that sexually oriented businesses, because of their very nature, have a deleterious effect on both existing businesses around them and the surrounding residential areas adjacent to them, causing among other adverse secondary effects, increased crime and downgrading of property values; and WHEREAS, it is recognized that sexually oriented businesses, due to their nature, have serious objectional operational characteristics, particularly when they are operating in close proximity to each other, thereby contributing to crime, lower property values, urban blight and downgrading of the quality of life in the adjacent area; and WHEREAS, the City Council finds that sexually oriented businesses are frequently used for sexual activities including prostitution and for other sexual liaisons of casual nature in places open to the public; and RWH54487 WHEREAS, increased crime and unhealthful conduct tend to accompany, concentrate around and be aggravated by sexually oriented businesses; such crime and unhealthful conduct includes but is not limited to prostitution, pandering, exposing minors to harmful materials, possession and distribution of obscene materials and child pornography, possession and sale of controlled substances and violent crimes against persons and property; and WHEREAS, concern over sexually transmitted diseases, including AIDS, is a legitimate health concern of the City which demands reasonable regulations of Sexually Oriented Businesses in order to protect the health and well being of the citizens; and WHEREAS, the City Council has considered in part, each of the following matters: (a) areas within close walking distance of single and multiple family dwellings should be free of sexually oriented business uses; (b) areas where children could be expected to walk, patronize, or frequent should be free of sexually oriented business uses; (c) sexually oriented business uses should be located in areas of the City which are not in close proximity to residential uses, churches, parks, or other public facilities and schools regularly frequented by children; (d) the image of the City as a pleasant attractive place to reside will be adversely affected by the presence of sexually oriented business uses in close proximity to residential land uses, churches, parks and other public facilities, and schools; (e) sexually oriented business uses should be regulated by zoning to separate them from other incompatible uses or uses which detract from other retail businesses, in particular, just as any other land use should be separated from uses with characteristics different from itself; (f) residents of the City and persons who are non-residents but use the City for shopping and other commercial needs will move from the community or shop elsewhere if sexually oriented business land uses are allowed tc locate in close proximity to residential uses, churches, parks, and other public facilities, and schools; (g) appraisers familiar with commercial and residential properties in the City have expressed their opinion that the presence of sexually oriented businesses near homes substantially increases crime and substantially decreases property values of such homes, and that location of such businesses in commercial areas tends to detract from the value of nearby commercial properties as well, and at the same time tends to lead to a substantial increase in crime, substantial decrease in safety of women and children, and to detract from the ability to attract other businesses to the area, as well as to detract from the ability of non-sexually oriented businesses to attract customers to the area, and (h) no evidence has been presented to show that location of sexually oriented businesses within the City will improve the commercial viability or quality of life of the community; and WHEREAS, zoning, licensing and other police power regulations are legitimate, reasonable means of accountability to help protect the quality of'' life in the community and to help assure that all operators of sexually oriented businesses comply with reasonable RWH54487 -2- regulations and are located in places that minimize the adverse secondary effects which naturally accompany the operation of such businesses; and WHEREAS, the City recognizes the possible harmful effects on children and minors exposed to the effects of such businesses and the deterioration of respect for family values, and the need and desire of children and minors to stay away from and avoid such businesses, .wh_ch causes children to be fearful and cautious when walking through or visiting in the immediate neighborhood of such businesses; and WHEREAS, the City Council finds that there would be a deterioration in the quality of businesses which choose to operate in and around sexually oriented businesses; and WHEREAS, The City Council desires to minimize and control these adverse secondary effects and thereby protect the health, safety and welfare of the citizens; protect the citizens from increased crime; preserve the quality of life; preserve the property values and the character of surrounding neighborhoods and businesses, deter the spread of urban blight and protect against the threat to health from the spread of communicable and sexually transmitted diseases; and WHEREAS, the City Council has considered the decisions of the United States Vupreme Court regarding local regulation of sexually oriented businesses, including but not limited to, Young v. American Mini-Theatres, Inc. ,. 427 U.S. 50 (1976) reh. denied 429 U.S. 873; Renton v. Playtime Theatres, 475 U.S. 41 (1986) reh. denied 475 U.S. 1132 ; FW/PBS, Inc. v. Dallas, 493 U.S. 215 (1990) ; Barnes v. Glen Theatre, 111 S.Ct. 2456 (June 21, 1991) ; and WHEREAS, the City Council has determined that locational criteria alone do not adequately protect health, safety and general welfare of the people of the City and thus imposition of certain requirements with respect to the ownership and operation of sexually oriented businesses is in the public interest; and WHEREAS, the City Council, consistent with limitations on the sale of alcohol, further finds that restricted hours of operation will further prevent the adverse secondary effects of sexually oriented business; and WHEREAS, d:t is not the intent of this ordinance to suppress any speech activities protected by the First Amendment, but to enact a content neutral ordinance which addresses the adverse secondary effects of sexually oriented businesses; and WHEREAS, it is not the intent of the City Council to condone or legitimize the distribution of obscene material, and the Council recognizes that state law prohibits the distribution of obscene materials and expects and encourages law enforcement state and RWH54487 -3- local enforcement officials to enforce state obscenity statutes against such illegal activities in the City; and NOW THEREFORE, The City Council of the City of Indio does ordain as follows: SECTION 1. Pursuant to state and local environmental governments, it has been determined that the regulations encompassed in this ordinance are not considered to have a significant impact on the environment. The proposed action is further deemed to be classified as a Categorical Exemption pursuant to the state and city environmental regulation. SECTION 2 . Chapter 120 is hereby added to the Code of the City of Indio to read as follows: "CHAPTER 120 SEXUALLY ORIENTED BUSINESSES a SECTION 1':.`0. 01. PURPOSE AND INTENT. It is the purpose and intent of this,, ordinance to regulate sexually oriented businesses to promote the health, safety, and general welfare of the citizens of the City and to establish reasonable and uniform regulations to prevent any deleterious effects of sexually oriented businesses within the City. The provisions of this Ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this Ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent or effect of this Ordinance to in any way condone or legitimize the distribution of obscene material or material harmful to minors. 5•qs' 2'0 SECTION 120. 02 . DEFINITIONS. For the purposes of this divis n certain terms and words are defined as follows: (a. "Sexually oriented businesses" are those businesses defined as follows: (1) "Adult arcade" means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons each, are regularly available or used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas". a RWH54487 -4- (2) "Adult Bookstore" , "Adult Novelty Store" or "Adult Video Store" means a commercial establishment which (1) has as a significant or substantial portion of its stock-in-trade or (2) derives a significant or substantial portion of its revenues or (3) devotes a significant or substantial portion of its interior floor or display space or (4) devotes a significant or substantial portion of its business activities or employees ' time, or advertising, to the sale, rental or viewing for any form of �O'consideration, of any one or more of the following: .(a) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; (b) Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities" . (c) An establishment may have other significant or substantial business purposes that do not involve the offering for sale rental or viewing of materials, depicting or describing a "specified sexual activities" or "specified anatomical areas" , and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as 'one of its significant or substantial business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe "specified anatomical areas" or "specified, sexual activities. " (3) "Adult cabaret" means a nightclub, bar, restaurant "bottle shop" , or similar commercial establishment, whether or not alcoholic beverages are served, which features: (a) persons who appear nude or in a state of nudity or semi-nude; (b) live performances {which are characterized by the exposure of Mspecified anatomical areas" or by "specified sexual activities" , or (c) films, motion pictures, 'video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" . RWH54487 -5= (4) "Adult motel" means a motel, hotel or similar commercial establishment which: (a) offers public taccommodations, for any form of consideration, and which regularly provides or makes available to aatrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions .which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television, or (b) offers a sleeping room for rent for a period of time less than ten (10) hours; or (c) allows a tenant or occupant to rent or sub-rent the sleeping room for a time period of less than ten (10) hours. (5) "Adult motion picture theater" means a commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions depicting or describing "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration. (6) "Adult theatre" means a theater, concert hall, auditorium, or similar commercial establishment which, for any form or consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of "specified anatomical areas" or by "specified sexual activities. " 5���- ,f a r"t (7) 'Iscort" means a person who, for any form of �•� c sideration, agrees or offers to act as a K companion, guide, or date for another person, for �c�al Durposee or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. (8) "Escort Agency" means a person or business a sciation who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary iness purposes for a fee, tip, or other consideration. 101 (9) 1Massage parlor" means any place where, for any -f f of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or m etic treatments, or any other treatment manipulation of the human body which occur as a RYN5"487 , -6- part of or in connection with "specified sexual activities", or where any person providing such treatment, manipulation, or service related thereto, exposes "specified anatomical areas". The definition of sexually oriented businesses shall not include the practice of massage in any licensed hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program. � or (10) "Semi-Nude Model Studio" means anyplace where a person, who appears in a state of semi-nudity or displays "specified anatomical areas" is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. The definition of "sexually oriented businesses" shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy. (11) "Sexual encounter establishment" means a business or commercial establishment, that as one of its important business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of "specified sexual activities" or the exposure of "specified anatomical areas" or activities when one or more of the persons is in a state of nudity or semi-nude. (12) "Significant or substantial portion" means such a percentage of its activities, space allocation, revenues, advertising targeting, stock in trade, floor or display space, business receipts, revenues, or other business undertakings as to indicate to a reasonable person that the sexually oriented portion of the business is one of its important activities, though not necessarily its only or even primary activity; for this purpose, evidence that 33% or more of its revenues are derived from such sexually oriented activities or materials, or that 33% or more of its interior floor space or display space is devoted to such sexually oriented activities or materials, or that 33% or more of its actual stock in trade regularly displayed and immediately available for use, RWHS"87 -7- rental, purchase, viewing or perusal is comprised of such sexually oriented materials, all as defined in the subsections (a) and (b) of subsection 2 of this Section, shall be evidence that a "significant or substantial portion" of the business is devoted to such uses. b. "Employee" means a person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business. C. "Establishment" means and includes any of the following: (1) The opening or commencement of any such business as a new business; (2) The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this chapter; (3) The addition of any of the sexually oriented businesses defined in this chapter to any other existing sexually oriented business; or (4) The relocation of any such sexually oriented business; or (5) The substantial enlargement of any such sexually oriented business. d. . "Nudity or State of Nudity" means: (a) the appearance or display of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or (b) a state of dress which fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast. e. "Operator" means and includes the owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises. f. "Permitted or Licensed Premises" means any premises that requires a license and/or permit and that is classified as a sexually oriented business. g. nPermittee and/or Licensee" means a person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit nd/or license. RWH54487 -8- h. "Person" means an individual, proprietorship, partnership, corporation, association, or other legal entity. i. "Public building" means any building owned, leased or held by the United States, the state, the county, the City, any special district, school district, or any other agency or political subdivision of the state or the United States. j . "Public. park" or "recreation area" means public land which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space, wilderness areas, or similar public land within the City whicii is under the control, operation, or management of the City park and recreation authorities. k. "Religious institution" means any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities. 1. "Residential District" means an area zoned for single family homes, duplexes, townhomes, multiple family residences, mobilehome parks or subdivisions, and recreational vehicle parks, as defined in the Indio City Zoning Ordinance. . M. "School" means any public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schor>ls, secondary schools, continuation schools, special education schools, junior colleges, and universities. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school. n. "Semi-Nude" means a state of dress in which clothing covers no more than the genitals, pubic, region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices. o. "Sexually Oriented Business" means an adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion picture theatre, adult theatre, , sexual encounter establishment, escort agency or nude model studio. P. "Specified Anatomical Areas, as used herein means and includes any of the following: RWH54487 -9- (1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. q. "Specified Criminal Acts" shall mean acts which are sexu;Al crimes against children, sexual abuse, rape or crimes connected with another sexually oriented business included but not limited to distribution of obscenity or material harmful to minors, prostitution or pandering. 1 fyd r. "Specified Sexual Activities, " as used in this Division, ' means and includes any of the following: a � . (1) The fondling or other intentional touching- a-n genitals--o r r es 1, or fondling or other intentional touching of human genitals, pubic region, anus, or female breasts; (2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, orn, or sodomy; (3) Masturbation, actual or simulated, or (4) ;Human genitals in a state of sexual stimulation, arousal or tumescence; (5) Excretory functions as part of or in connection with any of the activities set forth in subdivisions (1) through (4) of this subsection. S. "Substantial Enlargement of a Sexually Oriented Business" means increase in the floor areas occupied by the business by more than 15%, as the floor areas existed on the effective date of this Ordinance. t. "Transfer of Ownership or Control of a Sexually Oriented Business" means and includes any of the following: (1) The sale, lease or sublease of the business (2) The transfer of securities which constitute a controlling interest in the business, whether by " sale, exchange or similar means; (3) The establishment of a trust, gift or other similar legal devise which transfers ownership or control . of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership of control. Rux5"87 -10- SECTION 120. 03 . PERMIT REQUIRED; APPLICATION PROCESS. a. No sexually oriented business shall be permitted to operate without a valid sexually oriented business permit issued by the City for the particular type of business. It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business without said permit. b. It shall be unlawful and a person commits a misdemeanor if he/she transfers, or attempts to transfer, ownership or control of a sexually oriented business without the transferee first having filed and obtained approval of a license hereunder. C. The City' s designee is responsible for granting, denying, revoking, renewing, suspending, and canceling sexually oriented business permits for proposed or existing sexually oriented businesses. The City or designee is also responsible for ascertaining whether a proposed sexually oriented business for which a permit is being applied for complies with all locational requirements of Section 120. 17 of this Ordinance. All applicable zoning laws and/or regulations now in effect or as amended or enacted subsequent to the effective date of this ordinance. The City's designee is responsible for inspecting a proposed, permitted or non-permitted sexually oriented business in order to ascertain whether it is in compliance with applicable statutes and ordinances. d. An application for a permit must be made on a form provided by the City. Any person desiring to operate a sexually oriented business shall file with the City an original and two copies of a sworn permit application on the standard application form supplied by the City or designee. e. The completed application shall contain the following information and shall be accompanied by the following documents: (1) If the applicant is: (a) an individual, the individual shall state his/her legal name and any aliases and submit satisfactory proof that he/she is eighteen years of age; (b) a partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, RWH54487 -11- a and a copy of the partnership agreement, if any; (c) a corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers, directors and principal stockholders, and the name of the registered corporate agent and the address of the registered office for service of process. (2) If the applicant intends to operate the sexually oriented business under a name other than that of the applicant; he must state 1) the sexually oriented business's fictitious name and 2) submit the required California registration documents. (3) Whether the applicant or any of the other individuals listed pursuant to Section 120.03 (e) has, within the two (2) or five (5) year period as specified in Section 120. 05 (c) (1) (j) immediately preceding the date of the application, been convicted of a specified criminal act, and, if so, the specified criminal act involved, the date of conviction and the place of conviction. (4) Whether the applicant or any of the other individuals listed pursuant to Section 120. 03 (e) has had a previous permit under this Ordinance or other similar sexually oriented business ordinances from this City or another city or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or any other individuals listed pursuant to Section 120.03 (e) has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is permitted under this Ordinance whose permit has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation. (5) Whether the applicant or any other individual listed pursuant to Section 120.03 (e) holds or has any legal interest in any other permits and/or licenses under this Ordinance or other similar sexually oriented business ordinance from another auxsu87 -12- city or county and, if so, the names and locations of such other permitted businesses. (6) The single classification of permit for which the applicant is filing. (7) The location of the proposed sexually oriented business, including a legal description of the property, street address, and telephone number(s) , if any. . (8) The applicant's mailing addresses and residential address. (9) A recent photograph of the applicant. (10) The applicant's driver's permit number, Social Security number, and or his/her State or federally issued tax identification number. (11) A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches. (12) A current certificate and straight-line drawing prepared within thirty (30) days prior to application by a California registered land surveyor depicting the property lines and the structures containing any established existing uses regulated by this Ordinance within five hundred (500) feet of the property to be certified; the property lines of any established religious institution/synagogue, school, or public park or recreation area or public building within one thousand (1, 000) feet of the property to be certified; the property lines of any business involving an on-premises sale of liquor or alcoholic beverages within two hundred fifty (250) feet of the property to be certified; the property lines of any residentially zoned area or residential property within one thousand (1, 000) feet of the property to be certified; and the property lines of any area zoned other than a residential zone or IP (Industrial Park) zone within two hundred and fifty (250) feet of the property ; to be certified. For purposes of this Section, a use shall be considered existing or established if it is in existence at the time an application is submitted. RWH54487 -13- (13) If a person who wishes to operate a sexually oriented business is an individual, he/she must sign the ;application for a permit as applicant. If a person .who wishes to operate a sexually oriented business ' is other than an individual, each individual who has a ten percent (10%) or greater interest in the business must sign the application for a permit as applicant. If a corporation is listed as Owner of a sexually oriented business or as the entity which wishes to operate such a business, each individual having a ten percent (10%) or greater interest in the corporation must sign the application for a permit as applicant. (14) If a person wishes to operate a sexually oriented business which shall exhibit on the premises films, video cassettes, or other video reproductions which depict specified sexual activities or specified anatomical areas, then said person shall comply with the application requirements stated at Section 120. 13 . f. Applicants for a permit under this Section shall have a continuing duty to promptly supplement application information required by this Section in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within thirty (30) days from the date of such change, by supplementing the application on file with the City's designee, shall be grounds for suspension of a permit. g. Notwithstanding the "receipt" or "filing" of an application pursuant to Section 120. 04, in the event that the City or its designee determines or learns at any time that the applicant has improperly completed the application for a proposed sexually oriented business, he/she shall promptly notify the applicant of such fact and allow the applicant ten (10) days to properly complete the application. (The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application. ) h. The applicant must be qualified according to the provisions of this Ordinance and the premises must be inspected and found to be in compliance with health, fire and building codes and laws. i. The applicant shall be required to pay a non-refundable application fee of one hundred dollars (100. 00) at the time of filing an application under this Section of this ordinance. RWH54487 -14- j . Prior to obtaining any permit or license occupational license to operate any business defined in this Ordinance, and as part of any application for a permit under this Section, the applicant shall obtain from the City or its designee a certification that the proposed location of such business complies with the locational requirements of Section 120.17 . k. The fact that a person possesses other types of State or ci Perits and/or licenses es not the requirement o exempt him/her rement of obtaining asexuallyorie oriented business permit. 1. By applying for a permit under this Ordinance, the applicant shall be deemed to have consented to the provisions of this Ordinance and to the exercise by the City or its designee, the Chief of police's office and all other City agencies charged with enforcing the laws, ordinances and codes applicable in the City of their respective responsibilities under this Ordinance. SECTION 120.04 . INVESTIGATION AND APPLICATION. a. Upon receipt of an application properly filed with the city and upon payment of the non-refundable application fee, the City or its designee, shall immediately stamp the i.pplication as received subject to the provisions of Section 120. 03 (g) . The person receiving the application shall immediately thereafter send photocopies of the application to the Chief of Police's office and any other City agencies responsible for enforcement of health, fire and building codes and laws. Each department or agency shall promptly conduct an investigation of the applicant, application and the proposed sexually oriented business in accordance with its responsibilities under law and as set forth in this Ordinance. Said investigation shall be completed within twenty (20) days of receipt of the application by the City or its designee. At the conclusion of its investigation, each department or agency shall indicate on the photocopy of the application its approval or disapproval of the application, date it, sign it, and, in the event it disapproves, state the reasons therefor. The Chief of Police' s office shall only , be required to check local and state summary criminal history information, including NCIC, and certify whet:ier disqualifying criminal history has been discovered. The Chief of Police's office shall not be required to approve or disapprove applications. For this purpose, the Chief of Police is specifically authorized by the City Council pursuant to California Penal Code Section 133001 and 11105 to obtain such information as relates to disqualifying criminal convictions for licensing purposes, as specified in Section -15- RUH5"87 120. 05 (c) (1) (j) and to disclose so much of the information obtained to the City's designee as directly relates to such disqualifying criminal history, for such appropriate action as is required based upon such specified criminal conduct applicable to the subject applicant. No information shall be relayed relating to a criminal arrest not resulting in conviction, or to a criminal arrest for which pretrial or post-trial diversion has been ordered. b. A department or agency shall disapprove an application if it finds that the proposed sexually oriented business will be in violation of any provision of any statute, code, ordinance, regulation or other law in effect in the City. After its indication of approval or disapproval, each department or agency shall immediately return the photocopy of the application to the City or its designee. SECTION 1::0. 05. ISSUANCE OF PERMIT. a. The `City or its designee, shall grant or deny an application for a permit within thirty (30) days from the date of its proper filing. Upon the expiration of the thirtieth (30th) day, unless the applicant requests and is granted a reasonable extension of time, the applicant shall be permitted to begin operating the business for which the permit is sought, unless and until the City or its designee, notifies the applicant of a denial of the application and states the reason(s) for that denial. b. Grant of Application for Permit (1) The City its designee, shall grant the application unless one or more of the criteria set forth in Section c below is present. (2) The permit, if granted, shall state on its face the name of the person or persons to whom it is ..granted, the expiration date, and the address of the sexually oriented business. The permit shall also indicate that the Sexually Oriented Business whether ' permitted or not may be subject to prohibitions against Public Nudity and Indecency pursuant to applicable California statutes. The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it can be easily read at any time. C. Denial of Application for Permit (1) The City or its designee, shall deny the application for any of the following reasons: AYH5"87 -16- • i (a) An applicant is under eighteen years of age. (b) An applicant or an applicant's spouse is overdue on his/her payment to the City of taxes, fees, fines, or penalties assessed against him/her or imposed upon him/her in relation to a sexually oriented business. (c) An applicant is residing with a person who has been denied a permit by the City to operate a sexually oriented business within the preceding twelve (12) months, or residing with a person whose permit to operate a sexually oriented business has been revoked within the preceding twelve (12) months. (d) An applicant has failed to provide information required by this Section or permit application for the issuance of the permit or has falsely answered a question or request for information on the application form. (e) The premises to be used for the sexually oriented business have not been approved as being in compliance with health, fire and building codes by the department or agency responsible under law for investigating said compliance. (f) The application or permit fees required by this Ordinance have not been paid. (g) An applicant of the proposed business is in violation of, or is not in compliance with, any of the provisions of this Ordinance including but not limited to the locational requirements for a sexually oriented business under Section 120. 17. (h) The granting of the application would violate a statute, ordinance, or court order. (i) The applicant has a permit under this Ordinance which has been suspended or revoked. (j) An applicant has been convicted of a "specified criminal" act for which: (1) less than two (2) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the "specified criminal" acts which are sexual crimes RWH54487 -17- permit at the location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial, the application shall be denied. SECTION 120. 06. ANNUAL PERMIT FEE. The annual fee for a sexually oriented business permit is Eight Hundred Fifty Dollars ($850.00) , to partially offset the costs of monitoring and policing the operations of the business entities involved. The City Council hereby determines that the actual cost of monitoring and policing each such business is at least that amount. SECTION 120. 07. INSPECTION. a. An applicant or permittee shall permit representatives of the City Chief of Police's offices, the County Health Department, and the Fire Department to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time it is occupied or open for business. b. It shall be unlawful and a person who operates a sexually oriented business, regardless of whether or not a permit has been issued for said business under this Ordinance, or his/her agent or employee commits a misdemeanor if he/she refuses to permit such lawful inspection of the premises at any time that it is occupied or open for business. SECTION 1::0. 08 . EXPIRATION OF PERMIT. a. Each permit shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in Section 120.03 (for renewals, filing of original survey shall be sufficient) of this Ordinance. Application for renewal shall be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the permit will not be affected. b. When the City or its designee, denies renewal of the permit, the applicant shall not be issued a permit under this Ordinance for one (1) year from the date of denial. If, subsequent to denial, the City or its designee, finds that the basis for denial of the renewal of the permit has been corrected, the applicant shall be granted a permit if at least ninety (90) days have elapsed since the date denial became final. RWH54487 -19- SECTION 120. 09 . SUSPENSION OF PERMIT. a. The City or its designee, shall suspend a permit for a period not to exceed thirty (30) days if he/she determines that a permittee, or an employee of a permittee, has: (1) Violated or is not in compliance with any section of this Ordinance; or (2) Engaged in excessive use of alcoholic beverages while on the sexually oriented business premises; or (3) Refused to allow an inspection of sexually oriented business premises as authorized by this ordinance; or (4) Knowingly permitted gambling by any person on the sexually oriented business premises; or (5) Operated ' the sexually oriented business in violation of a building, fire, health, or zoning statute, code, ordinance or regulation, whether federal, state or local, said determination being based on investigation by the division, department or agency charged with enforcing said rules or laws. In the event of such statute, ' code, ordinance or regulation violation, the City or its designee, shall promptly notify the permittee of the violation and shall allow the permittee a seven (7) day period in which to correct the violation. If the permittee fails to correct the violation before the expiration of the seven (7) day period, the City or . its designee, shall forthwith suspend the permit and shall notify the permittee of the suspension; or (6) Engaged in permit transfer contrary to Section 120. 03 (b) of this Ordinance. In the event that the City or its designee, suspends a permit on the ground that a permittee engaged in a permit transfer contrary to Section 120. 03 (b) of this Ordinance, the City or its designee shall forthwith notify the permittee of the suspension. The suspension shall remain in effect until the applicable section of this Ordinance has been satisfied; or (7) Operated the sexually oriented business in violation of the hours of operation Section 120.16. RWH54487 -2 0- (8) Been convicted of an act for which initial denial of a license would have been required pursuant to Section 120. 05 (c) (1) (j) . b. The suspension shall remain in effect until the violation of the statute, code, ordinance or regulation in question has been corrected. SECTION 120. 10. REVOCATION OF PERMIT. a. The City or its designee shall revoke a permit if a cause of suspension in Section 120. 09 of this Ordinance occurs and the permit has been suspended within the preceding twelve (12) , months. b. The City or its designee, shall revoke a permit upon determining that: (1) A permittee gave false or misleading information in the material submitted during the application process that tended to enhance the applicant's opportunity for obtaining a permit; or (2) A permittee or an employee has knowingly allowed possession, use or sale of controlled substances on the premises; or (3) A permittee or an employee has knowingly allowed prostitution on the premises; or (4) A permittee or an employee knowingly operated the sexually oriented business during a period of time when the permittee's permit was suspended; or (5) A permittee has been convicted of a "specified - criminal act" for which the time period required in Section 120. 05 (c) (1) (j ) of this Ordinance has not =lapsed; or (6) On two or more occasions within a twelve (12) month period, a person or persons committed an offense, occurring in or on the permitted premises, constituting a specified criminal act for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed. The fact that a conviction is being appealed shall have no effect on the revocation of the permit; or I (7) A permittee is delinquent in payment to the City or �\ State for any taxes or fees past due; or \ (8) A permittee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral RWH54487 -21- copulation, masturbation, or any other specified sexual activities to occur in or on the permitted premises. (9) Operating more than one sexually oriented business under a single roof. C. When the City or its designee, revokes a permit, the revocation shall continue for one (1) year and the perm�_ttee shall not be issued a sexually oriented business permit for one (1) year from the date revocation became effective. If, subsequent to revocation, the City or its designee finds that the basis for revocation under Section 120. 10(b) has been corrected, the applicant shall be granted a permit if at least ninety (90) days have elapsed since the date revocation became effective. If the permit was revoked under Section 120. 10(b) of this Ordinance, an applicant may not be granted another .permit until the number of years required under Section 120. 05 (c) have elapsed. SECTION 120. 11. ADMINISTRATIVE JUDICIAL REVIEW OF PERMIT DENIAL, SUSPENSION OF REVOCA ON. After denial of an 'applicati n, or denial of a renewal of an application, or suspension or revoc ion o permit, the applicant or permittee may seek prompt judicial ev w of such administrative action through. the City Council. An denial to the City Council shall be heard within thirty (30 da unless a longer time therefor is co:isented to by the pellan If the denial of the application is affirmed upon r iew, the ad 'nistrative action is subject to prompt review by he Superior Cou for the State of California, in and for t County of Riversi , Indio Branch, pursuant to California de of Civil Procedure Section 1094 .5, et seq. SECTION 120. 12 . TRANSFER OF PERMIT. a. A permittee shall not operate sexually oriented business under the authority of a permit at any place other than the address designated in the application for permit. b. A permittee shall not transfer his/her permit to another person unless and until such other person satisfies the following requirements: (1) Obtains an amendment to the permit from the City or its designee, which provides that he/she is now the permittee, which amendment may be obtained only if he/she has completed and properly filed an application with the City or its designee, setting forth the information called for under Section 120. 03 of this Ordinance in the application; and RYR5"87 -2 2- (2) Pays a transfer fee of fifty percent (50%) of the :annual permit fee set by this Ordinance. C. No permit may be transferred during the pendency of administrative procedures following notice by the City or its designee to the permittee that suspension or revocation proceedings have been or will be brought against the permittee, until such proceedings have been completed, withdrawn or otherwise canceled. d. A permittee shall not transfer his permit to another location. e. Any attempt to transfer a permit either directly or indirectly in violation of this Section is hereby declared void and the permit shall be considered abandoned and shall automatically revert to the City. SECTION 120. 13 . REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY EXPLIIT FILMS OR VIDEOS IN VIDEO BOOTHS. a. A person who operates or causes to be operated a sexually oriented business, other than a sexually oriented motel/hotel and regardless of whether or not a permit has been issued to said business under this Ordinance, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, video cassette or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements: - (1) Upon application for a sexually oriented business permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations, the location of all overhead lighting ; fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two (32) "square feet of floor area. The diagram shall also designate the place at which this permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale with marked dimensions sufficient to show the various internal dimension of all areas of the interior of the premises to an accuracy of plus or minus six (6) inches. The City or its designee, may waive the foregoing diagram for renewal applications if the aux5"87 -2 3- applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not .been altered since it was prepared. (2) The application shall be sworn to be true and correct by the applicant. (3) No alteration in the configuration or location of a manager's station may be made without the prior approval of the City or its designee. (4) It is the duty of the owners and operator of the premises to insure that at least one employee is on duty and situated at each manager's station at all times that any patron is present inside the premises. (5) The interior of the premises shall be configured in such a manner that there is an unobstructed view i from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager' s stations. The view required in this subsection must be by direct line of sight from the manager's station. (6) It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present on the premises to insure that the view area specified in Subsection 5 remains unobstructed by any doors, walls, ' merchandise, display racks or other materials at all times and to insure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection (1) of this Section. (7) No viewing room may be occupied by more than one person at any one time. (8) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access and an illumination of not less RWH54487 -2 4- than seven and one half (7 . 5) foot candle as measured at the floor level. (9) It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present on the premises to insure that the illumination described above is maintained at all times that any patron is present on the premises. (10) It shall be the duty of the owners and operator, and every person in charge of the business premises, and the duty of any agents and employees present on the premises, to maintain the walls or partitions between booths in good repair at all times, with no holes between any two booths such as would allow viewing from one booth into another or such as to allow physical contact of any kind between the occupants of any two such booths; provided, however, that if the configuration approved by the City or its designee permits an opening between the floor and the bottom portion of any such wall or partition, it shall be sufficient compliance if the entire wall or partition, as approved by the City, is maintained in good condition and repair, without holes or other openings in such wall or partition which would permit viewing or physical contact between occupants of adjacent booths. (11) It shall be the duty of the owners and operator, and of every person in charge of the business premises, and the duty of any agents and employees, to prevent customers or visitors from loitering, standing idly by in the vicinity of any such video booths, or from remaining in the common area of such business, other than the restrooms, who are not then actively engaged in shopping for or viewing the products available on display for purchase or viewing; all such owners, operators, persons in charge, and their agents and employees shall have the duty to have posted and keep posted in prominent places in and near the video booths, signs prohibiting loitering, and shall be responsible for enforcement of such prohibitions. (12) The owners, operator and every person in charge of the business premises shall be responsible for maintaining the floors, seats, walls and other interior portions of all video booths clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any such booth shall be evidence of improper maintenance and inadequate sanitary controls; repeated instances of RWHS4487 -2 5- such conditions may justify suspension or revocation of the owners ' and operator's license to / conduct the sexually oriented business. It shall be unlawful and a,perso hav' g a \\duty der J, -Sect' n 120. 13 (aj commits` a misdemeanor �if a/she knowingly fails to ulfill that duty. SECTION 120. 14 . PROHIBITIONS REGARDING MINORS AND SEXUALLY ORIENTED BUSINESS. It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this Ordinance, and knowingly, or with reasonable cause to know, permits, suffers, or allows: a. Admittance of a person under eighteen (18) years of age to the business premises; b. A person under eighteen (18) years of age to remain at the business premises; C. A person under eighteen (18) years of age to purchase goods or services at the business premises; or d. A person who is under eighteen (18) years of age to work at the business premises as an employee; or e. The interior of the premises to be visible to a minor, wherein any matter harmful to minors is displayed or visible, unless all such materials so visible to minors are covered by blinder racks or devices in front of the material, so that the lower two-thirds of all such material is not exposed to view; a privacy curtain at the entrance obscuring the view of minors from outside the premises shall be erected upon request of the Chief of Police, if the building design or structural layout does not otherwise protect curious minors from viewing such material. References to blinder racks shall be interpreted in accordance with California Penal Code Section 313 . 1(d) . SECTION 120. 15. ADVERTISING REGULATIONS. a. It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated sexually oriented business, regardless of whether or not a permit has been issued for said business under this Ordinance, and advertises the presentation of any activity prohibited by any applicable State statute or local ordinance. nux5u87 -2 6- b. It shall be unlawful and a person co its a misdemeanor if he/she operates or causes to operated sexually oriented business, regardless of w ther or not a permit has been issued for said business under this Ordinance, and displays or otherwise exhib' s the materials and/or performances at such sexually riented business in any advertising. This prohibit'on shall not extend to advertising of the existence location of such sexually oriented business. No w' dow displays of sexually oriented material shall be location unless the material is covered by a blinder ack as specified in Section 120. 14 (e) of this Ordina ce. C. All off-street parking area and premise entries of the sexu lly oriented busi ess shall be illuminated from dusk to c osing hours of operation with a lighting system whic provides a average maintained horizontal illu ination of o (1) foot candle of light on the park ng surface a /or walkways. The required lighting leve is establ ' hed in order to provide sufficient illu ination of he parking areas and walkways serving the s xually oriented business .for the personal safety of patr s and a ployees and to reduce the incidence of vanda ism and criminal conduct. The lighting shall be shown on the equired sketch or diagram of the premises. d. Nothi.n c tained in this Chapter shall relieve the opertito ( ) of a sexually oriented business from comp-yin with the requirements of the Zoning Ordinance of the ity of Indio, , as it may be amended from time to time, r any subsequently enacted City ordinances or regul tions. e. No indow display of sexually oriented material shall be pe itted in 'any area where minors are likely to be esent, as for instance, within 20 feet of a public idewalk, or within 20 feet of a private walkway in a shopping area open to the general public. SECTION 120. 16. HOURS OF OPERATION. a. It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this Ordinance, and zillows such business to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 1: 00 a.m, and 9: 00 a.m. of any particular day. b. It shall be unlawful and a person commits a misdemeanor if, working as an employee of a sexually oriented RWH54487 -2 7- business, regardless of whether or not a permit has been issued for said business under this Ordinance, said employee engages in a performance, solicits a performance, makes a sale, solicits a sale, provides a service, or solicits a service between the hours of 1: 00 a.m. and 9 :00 a.m. of any particular day. SECTION 120. 17 . LOCATION OF SEXUALLY ORIENTED BUSINESSES. a. No person shall cause or permit the establishment of any sexuallFiness; iented business within: (1) 50et of another sexually oriented bu or (2) 1, eet of any religious institution, school, boys club, girls club, or similar existing youth organization, or public park or public building; or (3) 250 feet of any business involving an on-premises sale of liquor or alcoholic beverages; or (4) 1, 000 feet of any property oned for residential use or used for residential urposes; or (5) 250 fe�\ of any zone other han the IP (industrial Park) zbne. b. Sexually oriehted business sh 1 be permitted only in the IP (Industrial. Park) zone. SECTION 120. 18 . MEASUREMEN OF DISTANCE. Distance between any wo se ally oriented businesses shall be measured in a straight line without regard to intervening structures, from the clo est exterior structural wall of each business. The distance betwle any sexually oriented business and any religious institution, school, boys club, girls club, or similar existing youth or g nization, or public park or public building, or business enga d in sale of liquor or any properties zoned for residential use r used for residential purposes or any ,zone other than IP zone s 1141so be measured in a straight line, without regard to inter ening, structures or objects from the nearest property line of the premises where the sexually oriented business is conducted t the nearest property line of the premises of a religious insti - tion, public or private elementary or secondary school„ boyWclub, girls club, or similar existing youth organization, or publi park or. pubiic building or business engaged in sale of liquor or the nearest boundary of an affected residential zone or esidential lot or any zone other than IP zone. avxsw.87 ,. -2 8- i SECTION 120. 19 . PROHIBITION OF DISTRIBUTION OF SEXUALLY DEVIANT DEVICES. a. It is unlawful for anyone to distribute, sell or offer for sale any device, instrument or paraphernalia designed or marketed primarily for sexual stimulation or for sadomasochistic use or abuse of themselves or others. b. Such devices, ins ents or paraphernalia include but are not limited t hallic shaped vibrators, dildos, muzzles, whips, ins, bather restraints, racks, non-'.iedical enema kits, body piercing implements (exc:_uding earrings or other decorative jewelry) or other tools of sadomasochistic abuse. SECTION 120. 20. PUBLIC NUDITY AT SEXUALLY ORIENTED BUSINESSES IS PROHIBITED. a. Public nudity is prohibited at sexually oriented businesses, whether or not alcoholic beverages are sold, served or consumed on the premises. Any sexually oriented business found to have violated this section shall have its permit suspended or revoked pursuant to Sections 120. 69 and 120. 10. b. It is hereby further declared that Section 314, California Penal Code, relating to lewd public nudity specifically applies to sexually oriented businesses (regardless of whether or not a permit has been issued to said. businesses under this Ordinance) , including said busi.esses even if no alcoholic beverages are sold, served or consumed at the premises of said businesses, pursuant to California Penal Code 318 . 5 and 318. 6. Prosecution for violations shall be maintained under the Penal Code by the appropriate enforcement officials. SECTION 120. 21. CRIMINAL PROHIBITIONS FOR THE OPERATION OF A SEXUALLY ORIENTED BUSINESS WITHOUT A VALID PERMIT. a. It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business in violation of any of the provisions of this chapter. b. It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this Ordinance, and paid person knows or should know that: (1) , The business does not have a sexually oriented business permit under this Ordinance for any applicable classification; RWH54487 -29- (2) The business has a permit which is under suspension; (3) ±The business has a permit which has been revoked; or (4) 'The business has a permit which has expired. SECTION 120.22 . EXEMPTIONS. a. It is a defense to prosecution for any violation of this Ordinance that a person appearing in a state of nudity did so in a modeling class operated: (1) By a college, junior college, or university supported entirely or partly by taxation; (2) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by +taxation; or: (3) In a structure: (a) Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and (b) Where, in order to participate in a class a student must enroll at least three days in advance of the class; and (c) Where no more than one nude model is on the premises at any one time. b. It is a defense to prosecution for a violation of this Ordinance that an employee of a sexually oriented business, regardless of whether or not it is permitted under this Ordinance, exposed any specified anatomical area during the employee's bona fide use of a restroom, or during the employees bona fide use of a dressing room which is accessible only to employees. SECTION 120.23 . CRIMINAL PENALTIES AND ADDITIONAL LEGAL, EQUITABLE, AND INJUNCTIVE RELIEF. If any person fails or refuses to obey or comply with or violates any of the criminal provisions of this Ordinance, such person upon conviction : of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed Five Hundred Dollars ($500. 00) or by imprisonment not to exceed sixty (60) days in the County jail, or both, in the discretion of the RWHS4487 -3 0- Court. Each violation or noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation or noncompliance shall be considered as a separate offense. Nothing herein contained shall prevent or restrict the City from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. All remedies and penalties provided for in this Section shall be cumulative and independently available to the City and the City shall be authorized to pursue any and all remedies set forth in this Section to the full extent allowed by law. SECTION 120. 24 . IMMUNITY FROM PROSECUTION. The City and its designee, the Chief of Police's office and all other departments and agencies, and all other City officers, agents and employees, charged with enforcement of State and local laws and codes shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon a sexually , oriented business while acting within the scope of authority conferred by this Ordinance. SECTION 120.25. PUBLIC NUISANCE, ABATEMENT. Any establishment operated in violation of the Chapter is a public nuisance, abatable pursuant to Chapter 120..14 . In . any action to abate any such public nuisance, the City shall be entitled to recover all enforcement costs, including staff costs and atto.cney fees. SECTION 120.26. IMPLEMENTATION SCHEDULE. a. Applications. All present operators of any business which is a sexually oriented business as defined in this Chapter shall file an application for a license hereunder within thirty (30) days after its effective date, which license shall be processed without unnecessary delay by the City or its designee under the provisions, and subject to the time requirements of Section 120.04 and 120. 05. Any person desiring to commence operation of a sexually oriented business after the effective date of this ordinance shall file a proper application for the required license under the provisions of Section 120. 03 . b. Required Physical Modifications to Premises. All present operators of any business which is a sexually oriented business exhibiting sexually explicit films or videos in video booths as defined in this Chapter shall be RWHS4487 -31- permitted a reasonable period of time to make modifications to the business premises if such modifications are made necessary by implementation of the provisions of this ordinance before the provisions of Section 120. 13 shall be effective as to that business. The reasonable period of time shall normally be thirty (30) 1.days from the effective date of this ordinance to file the appropriate plans and designs, and up to ninety (90)• days thereafter for completion of the modifications. Should modifications be so extensive as to reasonably require a longer period of time, the City or its designee may grant a longer period of time for completion of such modifications, in consultation with the "City's Building Official. " SECTION 120. 27 . REGULATIONS GOVERNING EXISTING SEXUALLY ORIENTED BUSINESSES. a. Any sexually oriented businesses lawfully operating on the effective date of this Ordinance that is in violation of Sections 120. 03 , 120. 13 ; 120. 14 , 120. 15, or 120. 17 shall be deemed a non-conforming use. A non-conforming use will be permitted to continue for a period of one (1) year, with a possible extension to be granted by the Planning Commission only upon a convincing showing of extr%me financial hardship which is defined as the reco-ery of the initial financial investment in the nonconforming use, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming uses shall not be increased, enlarged or altered except that the use may be changed to a conforming use. If two (2) or more sexually oriented businesses are within 500 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at the particular location is the conforming use and the later established business(es) is/are nonconforming. b. A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of a sexually oriented business permit and/or license, within 500 feet; or a church, public or private elementary or seco`idary church-, public or private elementary or secondary school, public park, public building, residential zone, or residential lot within 1, 000 feet; or a business involving the on-premises sale of liquor or any zone other than IP zone within 250 feet of the sexually oriented business. ' This provision applies only to the renewal of a valid permit and/or license and does not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked. " Rux5"87 -3 2- SECTION 3. Chapter 25. 65 of the Code of the City of Indio regarding Adult Entertainment Establishments is hereby deleted in its entirety. SECTION 4 . The I-P ("Industrial Park") zone text of the zoning chapter of the ' Indio City Code is amended to add the following: "z. Sexually oriented businesses (see Title 11, Chapter 120) . " SECTION 5. SEVERABILITY. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining section, sub- section and clauses shall not be effected thereby. The City Council hereby declares its intention that each section, subsection and clause of this Ordinance would have been enacted without any clause, subsection or section which may be determined by a court to be invalid or 'unenforceable. SECTION 6. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after passage. SECTION 7. POSTING. The City 'Clerk shall within 15 days after the passage of this ordinance, cause it to be posted in at least the three (3) public places designated by resolution of the City Council; shall certify to the adoption and posting of this ordinance; and shall cause this ordinance and its certification, together with proof of posting, to be entered in the Book of ordinances of this City. The foregoing Ordinance was approved and adopted at a meeting of the City Council held on , 199_, by the following vote: a Ayes: Noes: Absent: MAYOR ATTEST: CITY CLERK , I RWK54487 -3 3- I i APPROVED AS TO FORM: APPROVED AS TO CONTENT: CITY ATTORNEY DEPARTMENT HEAD APPROVED: CITY MANAGER a RYH5"87 —3 4— r �� c FRDF OF FtU-ICATION This s -e is for (2015.5 C.C.P) the. couj ty Clerks Stamp Proof of Publication of: R-25S12 RECEIVED Case: CF;D hC 756 ORDINANCE NO.756 '9`:i SEP 7 PM 2 31 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,CALIFOR- � - fFv C E NIA, APPROVING AN AMENMDMENT CI OT THE ZONING ORDINANCE TEXT,TO SECTION 25-34.020 TO ADD "ADULT ENTERTAINMENT ESTABLISHMENTS" AS PERMITTED USES IN THE SERVICE] SEP - 9 M4 INDUSTIAL DISTRICT. CASE NO.ZOA 94-2 i WHEREAS, the City Council of the City of Palm 4 [oeMuxlCIW W Mly OF PALM e TH oLesnrxtm FSLNI 'Desert,did on the 14th day of July,1994,hold a duly noticed public hearing to consider an amendment to the Zoning Ordinance Text Section 25.34.020 to add 4 "Adult Entertainment Establishments" as permitted uses in the Service Industrial District;and STATE OF CALIFORNIA, WHEREAS,the Palm Dasart Planning Commission Jheld a duly noticed public It on June 21, 1994 . County of Riverside, I and by adoption of Resolution No; 1642 has �U0 a C1tleft of the tb11tE�recommended approval;and r WHEREAS, said application has complied with I States and a resident of the l County aforesaid; I am, over requirements of the"City of Palm Desert Procedures I the age of eighteen years, to Implement the California Environmental Quality Act, Resolution No. 80-89, "in that the director of and not a party to or' in'Lerested community development has determined the project is in 'Lhx= abLjVEY-E�'ttltled fll�ttter. I a Class 5 categorical exemption;and WHEREAS,at said public hearing,upon hearing c:11i1 the principal clerk of the and considering all testimony arguments,if any,of all printer Of the Desert Post, interested persons desiring to be heard, said city I council did find the following facts to justify its action a newspaper of general. circulation, as described below: printed and pLJblished aleekay in the 1. That the zoning ordinance amendment is consis- ' tent with the objectives of the zoning ordinance. ( City of Palm DeseY-t, (:cN.u't'Ly Of2. That the zoning ordinance amendment is consis- Riverside, and which newspaper tent with the adopted general plan. 3. That the zoning ordinance amendment would has been adjudged a newspaper of better serve the public health, safety, and V gereral welfare than the current regulations. general c.irculatim by the Superior NOW,THEREFORE,BE IT ORDAINED by the City Court Of the County of Riverside, Council of the City of Palm Desert„as follows: State Of f al ifOr-lia, LU-Ider the date 1. That the above recitations are true and correct and constitute the consideration of the council in of OCtobLr S, 19M, Case N nber 9_658; this case. that the notice, of which the annexed 2. That it does hereby approve a zoning ordinance ' Text Amendment, as provided in the attached is a printed Copy (set in type not— exhibit,labeled Exhibit"A." I szial 7 er than nonparei.1) , htas been j 3. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this pt.tblished in each regular and entire ordinance in the Palm Desert Post,a newspaper issLie Of said newspaper and not in any of general circulation,published and circulated in the Cit1yy of Palm Desert,California,and shall i supplaTpent thereof On the fol lowinq be in fullforce and effect thirty(30)days after its adoption. I date 'to—wit.. PASSED,APPROVED and ADOPTED by the Palm l 8/ ,1/94 1 certify (or declare) iDesert City Council this 25th day of August,1994,by I under penalty of per]Ltr-y that the the following vote,to wit: AYES: BENSON, CRITES, KELLY, SNY- foregoing is tulle and correct. DER,WILSON Dated at Palm Desert, California. NOES: NONE ABSENT: NONE : this- 8/31 /04 ABSTAIN: NONE ATTEST: /s/ S. ROY WILSON,Mayor � l00 /s/ SHEILA R. GILLIGAN,City Clerk City of Palm Desert,California EXHIBIT"A" gn Section 1 That section 25.34.020 is hereby amended to add I the following: 1 "M. Adult entertainment establishments as I permitted by Chapter 5.88 subject to compli- ance of the specific use with the parking requirements of Chapter 25.58 of the munici. pal code(i.e.•`adult bookstore"shall comply with parking required for a bookstore in the general commercial C-1 zone). A parking requirement modification shall be available to businesses which operate only between the hours of 5:00 p.m.and 5:00 a.m.subject to it being determined by the zoning administrator that there is adequate off street parking available." 25812(PUB AUG 31, 19941 i �Y5 ORDINANCE NO. 756 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT, TO SECTION 25.34 .020 TO ADD "ADULT ENTERTAINMENT ESTABLISHMENTS" AS PERMITTED USES IN THE SERVICE INDUSTRIAL DISTRICT. CASE NO. ZOA 94-2 WHEREAS, the City Council of the City of Palm Desert, California, did on the 14th day of July, 1994, hold a duly noticed public hearing to consider an amendment to the Zoning Ordinance Text Section 25 .34.020 to add "Adult Entertainment Establishments" as permitted uses in the Service Industrial District; and WHEREAS, the Palm Desert Planning Commission held a duly noticed public hearing on June 21, 1994 and by adoption of Resolution No. 1642 has recommended approval; and WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-890 " in that the director of community development has determined the project is a Class 5 categorical exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony arguments, if any, of all interested persons desiring to be heard, said city council did find the following facts to justify its action as described below: j 1. That the zoning ordinance amendment is consistent with the objectives of the zoning ordinance. 2 . That the zoning ordinance amendment is consistent with the adopted general plan. 3 . That the zoning ordinance amendment would better serve the public health, safety, and general welfare than the current regulations. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, as follows: 1. That the above recitations are true and , correct and constitute the consideration of the council in this case. 2 . That it does hereby approve a zoning ordinance Text . . _ Amendment, - as -provided . in _-the-.attached .exhibit, labeled Exhibit "A. " 3. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. ORDINANCE NO. 756 PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this S 25th day of August , 1994, by the following vote, to wit: 4 AYES: BENSON, CRITES, K LLY, SNYDER, WILSON NOES: NONE ABSENT: NONE ABSTAIN: NONE S 4Y ON, yor ATTEST: C SHEILA GILLIGAN, �City Clerk City of lm Desert, California 2 ORDINANCE NO. 756 EXHIBIT "A" Section 1 That section 25 .34 .020 is hereby amended to add the following: "N. Adult entertainment establishments as permitted by Chapter 5.88 subject to compliance of the specific use with the parking requirements of Chapter 25.58 of the municipal code (i.e. "adult bookstore" shall comply with parking required for a bookstore in the general commercial C-1 zone) . A parking requirement modification shall be available to businesses which operate only between the hours of 5:00 p.m. and 5:00 a.m. subject to it being determined by the zoning administrator that there is adequate off street parking available. " C 3 � V CITY OF PALM DESERT RECEIVED DEPARTMENT OF COMMUNITY DEVELOPMENT TRANSMITTAL LETTER JUL 21 1994 I. TO: Honorable Mayor and City Council CDMM YOEV MiMEp SE DEPARTMFHT EPT II . REQUEST: Consideration of an amendment to Section 25. 34 .020 of the Zoning Ordinance to add "Adult Entertainment Establishments" as permitted uses in the Service Industrial District. III . APPLICANT: City of Palm NsertOUNCIL ACTION: p��p APPROVED ✓ DENIED IV. CASE NO: ZOA 94-2 `C RECEIVED OTHER V. DATE: July 14, 19941a�ZTING DF:TE '1 c-� , AYES: Z C �r ` �T�t0 antI1 �J, VI. CONTENTS: ASSEIF' : V) A. Staff Recommendation B. Discussion VERIFIED BY: C. Draft Ordinance No. 75EOriginal on File w h City Clerk' s Office D. Planning Commission Minutes dated June 21, 1994 E. Planning Commission Resolution No. 1652 F. Planning Commission Staff Report dated June 21, 1994 G. Related maps and/or exhibits ------------------------------------------ --------------------------- A. STAFF RECOMMENDATION: Waive further reading pass Ordinance No. 756 to second reading. B. DISCUSSION: The purpose of this amendment is to bring the Zoning Ordinance into consistency with the existing Adult Entertainment Ordinance which was adopted in 1984 . Additional information can be found in the report to the Planning Commission which is enclosed. At the Planning Commission hearing several people spoke in opposition and/or expressed concern with permitting these uses in the S. I . zone. Specific concerns are delineated in the Planning Commission minutes which are enclosed. Ultimately, Planning Commission determined that the S. I . zone was the most appropriate zone for these uses and accordingly adopted its Resolution No. 1652 recommending approval of the amendment to the City Council. Prepared by: Reviewed and Approved by: SRS/tm PLANhaNG COMMISSION RESOLUTION No 1652 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT TO ADD ADULT ENTERTAINMENT ESTABLISHMENTS AS A PERMITTED USE IN THE SERVICE INDUSTRIAL (S.I. ) DISTRICT. CASE NO. ZOA 94-2 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21st day of June, 1994, hold a duly noticed public hearing to consider the amendment to the zoning ordinance as described above; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89, " in that the director of community development has determined the amendment to be a class 5 categorical exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons to exist to recommend approval of the zoning ordinance text amendment: 1. The proposed amendment is consistent with the intent of the zoning ordinance and protects the community health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That it does hereby recommend approval of ZOA 94-2 as provided in the attached exhibit labeled Exhibit "A" . PASSED, APPROVED and . ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 21st day of June, 1994, by the following vote, to wit: AYES: BEATY, JONATHAN, WHITLOCK, SPIEGEL NOES: NONE ABSENT: NONE ABSTAIN: NONE R BERT A. SPIEGE person gN ATT jq • , RAMON A. DIAZ, ec ary Y r PLANNING COMMISSION RESOLUTION N0. 1652 EXHIBIT "A" Section 1 That section 25. 34 .020 is hereby amended to add the following: "M. Adult entertainment establishments as permitted by Chapter 5.88 subject to compliance of the specific use with the parking requirements of Chapter 25.58 of the municipal code (i.e. "adult bookstore" shall comply with parking required for a bookstore in the general commercial C-1 zone) . A parking requirement modification shall be available to businesses which operate only between the hours of 5:00 p.m. and 5:00 a.m. subject to it being determined by the zoning administrator that there is adequate off street parking available. " 2 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: June 21, 1994 CASE NO: ZOA 94-2 REQUEST: Consideration of an amendment to the zoning ordinance to add "Adult Entertainment Establishments" as a permitted use in the S.I. , Service Industrial District. APPLICANT: City of Palm Desert I. BACKGROUND: In 1984 the city council pursuant to direction from the city attorney' s office updated the city' s regulations as they apply to "adult entertainment establishments" . This was necessitated by a supreme court ruling which ruled that cities could not outright prohibit these uses. Ordinance No. 371 enacted in 1984 severely limits the location of these businesses within the S. I . , service industrial zone and requires certain minimum separation from other existing uses. Ordinance No. 371 was passed under title 5 of the municipal code "Business Taxes, Licenses and Regulations" . II . ANALYSIS: It recently was determined that "adult entertainment establishments" were not listed as permitted uses in the service industrial (S. I. ) district of the zoning ordinance which is contained in Title 25 of the municipal code. At this time then we are attempting to make the zoning ordinance text consistent with the rest of the municipal code. The use(s) provided for in the "adult entertainment" ordinance chapter 5.88 .020 will be outright permitted uses subject to their compliance with the parking requirements for the specific use (i.e. an adult bookstore will be required to provide parking as required for a regular retail bookstore in the C-1, general commercial zone) . As well, if the use is restricted to after normal business hours (i.e. after 5:00 p.m. ) then a parking requirement modification may be available. III. CEQA REVIEW: The use presently is permitted in the S.I. zone pursuant to the adult entertainment ordinance. Approval of this ordinance will result in the municipal code being internally consistent. A minor amendment to the zoning ordinance such as this is a Class 5 categorical exemption for the purposes of CEQA. No further documentation is necessary. STAFF REPORT ZOA 94-2 JUNE 21, 1994 IV. RECOMMENDATION: That Case No. ZOA 94-2 adding "Adult Entertainment Establishments" as permitted uses in the service industrial (S.I. ) district be recommended for approval to the city council. V. ATTACHMENTS: A. Draft resolution. B. Legal notice. C. Municipal Code Section 5.88 Prepared by �CIlk, Reviewed and Approved by SRS/tm 2 PLANN1nG COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT TO ADD ADULT ENTERTAINMENT ESTABLISHMENTS AS A PERMITTED USE IN THE SERVICE INDUSTRIAL (S. I. ) DISTRICT. CASE NO. ZOA 94-2 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21st day of June, 1994, hold a duly noticed public hearing to consider the amendment to the zoning ordinance as described above; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89, " in that the director of community development has determined the amendment to be a class 5 categorical exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons to exist to recommend approval of the zoning ordinance text amendment: 1. The proposed amendment is consistent with the intent of the zoning ordinance and protects the community health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That it does hereby recommend approval of ZOA 94-2 as provided in the attached exhibit labeled Exhibit "A" . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 21st day of June, 1994, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT A. SPIEGEL, Chairperson ATTEST: RAMON A. DIAZ, Secretary PLANNING COMMISSION RaSOLUTION NO. EXHIBIT "A" Section 1 That section 25.34 .020 is hereby amended to add the following: "M. Adult entertainment establishments as permitted by Chapter 5.88 subject to compliance of the specific use with the parking requirements of Chapter 25.58 of the municipal code (i.e. "adult . bookstore" shall comply with parking required for a bookstore in the general commercial C-1 zone) . A parking requirement modification shall be available to businesses which operate only between the hours of 5:00 p.m. and 5:00 a.m. subject to it being determined by the zoning administrator that there is adequate off street parking available. " 2 c Chapter SM and application ofwords and phtasesusedin this chap- ter OPERATION OF ADULT ENTERTAINMENT A. Adak Entestamment Establishment.This term ESTABLISHMENTS is defined to include each and every one of the follow- ing described uses Sections: L "Adult business"means: 5.88.010 Purpose. a. Anybutinesswhichisconducted primarily for the 5.88.020 Definition& patronage of adults,except any business licensed by the 5.88.030 Permits. State Department of Alcoholic Beverage Control, if 5.88.040 Location such use is strictly limited to the sale of alcoholic bev- 5.88.050 Permitted adult entertainment erages and food;at establishments. b. Anybu=cnatherthanthmeexpressiyspecified 5.88.060 Amortization of nonconforming uses. in this section, who employees or patrons expose 5.88.070 Operationalcriteria. sped5cdanstomicalareasor engage inspecifiedswmal 5.88.080 Employment of and services activities;or rendered to minors. o. Any other business or establishment character- 5.88.090 Application for permit ized by an emphasis on the portrayal of matter depict- 5.88.100 Renewal of permit ins, exposmg, describing,or discussing or relating to 5.88.110 Investigation spedfiedsexttalacdvitiesorspecifiedanatomicalareas. S.88.120 Hearing notice "Adult busumse shall not be deemed to include the 5.88.130 Procedure of hearing. practice of any of the hearing'Artss by any person h'- 5.88.140 Findings of hearing. cased thereof under the California Business and Pro- S.88.150 Denial suspension,revocation of fessiom Code. Permit. 2. 'Adult bookstore"means an establishment bav- 5.88.160 Approval. ing a substantial or significant portion of its stock in 5.88.170 Inspection required. trade,books,magazines or other periodicals which are 5.88.180 Vlolation—Penalties. distinguished or chametmized by an emphasis on the 5.88.190 Other r emedles. portrayal of matter depicting,describing,or relating to SM 200 Conducting business as a nuisance. specified sexual activities or specified anatomical areas S.88.210 Sale or transfer or change of location or an establishment with a segment or section devoted 5.88.220 Transfer of permit to the sale or display of such material. 5.89MO Severance clause. 3. "Adult hotel or motel"means a hotel or motel wherein material is presented which is distinguished or 5.88.010 Purpose. characterized by an emphasis on the portrayal of mat- The city council finds that adult entertainment busi- ter depicting,describing or related to specified sexual nesses,because of theirvery nature,have objectionable activities or specified anatomical areas. operational characteristics, particularly when several 4. "Adult minimotion picture theater" means an of them are concentrated under certain circumstances, enclosed building with a capacity of less than fifty thereby having a deleterious effect upon adjacent persons used for presenting material distinguished or areas.Special locationl regulation of these businesses characterized by an emphasis an the portrayal of coat- is necessary to insure that these adverse effects will not ter depicting or relating to specified sexual activities or contribute to the blighting or downgrading of the Sur- specified anatomical areas for observation by patrons rounding neighborhoods.The primary purpose of the therein. regulation is to prevent the concentration or clustering 5. 'Adult motion picture arcade"means any place of thew businesses in any one area.(Ord.371$1(part), to which the public is permitted or invited wherein coin 1984) or slug-operated or electronically,electrically,or me- chanically controlled still or motion picture machines, 5.88.020 Definition& projectors or other image-producing devices an main- Unless the particular provision or the context other- tained to show images to five or fewer person per wise requires,the definitions and provisions contained machine at any one time, and when the images so in this section shall govern the construction,meaning displayed am distinguished or characterized by an em- 113 Lrl•O.V0=V phasis on the portrayal of matter depicting or desrnb- partment of the city of Palm Desert, or his or her ing specified sexual activities or specified anatomical designatedreptaentinive. arena F. "Specified ammmiail areas"mean and include 6. "Adult motion picture theater" means an en- any of the foHowmg: dosed building with a capacity of fifty or more persons L Less than completely and opaquely covered used primarily for presenting material distinguished or human genitals,pubicregim4 bottoc I anus or female characterized by more than an emphasis on the por- breasts below apoint immediately above the top of the trayal of matter depicting, describing, or relating to amola;or specified sexual activities orspecified anatomical areas 2 Hnmanmalegeaitakinadbcernrblymrgidnate, for observation by patrons therein. even if completely and opaquely covered. 7. "Cabaret" means a nightclub, theater or other G. "SpeaiSed um9 acme 'includes the follrnv- establishmentwhichfenturesltveperformancesbytop- m less and/or bottomless dancers,go-go dancers,exotic L Actual or simulated sexual intercourse,oral cols- dancers,strippers or similar mtertainen,where such ulation,anal iatemoune,oral anal copulation,bestial- performances are distinguished or characterized by an ity, direct physical sdmnlation of unclothed genitals, emphasis on the portrayal of specified sexual activities flagellation or torture in the conrtrt of sexual relation- or specified anatomical areas ship,or the um of excretory&tied ma in the context of & "Encounter center" or "rap studio" means any a sexual relationship,and any of the following depicted business agency or person who,for any form of consid- fly oriented acts or conduct analingus,bugger, erationor gratuity,provides a place where two ormom cunniffingus fellatio, necro- persons may congregate,assemble or associate for the coProP�', ' Primary purpose of engaging in,describing or discuss- woemsPia, tar,or PAP a• Piquen� saPP . purposeing specified sexual activities or specified anatomical as- 2 (learlydepicxhtt dmangenitalsinstateofsexual areas. a 9. "Figure model studio" means any premises or ° a" �arousal or swimaleno or 3 Use of human or animal masturbation,sodomy, mobile Lio facility wherurnis there iswaductrp theprocuring business or transacm o� codas,ejacrilati-m:or models who f fiufor the purpose of b ing observed or 4. Fondling or touching of muk human genitals, models who pose for the purpose of tieing observed or viewed by any region,buttocks or female breastr orry person, or being sketched, painted, S. Masochism, erode or gawk,oriented torture, drawn,sculptured,photographed,filed,videotaped or beating or the infliction of pain;or otherwise simlar ydepictedinthr:nude beforepersons & Erotic or lewd tauching,fondling or other con- who pay a fee,or any other thing of value,as consider- tact with an animal by a human being;or anon,compensation or gratuity,for the right or oppor- 7. Human ezae 'on,urination,menstruation.v*- tunity to so observe a figure model,or for admission to, teal or anal irrigation.(Ord 371$1(pa-t),1934) permission to or as a condition of,remaining on the premises"Figum model studio"does not include any studio or classroom which is operated by any public 5.g&M Permits. agency,or any public or private educational institution A. It is unlawful for any person,association,part- authorized under California Education Code Section nership or corporation to engage in.conduct,carry on. 94300 et seq.,to issue and confer a diploma or degree. or to permit to be engaged in,conducted,or carried on. 13. "City manager" means the city manager of the in Or upon any Premises within the city,the business of city of Palm Desert,or his or her dezignated represen- an adult entertainment establishment as herein de- tative. l fined,without possessing a permit issued pursuant to C. "Employee" means any person over eighte-_n the provisions of this chapter for each and every sepa- yearsof age who renders;any service in connection with rate office or place of business conducted by the above. the operation of an adult entertainmeat establishment The permit fee required hereby shall be in addition to and receives compensation from the operator of the any other liceau,permit or fee requited under awry of business or patrons. the provisions of this code. D. "Permittee"means the person to whom a permit B. Neither the Sling of sa application for the per- has been issued trait, nor payment of any other license, permit or fee E. "Police chief'means the chief of the police de- required under any other provision of this code,shall 114 5.88.030 authorize the engaging in. conducting or carrying on of 5. Within five hundred feet of any business involving an adult entertainment establishment. an on-premises sale of liquor or alcoholic beverages- C. The application fee for an adult entertainment B. The measure of reference distance in this section establishment permit shall be five hundred dollars and is shall be a straight line from the nearest property line non refundable and shall be used to defray the cost of containing the adult entertainment establishment to the investigation,processing and hearing as set forth herein. nearest property line of an affected use. without regard The fee set forth herein shall be in effect until Use city to intervening structures. (Ord. 672 4 1. 1992. Ord 371 council shall by resolution fix some other raze based upon ¢ 1 (part). 1984) a cost factor. D. All permits shall expire on December 31st of the S48.050 Permitted adult entertainment calendar year for which they were issued. Applications establishments. for renewal of a permit shall be made on or before Novem- A. Any adult attereNmau establishment not specifiral- ber 30th of the year preceding the year from which a ly permitted by the provisions of this section shall be renewal permit is sought.The renewal application fee for prohibited until such time as this section may be amended an adult entertainment establishment permit shall be one to pemtit such establidanau.7he establishments specifically hundred dollars. Said renewal application fees are permitted are as follows: nonrefundable and shall be used to defray the cost of 1. Adult bookstore; investigation and processing the renewal applications.The 2. Adult hotel or motel: fee set forth herein shall be in effect until the city council 3. Adult minimotion picture theater shall by resolution fix some other rate based upon a cost 4. Adult motion picture arcade: factor. (Ord 371 4 I (par). 1984) 5. Adult motion picture theater: 6. Cabaret: SM.040 Location. 7. Encounter center or rap audio'. A. No adult entertainment establishment shall be 8. Figure model audio. established in Use following locations: B. All permitted adult entertainment establishments 1. In any zone other than Use SI or service industrial shall comply with all regulations and provisions of this zones: chapier except as otherwise provided in this chapter.Noth- 2. Within five hundred feet of any R-1.R-2.R-3.PR. ing in this chapter shall be construed as permitting any PC,PI zone and five hundred feet of any other C-I zones activity otherwise prohibited by state or local law. (Ord. in the city of Palm Desert: 371 4 1 (part). 1984) 3. Within five hundred feet of any parcel of real property in which is located any of the following uses or 548.060 Amortization of nonconforming facilities: Use& a. "Chach"defied herein as any facility used prirnan- The provisions of Tide 25 of this code dealing with ly for worship of any religion,or used for other religious nonconforming uses shall not be applicable to adult enter- purposes. tainment establishments,instead the following am si'on b. City.county.state.federal or other governmental schedule shall apply to a0 adult entertainment establishments public buildings. including but not limited to city hails. which do not conform to the terms of this chapter but libraries. police and fire stations and post offices. otherwise are legally existing on the effective date of the c. "Schools"defined herein as: ordinance wed in this chapter i. institutions for teaching minor children(e.g..day A. For an adult entertainment establishment legally schools. elementary schools, secondary schools, high existing in the city of Palm Desert for a period of no less schools). and than six months{receding the effective date of the ordi- ii. Institutions of higher learning receiving approved name codified in this chapter one hundred twenty days: graduates of preparatory school and offering instructions B. For an adult entertainment establishment legally in art.letters and science.leading to the bachelor's degree existing within the city of Palm Desert for a period of no or master's degree (eg- colleges and universities). less than three months preceding the effective date of the The aforesaid utsunitions may be funded and/or operated ordinance codified in this chapter ninety days: either by governmental public authorities or by private organizations: 4. Within five hundred feet of any other adult enter- tainment establishment: 115 'w° D�r.vto 5.89.060 C. For an adult entertainment establishment legally I. The permit requited by this chapter shall be dis- existing within the city of Palm Desert for any period up played in a prominent area.(Ord.3711 1 (part). 1984) to three months preceding the effeccve date of the ordinance codified in this chapter sixty days. (Ord.37111 (part). 5.88.080 Employment of and services 1984) rendered to minors prohibited. No holder of an adat unoert inownt establishment permit 588.070 Operational criteria. shall employ any person under eighteen years of age:nor In addition to the base zone requirements governing shall rich perotime provide any service for which it use and minimum development standards. the following requires such permit to any patron. customer or person additional requirements stroll be met by adult emrsetim a nt under eighteen years of age. (Ord. 371 § i (part). 1984) establishments: A. The use shall have a separate business entrance SA.090 Application for permit. adjacent to the required parting area and no other n ondult A. Any person,association.partnership or corporation use shall be permitted in the same building space while desiring to obtain a business license tax certificate and a used as an adult entertainment cstabHshment. permit for an adult entertainment establishment shad make B. All signing and architectural graphics shall amply an appikatmm under oath.to the city manager upon a form with the provisions of Title 35 of the code of the city of provided by the city manager showing: Palm Desert. 1. The mane.torrent permanent residential address C. Maximum occupancy lo4 fur exits.aisles and and telephone number of the applicant: fie equipment shall be regulated designed and provided Z The business name.proposed business address of in accordance with the rue department and budding and the adult entertainment establishment and its telephone safety division regulations and standards number. D. All building openings.entries.windows,etc..shad a. If the applicant is a corporation.the name shall be be located. covered or screened in such a mmmer as to exacdy as set forth in its articles of incorporation and it prevent a view into the interior from outside the building. shall provide a copy of its articles of incorporation.The E. Lighting in Parking Lots.lighting shall be required applicant shall show the name and residence address of which is designed to illuminate all off-street parking crest each of the officers.directors and each stockholder owning serving such use for the purpose of increasing the personal not Ira than ten percent of the stock of the corporation safety of store patrons and reducing the incidence of and the address of the corporation itself.if different than vandalism and theft. the address of the adult entertainment establishment. F. Amplified Sound.No loudspeakers or sound equip• b. if the applicant is a partnership,the application shall ment shall be used by an adult entertainment establishment show the name and residerhce address of each of the partners for the amplification of sound to a level discernible by including limited pames and the address of the partnership the public beyond the walls of the budding in which such itself.if different than the address of the adult entertainment use is conducted. establishment: G. The building entrance to the adult use shall be 3. The name and permanent address of the owner of clearly and legibly posted by a notice indicating that minors the property upon which the applicant intends to locate are precluded from entering the premises.As used herein. the adult entertainment establishment.If the property owns "mina" means an individual less than eighteen years of is a corporation.the name shall be exactly as sec forth in age. its articles of incorporation and the applicant shad show H. Commercial businesses Licensed or operating within the name mid residence address of each of the officers. the city shall not display or exhibit any material in a rummer directors and stockholders owning not less tames ten penes which exposes to public view photographs or illustrations of the stock of the corporation. If the property owner is of specified sexual activities or one or mono naked adults a partnership. the application shall show the name and in poses which emphasize or direct the viewer's attention residence address of each of its partners.including limited to the subject's genitals.As used herein."exposes to public partners. view."means exposes to the view of the person outside 4. In the event the applicant is not the owner of record the building in which the commercial business is locoed of the real property upon which the adult enter- (Palm D�7-921 116 5.8&090 tainment establishment is or will be located,the aPpli- and date of birth of the applicant If the applicant is a ration must be aeecompanied by a notarized statement corporation. this requitement applies to each of the from the owner of record of the real property aclmowl- officers,directors and/or stockholders owning not less edging that an adult entmummeat establishment is or than ten percent of the stock of the corporation.If the will be located on the property.In addition,the aPPli- applicant is a partnership,this requirement applies to cant must furnish a copy of the lease or rental agree- each of the partners,ioduding limited partners: ment pertaining to the premises in which the adult a The businm, occupation or employment his- entertainment establishment will be located; tory of the applicant for the late five year period im- 5. The date, hours and location when the adult mediately,preceding the date of flung of the applica- entertainment establishment is proposed to be con- tion.If the applicant is a corporation,this requirement ducted,and the admission fee,if any,to be charged; applies to each of the officers,direerms,and/or stock- 6. The name(s) of person(s) having the manage- holders owning not less than ten percent Of the stock Of ment or supervision of the applicant's busing the corporation,if the applicant is a partnership,this 7. Whether or not the applicant has been convicted requirement applies to each of the partners,including of a crime, the nature of such offense, the date of limitedparmers; conviction,place convicted and the sentence received 13. Each residence and business address of the ap- themfor. pliant for the fivelear period immediately Ping If the applicant is a corporation,this requirement the date of the filing of the application.if the applicant applies to each of the officers,directors and/or stock- is a corporation,two requirement applies to each of the holders owning not less than ten percent of the stock of officers,dhccrors and/or stockholders owning not less the corporation.if the applicant is a partnership,this than ten percent of the stock of the corporation.If the requirement applies to each of the partners including applicant is a partnership,this requirement applies to limited partners; each of the partners,including limited partners; 8. Whether or not the applicant has ever had airy 14. One front-faee portrait photograph of the ap- similar license or permit issued by such agency revoked pliantatleast two hhdhesbytwo inches and acomPlete or suspended,or has had any professional orvoational set of applicant's fingerprints which shall be taken by license or permit revoked or suspended,and the rea- the city poll= If the applicant is a corporation,one sons therefor,and the business activity or occupation front-face portrait Photograph at least two inches by subsequent to such action of suspension or revocation. two inches of an officers, directors and stockholders If the applicant is a corporation,this requirement ap- owning not less than ten percent of the stock of the plies to each of the officers,directors and/orstockhold- corporation and a complete set of the same officers', ers owning not less than ten percent of the stock of the directors'and stockholders!fingerprints which shall be corporation. U the applicant is a partnership,this re- taken by the city police.Ifthe applicant isapartnership, quirement applies to each of the,partners, including one front-face porm photograph at least two inches limited partners; by two inches in size of each partner,including limited 9. Drivers license or other acceptable identifica- partners in the partnership,and a complete set of each lion and social security number of the applicant If the partner or limited partnds fingerprints which shall be applicant is a corporation,this requirement applies to taken by the city police: . each of the officers, directors, and/or stockholders 15. A detailed description of the proposed enter- owning not less than ten percent of the stock of the rsinment,including type of entertainment,number of corporation. If the applicant is a partnership, this re- petsons engagedin the entertainment and any further quimment applies to each of the partners, including information about the entertainment or entertainers, limited partners; as the city manager may deem necessary; 10. Acceptable writteaproof that the applicant is at 16. The name and address of any other adult enter- least eighteen years of age.If the applicant is a corpo- mimamr:establishment owned or operated by any per- ration,this requirement applies to each of the officers, son whose name is required to be given in subsection directors and/or stockholders owning not less than ten H; percent of the stock of the corporation.If the applicant 17. A description of any other business to be oper- ic a partnership,this requirement applies to each of the ated on the same premises or on adjoining prey parmers,including limited parners; owned or controlled by the applicant If the applicant 11. The height,weight,color of eyes,color of hair is a corporation,this requirement applies to each ofthe 117 518.090 officers,directors and/or stockholders owning not less 'These departments shah within thirty days inspect the thin ten percent of the stock of the corporation.If the premiss to be proposed opt as an adult emer- applicant is a partnership,this requirement applies to tainment establish==and shall make written veti& each of the partners,including limited partners; cation to the code compliance department conoetniag 18. Authorization for the city, its agents and em- cempHancewiththecodesofthecity,RiversideCmmt)' ployeesto seek information and conduct animestiga- and the state of California,that they administer.Usuch tion into the truth of the statements set forth in the premises are not in compliance,the code compliance application and the qualifications of the applicant for departmentshallnotitytheaPPlicant inwntin&ofthe the permit; deficiencies,and shall cause the reinspection of sub 19. Such other identification and information nee- premises to be madeuponwritten request by the appli- essary to discover the truth of the matters required to cant;provided,however,thatatchrequestforrduvec- be set forth in the application; tion is made within thirty days after notice of noncom- 20. The names,current addresses and written state- pliance has been given by the code compliance meats of at least three bona fide permanent residents department.The application shall farther be referred of the United States that the applicant is of good-moral to the city's polio department for investigation of the character.If the applicant is able,the statement must applicant's character and qualifications.The city man- first be furnished from residents of the city,then the ager shall cause the application to be set for hearing county,then the state of California,and lastly,from the before the city council and shall notify the applicant of rest of the United States. These references must be the date of such hearing persons other than relatives and business associates.If EL The aforesaid procedure shall apply to renewal the applicant is a corporation,this requirement applies applications for permits.(Ord.371$1(part),1984) to each of the officers,directors and/or stockholders owning not less than ten percent of the stock of the S,gg120 Hee ftmtice. corporation. If the applicant is a partnership,this re- After the city manger has set the application for quirement applies to each of the partners, including hearin&heaWcausenotioeof the hearing tobegiven limited partners; within thirty days to all property owners within three 21. Applicant must furnish for any person whose hundred feet of the proposed or actual location of the name is required to be On in subsection 6 the infor- applicant's busineat.For the purpose of this section, mation requested by subsections 1,9,10,11,12,13,14, notice to property owners shall be sufficient if given to 16, 18,19 and 20. those property owners who appear as such on the last EL The holder of the permit for an adult entertain- dyed assessment roll on foe with the city.Addi- ment establishment shall notify the city's code compli- tionally,the city manger shall cause a public notice to ance department of each change in any of the data be published in a newspaper of general circulation ten required to be furnished by this section within ten days days prior to the heating date.All notices provided for after such change occ us.(Ord 47211,1986;Ord.371 is this section shall be in the form and manner as 4 I (part),1994) determined by the city manager.(Ord 371! I(part), 1984) 5.88.100 Renewal of permit. Upon application for a renewal permit,the appli- S.88.130 Procedure dhearing. cant shall provide all of the information set forth in At the time and place set forpublu hearing astoany Section 5.88.090.(Ord 37141(part),1984) application,the city cannot shall hear and determine all facts and evidence relevant to the nature and loca- 5.88.110 investigation.investigation. 1 tion of the adult entertainment establish- A. After an application permit has been fined with mein and the character,reputation and moral fitness the city manager,he shall cause an investigation to be of thosewhowill oondact,participate in orbe in charge made by the city's code compliance department.The of such adult entataitmem establishincaL(Ord.371§ code compliance department shall refer copies of the I(pan).1984) application to the following departments within five days of receipt of the application:the city's department 5.88.140 Findings otharin& of building and safety, the Riverside County Health At the conclusion of the hearing before the city Department, the Riverside County Fire Marshal. council,the dy council shall grant an application for 118 5.8&140 an adult entertainment establishment permit if it finds requirement applies to cub of the partners,including and determines all of the following: limitedparm.am A. The traffic generated by the proposed use will IL The day may issue a license or permit to any not impose a greater burden upon the streets and person convicted of any of the crimes described in highways in the area than similar use in the area; subsoctions D 1orD 2ofthissectienifitfindsthatsuch a The conduct of the adult entertainment estab- conviction occurred at least fin years prior to the date lichmem, as proposed by the applicant,if permitted, of the application and the appiiaat has had no subse- will comply with all applicable laws,including but not quent felony convictions of any nature and no subse- limited to the citty's building,zoning and health regula- quern misdemeanor convictions for crime mentioned lions; in this section.(Ord.371;1(part),1984) G The applicant has not knowinglymade any false, misleading or fraudulent statements of fact in the per- s g M Denfal,cespmion,revocation of mit application,or any other document required by-the penal city in conjunction therewith;if the applicant is a cor- After none--andhearing pursuant to the procedures poration.this requirement applies tn each of the offi- provided hernia the city rnnmal shall deny,suspend or cers,directors and/or stockholders owning not lea Man revoke any permit applied for, or issued under this ten percent of the stock of the corporation. If the chapter,if it finds and determines that: applicant is a partnership,this requirement applies to A. The business as conducted by permittee, its each of the partners,including limited partners; agent(s)oreinployee(s),or any pemn(s)connected or D. The applicant or any other person who will be associated with the pe rruttee as general partner,lim- directly engaged in the management and operation of ited pint,director,officer.stockholder owning not the place of the adult entertainment establishment less than tan pint of the stock of the corporation, L Has not done any act involving dishonesty,fraud general manager or other persou(s),who is exercising ordeceitwith the intenttosubstantiallybeaefithimself, managerial authority 4 or on behalf of permittee herself or another,or substantially injure another,or acting under the authority of such permit, does not 2. Has not been convicted of any crime.A"convict comply with all applicable laws,including but not lim- tion"shall meanaplea or verdict of guilty or conviction ited to the Ws building, zoning and health regula- following a plea of nolo coutendere,unless the conic- tmffi;or don was so remote in time as to indicate that the & Permkb*,its agents or emplone(s),or any Perm applicant has been rehabilitated,or the applicant has son connected or associated with the permittee as gen- presented evidence to the chief of police which shows end partner.limited partner,director, officer,stock- to the satisfaction of the chief of police that the appli- holder owning not less than ten percent of the stock of cant has been rehabilitated, the cmporationorgeaeralmanagaorotherpm=(s), 3. The act or crime referred to in subsection D 1 or who is ezeicidog managerial authority of,or on behalf D 2 hereinabove must be substantially related to the of permittee,acting under the authority of such permit, qualifications,functions or duties of a person engaged has; in the business or practice of the adult entertainment L Knowingly procured such permit by false state- establishment; menus,repres=m =or nondisclosure of a material H The oorrect permit fee has been tendered to the fact when such fact would have constituted good cause city and,in the case of a check or bank draft,honored for denying the application for such permit or any with payment upon presentation; document required by the city in conjunction there- F. The applicant has not had an adult entertain- with,or meat establishment or other similar permit denied, 2. Ceased to meet any of the requirements for issu- revoked or suspended by the city or any other state or ance of a permit,or local agency within five years prior to the date of the 3. Failed to enforce any of the regulations set forth application; in this chapter or to cooperate with the police depart- Q The applicant is not under the age of eighteen mein by promptly repotting any fight,brawl or other years.Iftheappliantisacorporation,thisrequirement unlawful activities occurring on the pretnises,or applies to each of the officers,directors and/or stock- 4. Dore any act involving dishonesty,fraud or de- holders owning not less than ten percent of the stock of nit with the intent to substantially benefit himself the corporation.If the applicant it a partnership,this herself or another,or substantially injure another,or 119 518.150 S. Been convicted of a crime. "Conviction" Shall not in conflict or derogation of say other actions or mean a plea or verdict of guilty or conviction following proceedings or remedies otherwise provided by law. a plea of nolo contendere,unless the conviction was so (Ord.371 j 1(part�1984) remote in time as to indicate that the applicant has been rehabilitated, or such individual has presented evl- S,gg,200 Cam business as a nuisanm dence to the chief of police which shows to the satisfao- Any adult gem establishment operated, don of the chief of police that the individual has been conducted or maims contrary to the Provisions of rehabilitated, this chapter shall be and the am is declared to be 6. Such denial may be made only if the act or crime unlawful and a public mthance,and the city attorney referred to in subsection B 4 or B 5 hereinabove must may,in addition to or in lien of prosecuting a criminal be substantially related to the qualifications,functions aeon,in accordance with Me 1 of this code,com- ordutiesofapersoneagagediathebusinessorpmctice menceffiacd*s)orpmoodbi6(a)fortheabatemem, of an adult entertainment establishment: removaloreajoinmeatthereofinthemannerprovided C. the premises for which the permit was issued is by htw;and shall take such other steps and shall apply being operated in an illegal or disorderly manner,or to such court(s)as may have jurisdiction to grant arch D. Noise from the establishment for which the per- relief ss will abate or remove such businesses and mit was issued interferes with the peace and quiet of restrain and mijout any pasen from operattag,con- the neighborhood(Ord 3716 1(part),1984) dorbn8 or nil a assago establishment,bath- house,escort bateau or introductory service contrary 5.88.160 Approval to the provisions of this chapter.(Ord 371§ 1(put), The city council shall act to approve or deny an 1984) application for a permit under this chapter within a reasonable period of time and in no event shall the city 5.88.210 Sab or musbror change droeaton. council act laterthan nmety days from the date that the Uponsale, , - A ortelocationof an adult enter- application was accepted by the city's code compliance tsinment establishment,the permit therefor shall be department.(Ord 37111(part),1984) tax and void tmleaS approved as provided in Section 5.88.140,provided, however,that upon the death or 5.88.170 Inspection required. incapacity of the permittea, heir or devisee of a de- The city police shall from time to time make inspect ceased pmmittee,or my guardian of an heir or devisee tion of each adult entertainment establishment for the of a deceased permittee,may continue the adult enter- purposes of determining that the provisions of this tainmcat establishment for a reasonable periodoftime chapter am fully complied with.It is unlawful for any not to exceed sixty days to allow for an orderly transfer permittee to fail to allow such inspection officer acres of the permit.(Ord 37111(part),1984) to the premises or hinder such officer in any manner. (Ord 37141(part),1994) 5.8LM Transhrotpermit. No permit Shall be transferable emept with the con- 5.88.180 Violation—Penalties. no of thecitycotmciLAnappiieationforsnehtrandcr Any personviolating anyof the provisions,orfailing shall be in writing and shall be accompanied by fees to complywith any of the requirements,of this chapter presorted in Section 5.88A30.The written application shall be guilty of a misdemeanor and upon conviction for sock transfer shall contain the same information as thereof,shall be punishable by a fine not to exceed five requested bereia for initial application for the permit hundred dollars,or by imprisonment in the county jail (Ord.371 g 1(pan),1984) for a period of not more than six months,or by both such fine and imprisonment. Each day a violation is 529.230 Sevaaueeclaoa committed or permitted to continue shall constitute a If any suction subsection:subpart or provision of separate offense.(Ord 3714 i(part),1984) this chapter or the application thereof to any person, property or ckcumsumce is held invalid,the remainder 5.88.190 Other remedies. of the chapter and the application of such to other The provisions of Sections 5.88.130 and 5.88.200 of persons, properties or circumstances shall not be af- this chapter are to be construed as added remedies and fected thereby.(Ord.37151(part),1984) 120 MINUTES PALM DESERT PLANNING COMMISSION NNE 21, 1994 t H. Case No. ZOA 94-2 - CITY OF PALM D p cant Request for consideration of an S(/� amendment to the zoning ordinance to add "Adult Entertainment Establishments" as F`/S/0�TO a permitted use in the Service Industrial District. Mr. Smith explained that in 1984 the city council, pursuant to the direction of the city attorney's office, updated the city' s regulations as they applied to adult entertainment establishments in that the city was required to provide for adult entertainment uses somewhere in the city. Chairperson Spiegel asked if this was mandatory. Mr. Smith replied that the city attorney could better address that aspect. The adult entertainment ordinance provides that these types of uses are permitted in the service industrial zone. The intent of the item before commission was to recommend to the council that they amend the zoning ordinance to bring it into consistency with the remainder of the municipal code. Staff was recommending in favor of the amendment and City Attorney Hargreaves could address the issue of why. Mr. Hargreaves explained that the United States Supreme Court determined that adult entertainment was a protected expression under the First Amendment and that cities were required to allow that type of expression unless they had a good reason not too and any type of regulation imposed on that type of expression must be directed at the secondary effect rather than the content of the expression itself. There had been a decent amount of litigation in the courts regarding exactly what cities could and could not do; it was on-going and there was a lot of gray area out there. The general understanding now was that a city. had to provide locations where they were permitted. There could not be a situation where through discretion in the ordinance the locations were not accessible. It had to be a straight forward process to meet certain conditions to open an establishment. Several years ago the Palm Desert Ordinance was updated and it regulated to some extent these establishments and it was written into that ordinance that these establishments would be permitted in the Service Industrial zone. If someone came to Palm Desert and wanted to put in one of these uses in the Service Industrial zone, they had the right to put it there. What happened was that the zoning ordinance did not get amended at the same time so there was an anomaly in the city code, but by amending the zoning ordinance to include this as a permitted use, they 44 MINUTES PALM DESERT PLANNING COMMISSION JUNE 21, 1994 were not changing the law, it was already a permitted use in the Service Industrial zone. They were in the process of amending the ordinance regarding adult entertainment again to clarify it and make it more impervious to judicial review. As case law developed ordinances were modified to a certain extent to insure an ordinance was not open to attack. He said they would be going through that exercise in the next month or so. Chairperson Spiegel asked if this was related to the situation with the Paradise establishment. Mr. Hargreaves indicated that particular matter was in litigation and he preferred not to comment at this time. Chairperson Spiegel opened the public testimony and asked if anyone wished to speak in FAVOR or OPPOSITION. MR. ROBERT STONICK, 41-965 Hemingway Court in Palm Desert, stated that the explanation was not clear and seemed to be a make work situation. Since 1984, ten years, what was the purpose of changing it now--just to get the record straight or was there someone interested in coming into the area. Mr. Diaz stated that the reason for correcting it now was based on recent Supreme Court decisions both at state and federal levels dealing with adult entertainment. That was why the present ordinance and codes were being brought up to date. Mr. Stonick noted that the decision was made in 1984 . Mr. Diaz stated he was talking about decisions made by both of those judicial bodies since 1984 . Mr. Stonick asked if anyone had been trying to get into the area with the adult entertainment activities. Mr. Diaz replied that there were no applications at the present time, although the city was currently in litigation regarding a place that could be deemed adult entertainment. Mr. Stonick said that the particular area the city was talking about, the service industry bounded by Cook and Hovley had considerable residential area around it and weaved inside of it. He asked if there were any restrictions or limitations if anything did come in as 45 MINUTES PALM DESERT PLANNING COMMISSION JUNE 21, 1994 to how close they could be to the residences , the high school and grade schools . Mr. Diaz replied yes, and they were not limiting it to the service industrial area that was presently zoned in the city, they were limiting other service industrial areas that would be near the railroad tracks . Within 500 feet of R-1, R-2, R- 3, PR, PC, or within 500 feet of any C-1 zones in the city no adult entertainment establishment could be established. Mr. Stonick felt that 500 feet was not enough when talking about an industry that promotes crime. He felt that staff played the issue down when referring to a bookstore. They were opening up that area to the possibility of other types of entertainment, which was undesirable. He did not know if this could be delayed or if it was possible to work around it and consider alternatives. Mr. Diaz stated that the problem was that if there was no ordinance limiting it, then there was an effect of almost no limitation at all . Secondly, as indicated by the city attorney, there had to be a practical way of allowing it; if they made it so that it could not go in, the courts would say there was no ordinance at all and it meant they were back to where they were before. The best example of this was the case of the City of Los Angeles where their original ordinance limited adult entertainment to the end of the LAX freeway and about six feet under the Pacific Ocean. The court said no, that they had to be somewhat reasonable. Unfortunately when trying to bring an ordinance like this current, there was a great deal of fear out there, but there had not been a great deal of applications or people asking to come into Palm Desert. Chairperson Spiegel asked if the city could go beyond the 500 feet. Mr. Hargreaves replied that the courts had not clearly established what the dispersion requirements would be; generally speaking there had to be some locations within the zones to allow them. It was a question of within the particular zone, there had to be a few places in that zone where it could be done, or the city would be in trouble. There was no requirement as to how many feet. Mr. Stonick asked what kind of trouble the city would be in--would they be audited by the federal government for this requirement. 46 MINUTES PALM DESERT PLANNING COMMISSION JUNE 21, 1994 Mr. Hargreaves explained that when someone comes into the city and leases space somewhere that was an inappropriate spot and goes to the city and says they want to do it there, and you tell them that under the ordinance they can't, you end up getting in litigation and the court determines that the ordinance is invalid, the business they established would be stuck there. That was the problem. If there isn't an ordinance that meets constitutional requirements, then you have no ordinance and no control. Mr. Stonick said that Ordinance No. 371 says that it severely limits the location of these businesses. That means you can locate those businesses within the service industrial district, but it severely limits them. He asked how that happened and for a demonstration. Mr. Hargreaves stated that the adult entertainment ordinance, chapter 5 .88 has a dispersion requirement in it--you can't locate within 500 feet of R-1, R-2, R-3, PR, PC, PI zones, within 500 feet of C-1 or within 500 feet of any personal legal property that had a church, public building, schools, or within 500 feet of other adult entertainment establishments, or within 500 feet of business involving on premises sale of liquor. Mr. Stonick stated that the city did have within its ordinance restrictions and it severely restricted them from going any place within the area that they wanted. Mr. Hargreaves said that was correct, there were severely restricted. He explained that the dispersion ordinance was already in the adult entertainment ordinance and it controls where these uses can be placed; the problem was there was an adult entertainment ordinance that said they could locate businesses in the service industrial zone but 500 feet from churches and schools . In the zoning ordinance the service industrial part did not include adult establishments as a permitted use, so there was an anomaly in the city codes--one point said they could be permitted and another one said no. They were amending the zoning ordinance to conform with the adult entertainment ordinance. Commissioner Jonathan stated that they were just tying up a loose end; they have an ordinance in the code but the zone failed to be consistent with it. That was all it was . 47 MINUTES PALM DESERT PLANNING COMMISSION JUNE 21, 1994 Commissioner Beaty said that no one there was trying to promote .or invite adult entertainment, but they were trying to make it so that someone could not cause the city problems . Mr. Hargreaves stated that they were making the restrictions in place more enforceable. MS . ROSANNA RADOLPH, a resident of Primrose located off Cook and Hovley, stated that she was within a mile of that area under discussion. She asked if the commission was aware that there were 60 children that lived on their street alone in Primrose, which was 39 homes . Then there was the Sandcastle development with 20-30 children and then the Vista del Montanas, which was directly across the Cook and Hovley area that was zoned for this . The bus stop for the middle school was at the corner of Cook and Hovley. She said that she had a problem with kids getting off the bus and walking, many by themselves, along a mile and a half to get to their homes in an area where there might be people who go into places to get sexually excited and then walk out. She had a real problem with that. She did not think this was an appropriate area. The other problem was that the high school established a two mile walking distance, so there was no bus service in their area. They have high school kids who do walk to summer school every day and they cut through this area and she felt it was an incredibly dangerous thing for the city. She knew it was a Supreme Court ruling, but sometimes maybe common sense had to be used to protect the children. She stated that it was inviting trouble to have the high school, middle school and new Hovley school and that again was within walking distance. It would be inviting problems to have any type of adult entertainment of that sort in the area. She hoped the commission would really consider this because she worked a lot with the schools and they had so many problem children, they did not need to invite anything like this to it. Mr. Diaz clarified that the city was not "inviting" adult entertainment establishments at all. What the city was doing was making the present legal requirements to control adult entertainment establishments stronger. In the specific areas identified there would not be any adult entertainment establishments permitted within 500 feet of the streets because across those streets were residential uses . There might be spots inside the service industrial area. If he said there were no areas within the service industrial area 48 MINUTES PALM DESERT PLANNING COMMISSION JUNE 21, 1994 that would allow this, he would be testifying against the city' s own ordinance and the city would lose. The purpose of the ordinance was to control. They would not be able to locate near any streets or schools. However, no legislation or ordinance on the city's part or state' s part can possibly substitute for family direction and family values . The ordinance before the commission was the strictest. If challenged they would be able to defend it, but he did not know if it would withstand that challenge. He felt confident it would or they would not be there. He said that right now if they did not amend the code, an establishment could be located not only within the service industrial zone, but possibly within any commercial zone in the city. They were trying to limit it. He stated that this was the zone that they would want that type of business to develop in if it developed at all. It would not be impossible, but difficult to locate an establishment in this zone. There might be some industrial zoning established at a later date that would be along the railroad tracks, but it would be difficult. Chairperson Spiegel asked if it would be correct to say that there are no applicants for this type of business in this zone; Mr. Diaz replied yes . Ms. Radolph said that one thing they tried to promote with their children was that this was not the most appropriate type of behavior, but unfortunately people that frequent those establishments didn't find it inappropriate to approach children and flash or ask them to come up to their cars where they are sitting there without clothes on. She said they do that do adults and she had that done to her. She did not want something like this going on. She stated that there was a mini mart down the road where a lot of children ride their bikes to and they were faced with the situation where they wanted their children to be independent and let them grow up, but by the same token if they know something like that is right around the street corner from 15 and 16 year olds, she would be worried about them riding their bikes around there. She did not think that in Palm Desert she should have to worry about that kind of thing. She felt it had been proven over and over again that it was a danger. She noted that she was very involved in the Washington Charter School and one reason was that they were willing to take the "bull by the horns" and start changing the bureaucracy and changing the things that didn't make sense. She felt it was time for the cities and citizens to take back their 49 MINUTES PALM DESERT PLANNING COMMISSION JUNE 21, 1994 cities and start saying no, this type of thing would not be in it--it was too dangerous for our children and families . Commissioner Jonathan stated that this was a sensitive issue and unfortunately one that evoked a great deal of misinformation. He said that he has children and he was as concerned about this issue as anyone, but there was no indication or proof that adult entertainment was a direct link to child pornography or someone sitting in their car flashing. Furthermore, there was a linkage in Ms . Radolph's statement to the mini mart and he happened to know the owner/operator who was also a family person and they were not having any kinds of problems . He also wanted to make clear that the law gives adults the right to be entertained in the way they choose, whether we like that law or not. What' s going on here was the city was trying to control where that type of entertainment could take place within the city. They had to provide a zoning for it. If they didn't pick service industrial, what were the other choices : neighborhood commercial, office professional, residential--out of those choices where would they want it. This was the most logical and what the municipal code already contains, they were just tying up a loose end and making it stronger. To make their limitations stronger so that they could control where this kind of activity could take place. MR. DON BARRY, a resident of the Sandcastle development, asked if the ordinances for zoning were specific in that they had to specifically draw out the types of businesses that could locate in a specific zone. Commissioner Jonathan replied yes, they listed the permitted uses . Chairperson Spiegel noted that was why they had to make an exception for the church with a school. Mr. Barry asked if the zoning ordinance could be left mute in that instance when it was already drawn out in the city ordinances . Mr. Diaz said that was why this issue was before the commission. He indicated that the ordinance the city has had since 1984 and what they were trying to do was clarify it and take care of the paper work. In 1984 they said it was allowed in the service industrial zone, but they did not mention it in the service industrial zone. It apparently had done a good job because he had not seen a great many adult entertainment establishments coming into the city--they were 50 MINUTES PALM DESERT PLANNING COMMISSION JUNE 21, 1994 not out there. As indicated by the city attorney, by putting in that service industrial zone they have identified a zone it could go into. As indicated by Commissioner Jonathan, there wasn't any other zone for it to go into. What they had was the same ordinance, they were just saying in the zoning ordinance what the adult entertainment ordinance says. The only place they can locate in is the service industrial zone. The ordinance that has served the city since 1984 fairly well and would continue to serve them. Now it could not be challenged. Mr. Barry said that the original ordinance was written in 1984 . During that time the residential areas had grown up around the service industrial areas that weren't there or populated. It might have made since at that time and they probably did not have much opposition at that time for putting these types of businesses in this service industrial zone. He said that if they brought this back up today, that might change significantly. He would certainly come forward and people he knew would also come forward to object to it being placed in those areas. He did not want to see it appear in the zoning ordinance, he wanted to see the original ordinance revisited and perhaps some other zoning arranged where these businesses might establish themselves. It was not an issue of they shouldn't be allowed somewhere, but he was contending that the city had grown substantially and the makeup of the industrial areas had changed significantly and it probably was no longer appropriate to say that a 1984 judgement applied just as well today as it did in 1984 . He wanted that considered and instead of adopting and "cleaning up a loose end" they really needed to go back and revisit the other end of the issue and see if it still made sense and was appropriate. It may have served until today as the proper place for these businesses, but he did not think that would continue into the future. Chairperson Spiegel suggested that Mr. Barry look at the zoning ordinance for the city and come up with a recommendation, because there was residential, commercial, and different types of commercial--office buildings versus theaters and grocery stores and malls and the industrial zone. That was basically how it was broken down. He suggested that Mr. Barry go to the planning department and they would get him a copy to take home and if he had some recommendations, he could come back and give it to them. 51 • MINUTES PALM DESERT PLANNING COMMISSION JUNE 21, 1994 Mr. Barry said he would be happy to and thanked the commission for listening. Commissioner Jonathan commented that just because something was zoned one way did not give an applicant the right to go there. They have had applications that involved selling of liquor that they determined was too close to a school along Alessandro and it was denied. It was a permitted use in the zone along Highway 111, but residents objected and the commission determined that it was inappropriate and it was defeated. There were many pockets within in the service industrial zone that were too close to residential, bus stops, schools and so forth and they would have a basis for denying those applications . The danger they ran into was if there wasn't a potential zoning, someone could say they wanted it next to the Palm Desert High School and the courts would say that because the city did not provide a place where they could do it, then they could do it anywhere they wanted. That was the situation they were trying to avoid. MR. LARRY MCMACKEN, 74-596. Yucca Tree, stated that it sounded to him that the 500 feet was a minimum and suggested 1000 feet. He asked if that could be put into the ordinance now instead of 500 feet. He felt that 500 feet was not a large enough radius. Mr. Diaz stated that if they said 1000 feet, they could not do it. If 1000 feet was measured from all of the service industrial area and the uses in there, they would in effect be saying that the use was not allowed. Mr. McMacken stated that 500 feet was five residential lots and that wasn't putting any one out in the sticks. It was not enough. He suggested that the commission go for 1000 feet. Chairperson Spiegel closed the public testimony and asked for comments from commission. Chairperson Spiegel noted this was already on the books and the city was just tying up a loose end. It had been there since 1984 . As suggested by Commissioner Jonathan, if they applied to the city they would have to come before the commission for approval at an open hearing. 52 MINUTES PALM DESERT PLANNING COMMISSION JUNE 21, 1994 Action: Moved by Commissioner Whitlock, seconded by Commissioner Beaty, approving the findings as presented by staff . Carried 4-0 . Moved by Commissioner Whitlock, seconded by Commissioner Jonathan, adopting Planning Commission Resolution No. 1652, recommending to city council approval of ZOA 94-2. Carried 4-0 . B. Continued Case Nos. GPA 93-4, C/Z 93-4, PP 93-6 and TT 27882, - ROBERT L. MAYER TRUST, Applicant Request for approval of a tentative tract map for a residential condominium project on 31 acres and a general plan amendment and change of zone from medium density residential (PR-7) to PC-2 (district commercial) on 9 . 1 acres with a precise plan of design allowing for up to 86 ,220 square feet of neighborhood shopping center at the northeast corner of Country Club Drive and Monterey Avenue. Chairperson Spiegel reopened the public testimony and asked the applicant to address the commission. MR. ED SLOMAN, KWC Engineers, stated that there was a lot of discussion. As indicated by Mr. Folkers there would be a project coming forward that would address the intersection. Again, Mr. Mayer, the consultants and the two developers felt that with the additional rights of way that wouldn't be gotten from the south side of Country Club and what they would be giving on the north side, as well as the improvements that would improve that intersection immediately, they would like to be underway ,in six or seven months to start that process . They discussed with Mr. Gaugush that those improvements for Monterey and Country Club would all go in simultaneously as one project. Secondly, the developer would like to move the project forward. He said he had a question directed to Commissioner Jonathan; at the last meeting they had good dialogue with Commissioner Whitlock who was concerned with the image and impression along Monterey and Country Club. They felt they widened the lots out and made some adjustments and lost lots . 53 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT TRANSMITTAL LETTER I . TO: Honorable Mayor and City Council II . REQUEST: Consideration of an amendment to Section 25. 34 . 020 of the Zoning Ordinance to add "Adult Entertainment Establishments" as permitted uses in the Service Industrial District. III . APPLICANT: City of Palm Desert IV. CASE NO: ZOA 94-2 V. DATE: July 14, 1994 VI . CONTENTS : A. Staff Recommendation B. Discussion C. Draft Ordinance No. D. Planning Commission Minutes dated June 21, 1994 E. Planning Commission Resolution No. 1652 F. Planning Commission Staff Report dated June 21, 1994 G. Related maps and/or exhibits ---------------------------------------------------------------------- A. STAFF RECOMMENDATION: Waive further reading pass Ordinance No. to second reading. B. DISCUSSION: The purpose of this amendment is to bring the Zoning Ordinance into consistency with the existing Adult Entertainment Ordinance which was adopted in 1984 . Additional information can be found in the report to the Planning Commission which is enclosed. At the Planning Commission hearing several people spoke in opposition and/or expressed concern with permitting these uses in the S. I . zone. Specific concerns are delineated in the Planning Commission minutes which are enclosed. Ultimately, Planning Commission determined that the S. I . zone was the most appropriate zone for these uses and accordingly adopted its Resolution No. 1652 recommending approval of the amendment to the City Council . Prepared by: Reviewed and Approved by: SRS/tm ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT, TO SECTION 25 . 34 . 020 TO ADD "ADULT ENTERTAINMENT ESTABLISHMENTS" AS PERMITTED USES IN THE SERVICE INDUSTRIAL DISTRICT. CASE NO. ZOA 94-2 WHEREAS, the City Council of the City of Palm Desert, California, did on the 14th day of July, 1994 , hold a duly noticed public hearing to consider an amendment to the Zoning Ordinance Text Section 25 . 34 . 020 to add "Adult Entertainment Establishments" as permitted uses in the Service Industrial District; and WHEREAS, the Palm Desert Planning Commission held a duly noticed public hearing on June 21, 1994 and by adoption of Resolution No. 1642 has recommended approval; and WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89, " in that the director of community development has determined the project is a Class 5 categorical exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony arguments, if any, of all interested persons desiring to be heard, said city council did find the following facts to justify its action as described below: 1 . That the zoning ordinance amendment is consistent with the objectives of the zoning ordinance. 2 . That the zoning ordinance amendment is consistent with the adopted general plan. 3 . That the zoning ordinance amendment would better serve the public health, safety, and general welfare than the current regulations . NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, as follows :. 1 . That the above recitations are true and correct and constitute the consideration of the council in this case. 2 . That it does hereby approve a zoning ordinance Text Amendment, as provided in the attached exhibit, labeled Exhibit "A. " 3 . The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. ORDINANCE NO. PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this day of , 1994 , by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: S. ROY WILSON, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California 2 • ORDINANCE NO. EXHIBIT "A" Section 1 That section 25 . 34 .020 is hereby amended to add the following: "M. Adult entertainment establishments as permitted by Chapter 5.88 subject to compliance of the specific use with the parking requirements of Chapter 25 .58 of the municipal code (i .e. "adult bookstore" shall comply with parking required for a bookstore in the general commercial C-1 zone) . A parking requirement modification shall be available to businesses which operate only between the hours of 5 : 00 p.m. and 5:00 a.m. subject to it being determined by the zoning administrator that there is adequate off street parking available. " 3 Date pagesD� Post-it°Fax Note 7671 ., From 0 To ' J Co. L II//11���� �nn�ff y�2� Co./Dept. ' ( �l�lS� OLI �C4J�ULI LI c phone R Phonep Fax# 73-510 FRED WARING DRIVE, PALS. Fax# T E LEP HONE(619)346-0611 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 94-2 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider an amendment to Section 25 . 34 . 020 of the Zoning Ordinance to add "Adult Entertainment Establishments" as a permitted use in the Service Industrial District. SAID public hearing will be held on Thursday, July 14,, 1994, at, 7 : 00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the department of community development/ planning at the above address between the hours of 8 :00 a.m. and 5 :00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission (or city council) at, or prior to, the public hearing. PUBLISH: Desert Post SHEILA R. GILLIGAN, City Clerk June 29, 1994 City of Palm Desert, California PLANNING COMMISSION RESOLUTION NO. 1652 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT TO ADD ADULT ENTERTAINMENT ESTABLISHMENTS AS A PERMITTED USE IN THE SERVICE INDUSTRIAL (S. I . ) DISTRICT. CASE NO. ZOA 94-2 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21st day of June, 1994, hold a duly noticed public hearing to consider the amendment to the zoning ordinance as described above; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89, " in that the director of community development has determined the amendment to be a class 5 categorical exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons to exist to recommend approval of the zoning ordinance text amendment: 1 . The proposed amendment is consistent with the intent of the zoning ordinance and protects the community health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows : 1 . That the above recitations are true and correct and constitute the findings of the commission in this case. 2 . That it does hereby recommend approval of ZOA 94-2 as provided in the attached exhibit labeled Exhibit "A" . PASSED, APPROVED and . ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 21st day of June, 1994 , by the following vote, to wit: AYES: BEATY, JONATHAN, WHITLOCK, SPIEGEL NOES: NONE ABSENT: NONE ABSTAIN: NONE ATT ROBERT A. SPIEGE , person RAMON A. DIAZ, Sfec ' ary PLANNING COMMISSION RESOLUTION NO. 1652 EXHIBIT "A" Section 1 That section 25 . 34 .020 is hereby amended to add the following: "M. Adult entertainment establishments as permitted by Chapter 5. 88 subject to compliance of the specific use with the parking requirements of Chapter 25.58 of the municipal code ( i .e. "adult bookstore" shall comply with parking required for a bookstore in the general commercial C-1 zone) . A parking requirement modification shall be available to businesses which operate only between the hours of 5 : 00 p.m. and 5 : 00 a.m. subject to it being determined by the zoning administrator that there is adequate off street parking available. " 2 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260-2578 TELEPHONE (619)346-0611 FAX(619)341-7098 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: June 22, 1994 City of Palm Desert Re: ZOA 94-2 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of June 21, 1994 : PLANNING COMMISSION RECOMMENDED TO CITY COUNCIL APPROVAL OF ZOA 94-2 BY ADOPTION OF RESOLUTION NO. 1652 . CARRIED 4-0. Any appeal of the above action may be made in writing to the Director of Community Development, City of Palm Desert, within fifteen ( 15) days of the date of the cision. R N�A�DIAZ , C ARY PALM DESERT PLANNI COMMISSION RAD/tm cc : Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal Reryplcd Pipe. MINUTES PALM DESERT PLANNING COMMISSION JUNE 21, 1994 Case No. ZOA 94-2 - CITY OF PALM DESERT, Applicant Request for consideration of an amendment to the zoning ordinance to add "Adult Entertainment Establishments" as a permitted use in the Service Industrial District. Mr. Smith explained that in 1984 the city council, pursuant to the direction of the city attorney' s office, updated the city' s regulations as they applied to adult entertainment establishments in that the city was required to provide for adult entertainment uses somewhere in the city. Chairperson Spiegel asked if this was mandatory. Mr. Smith replied that the city attorney could better address that aspect. The adult entertainment ordinance provides that these types of uses are permitted in the service industrial zone. The intent of the item before commission was to recommend to the council that they amend the zoning ordinance to bring it into consistency with the remainder of the municipal code. Staff was recommending in favor of the amendment and City Attorney Hargreaves could address the issue of why. Mr. Hargreaves explained that the United States Supreme Court determined that adult entertainment was a protected expression under the First Amendment and that cities were required to allow that type of expression unless they had a good reason not too and any type of regulation imposed on that type of expression must be directed at the secondary effect rather than the content of the expression itself. There had been a decent amount of litigation in the courts regarding exactly what cities could and could not do; it was on-going and there was a lot of gray area out there. The general understanding now was that a city had to provide locations where they were permitted. There could not be a situation where through discretion in the ordinance the locations were not accessible. It had to be a straight forward process to meet certain conditions to open an establishment. Several years ago the Palm Desert Ordinance was updated and it regulated to some extent these establishments and it was written into that ordinance that these establishments would be permitted in the Service Industrial zone. If someone came to Palm Desert and wanted to put in one of these uses in the Service Industrial zone, they had the right to put it there. What happened was that the zoning ordinance did not get amended at the same time so there was an anomaly in the city code, but by amending the zoning ordinance to include this as a permitted use, they 44 MINUTES PALM DESERT PLANNING COMMISSION JUNE 21, 1994 were not changing the law, it was already a permitted use in the Service Industrial zone. They were in the process of amending the ordinance regarding adult entertainment again to clarify it and make it more impervious to judicial review. As case law developed ordinances were modified to a certain extent to insure an ordinance was not open to attack. He said they would be going through that exercise in the next month or so. Chairperson Spiegel asked if this was related to the situation with the Paradise establishment. Mr. Hargreaves indicated that particular matter was in litigation and he preferred not to comment at this time. Chairperson Spiegel opened the public testimony and asked if anyone wished to speak in FAVOR or OPPOSITION. MR. ROBERT STONICK, 41-965 Hemingway Court in Palm Desert, stated that the explanation was not clear and seemed to be a make work situation. Since 1984, ten years, what was the purpose of changing it now--just to get the record straight or was there someone interested in coming into the area. Mr. Diaz stated that the reason for correcting it now was based on recent Supreme Court decisions both at state and federal .levels dealing with adult entertainment. That was why the present ordinance and codes were being brought up to date. Mr. Stonick noted that the decision was made in 1984 . Mr. Diaz stated he was talking about decisions made by both of those judicial bodies since 1984 . Mr. Stonick asked if anyone had been trying to get into the area with the adult entertainment activities . Mr. Diaz replied that there were no applications at the present time, although the city was currently in litigation regarding a place that could be deemed adult entertainment. Mr. Stonick said that the particular area the city was talking about, the service industry bounded by Cook and Hovley had considerable residential area around it and weaved inside of it. He asked if there were any restrictions or limitations if anything did come in as 45 MINUTES PALM DESERT PLANNING COMMISSION JUNE 21, 1994 to how close they could be to the residences, the high school and grade schools . Mr. Diaz replied yes, and they were not limiting it to the service industrial area that was presently zoned in the city; they were limiting other service industrial areas that would be near the railroad tracks. Within 500 feet of R-1, R-2, R- 3, PR, PC, or within 500 feet of any C-1 zones in the city no adult entertainment establishment could be established. Mr. Stonick felt that 500 feet was not enough when talking about an industry that promotes crime. He felt that staff played the issue down when referring to a bookstore. They were opening up that area to the possibility of other types of entertainment, which was undesirable. He did not know if this could be delayed or if it was possible to work around it and consider alternatives . Mr. Diaz stated that the problem was that if there was no ordinance limiting it, then there was an effect of almost no limitation at all . Secondly, as indicated by the city attorney, there had to be a practical way of allowing it; if they made it so that it could not go in, the courts would say there was no ordinance at all and it meant they were back to where they were before. The best example of this was the case of the City of Los Angeles where their original ordinance limited adult entertainment to the end of the LAX freeway and about six feet under the Pacific Ocean. The court said no, that they had to be somewhat reasonable. Unfortunately when trying to bring an ordinance like this current, there was a great deal of fear out there, but there had not been a great deal of applications or people asking to come into Palm Desert. Chairperson Spiegel asked if the city could go beyond the 500 feet. Mr. Hargreaves replied that the courts had not clearly established what the dispersion requirements would be; generally speaking there had to be some locations within the zones to allow them. It was a question of within the particular zone, there had to be a few places in that zone where it could be done, or the city would be in trouble. There was no requirement as to how many feet. Mr. Stonick asked what kind of trouble the city would be in--would they be audited by the federal government for this requirement. 46 MINUTES PALM DESERT PLANNING COMMISSION JUNE 21, 1994 Mr. Hargreaves explained that when someone comes into the city and leases space somewhere that was an inappropriate spot and goes to the city and says they want to do it there, and you tell them that under the ordinance they can't, you end up getting in litigation and the court determines that the ordinance is invalid, the business they established would be stuck there. That was the problem. If there isn't an ordinance that meets constitutional requirements, then you have no ordinance and no control . Mr. Stonick said that Ordinance No. 371 says that it severely limits the location of these businesses . That means you can locate those businesses within the service industrial district, but it severely limits them. He asked how that happened and for a demonstration. Mr. Hargreaves stated that the adult entertainment ordinance, chapter 5 .88 has a dispersion requirement in it--you can' t locate within 500 feet of R-1, R-2, R-3, PR, PC, PI zones, within 500 feet of C-1 or within 500 feet of any personal legal property that had a church, public building, schools, or within 500 feet of other adult entertainment establishments, or within 500 feet of business involving on premises sale of liquor. Mr. Stonick stated that the city did have within its ordinance restrictions and it severely restricted them from going any place within the area that they wanted. Mr. Hargreaves said that was correct, there were severely restricted. He explained that the dispersion ordinance was already in the adult entertainment ordinance and it controls where these uses can be placed; the problem was there was an adult entertainment ordinance that said they could locate businesses in the service industrial zone but 500 feet from churches and schools . In the zoning ordinance the service industrial part did not include adult establishments as a permitted use, so there was an anomaly in the city codes--one point said they could be permitted and another one said no. They were amending the zoning ordinance to conform with the adult entertainment ordinance. Commissioner Jonathan stated that they were just tying up a loose end; they have an ordinance in the code but the zone failed to be consistent with it. That was all it was . 47 MINUTES PALM DESERT PLANNING COMMISSION JUNE 21, 1994 Commissioner Beaty said that no one there was trying to promote or invite adult entertainment, but they were trying to make it so that someone could not cause the city problems . Mr. Hargreaves stated that they were making the restrictions in place more enforceable. MS . ROSANNA RADOLPH, a resident of Primrose located off Cook and Hovley, stated that she was within a mile of that area under discussion. She asked if the commission was aware that there were 60 children that lived on their street alone in Primrose, which was 39 homes . Then there was the Sandcastle development with 20-30 children and then the Vista del Montanas, which was directly across the Cook and Hovley area that was zoned for this . The bus stop for the middle school was at the corner of Cook and Hovley. She said that she had a problem with kids getting off the bus and walking, many by themselves, along a mile and a half to get to their homes in an area where there might be people who go into places to get sexually excited and then walk out. She had a real problem with that. She did not think this was an appropriate area. The other problem was that the high school established a two mile walking distance, so there was no bus service in their area. They have high school kids who do walk to summer school every day and they cut through this area and she felt it was an incredibly dangerous thing for the city. She knew it was a Supreme Court ruling, but sometimes maybe common sense had to be used to protect the children. She stated that it was inviting trouble to have the high school, middle school and new Hovley school and that again was within walking distance. It would be inviting problems to have any type of adult entertainment of that sort in the area. She hoped the commission would really consider this because she worked a lot with the schools and they had so many problem children, they did not need to invite anything like this to it. Mr. Diaz clarified that the city was not "inviting" adult entertainment establishments at all . What the city was doing was making the present legal requirements to control adult entertainment establishments stronger. In the specific areas identified there would not be any adult entertainment establishments permitted within 500 feet of the streets because across those streets were residential uses . There might be spots inside the service industrial area. If he said there were no areas within the service industrial area 48 MINUTES PALM DESERT PLANNING COMMISSION JUNE 21, 1994 that would allow this, he would be testifying against the city's own ordinance and the city would lose. The purpose of the ordinance was to control . They would not be able to locate near any streets or schools . However, no legislation or ordinance on the city' s part or state' s part can possibly substitute for family direction and family values . The ordinance before the commission was the strictest. If challenged they would be able to defend it, but he did not know if it would withstand that challenge. He felt confident it would or they would not be there. He said that right now if they did not amend the code, an establishment could be located not only within the service industrial zone, but possibly within any commercial zone in the city. They were trying to limit it. He stated that this was the zone that they would want that type of business to develop in if it developed at all . It would not be impossible, but difficult to locate an establishment in this zone. There might be some industrial zoning established at a later date that would be along the railroad tracks, but it would be difficult. Chairperson Spiegel asked if it would be correct to say that there are no applicants for this type of business in this zone; Mr. Diaz replied yes . Ms . Radolph said that one thing they tried to promote with their children was that this was not the most appropriate type of behavior, but unfortunately people that frequent those establishments didn' t find it inappropriate to approach children and flash or ask them to come up to their cars where they are sitting there without clothes on. She said they do that do adults and she had that done to her. She did not want something like this going on. She stated that there was a mini mart down the road where a lot of children ride their bikes to and they were faced with the situation where they wanted their children to be independent and let them grow up, but by the same token if they know something like that is right around the street corner from 15 and 16 year olds, she would be worried about them riding their bikes around there. She did not think that in Palm Desert she should have to worry about that kind of thing. She felt it had been proven over and over again that it was a danger. She noted that she was very involved in the Washington Charter School and one reason was that they were willing to take the "bull by the horns" and start changing the bureaucracy and changing the things that didn' t make sense. She felt it was time for the cities and citizens to take back their 49 MINUTES PALM DESERT PLANNING COMMISSION JUNE 21, 1994 cities and start saying no, this type of thing would not be in it--it was too dangerous for our children and families . Commissioner Jonathan stated that this was a sensitive issue and unfortunately one that evoked a great deal of misinformation. He said that he has children and he was as concerned about this issue as anyone, but there was no indication or proof that adult entertainment was a direct link to child pornography or someone sitting in their car flashing. Furthermore, there was a linkage in Ms . Radolph' s statement to the mini mart and he happened to know the owner/operator who was also a family person and they were not having any kinds of problems . He also wanted to make clear that the law gives adults the right to be entertained in the way they choose, whether we like that law or not. What' s going on here was the city was trying to control where that type of entertainment could take place within the city. They had to provide a zoning for it. If they didn't pick service industrial, what were the other choices : neighborhood commercial, office professional, residential--out of those choices where would they want it. This was the most logical and what the municipal code already contains, they were just tying up a loose end and making it stronger. To make their limitations stronger so that they could control where this kind of activity could take place. MR. DON BARRY, a resident of the Sandcastle development, asked if the ordinances for zoning were specific in that they had to specifically draw out the types of businesses that could locate in a specific zone. Commissioner Jonathan replied yes, they listed the permitted uses . Chairperson Spiegel noted that was why they had to make an exception for the church with a school. Mr. Barry asked if the zoning ordinance could be left mute in that instance when it was already drawn out in the city ordinances . Mr. Diaz said that was why this issue was before the commission. He indicated that the ordinance the city has had since 1984 and what they were trying to do was clarify it and take care of the paper work. In 1984 they said it was allowed in the service industrial zone, but they did not mention it in the service industrial zone. It apparently had done a good job because he had not seen a great many adult entertainment establishments coming into the city--they were 50 MINUTES PALM DESERT PLANNING COMMISSION JUNE 21, 1994 not out there. As indicated by the city attorney, by putting in that service industrial zone they have identified a zone it could go into. As indicated by Commissioner Jonathan, there wasn't any other zone for it to go into. What they had was the same ordinance, they were just saying in the zoning ordinance what the adult entertainment ordinance says . The only place they can locate in is the service industrial zone. The ordinance that has served the city since 1984 fairly well and would continue to serve them. Now it could not be challenged. Mr. Barry said that the original ordinance was written in 1984 . During that time the residential areas had grown up around the service industrial areas that weren' t there or populated. It might have made since at that time and they probably did not have much opposition at that time for putting these types of businesses in this service industrial zone. He said that if they brought this back up today, that might change significantly. . He would certainly come forward and people he knew would also come forward to object to it being placed in those areas . He did not want to see it appear in the zoning ordinance, he wanted to see the original ordinance revisited and perhaps some other zoning arranged where these businesses might establish themselves . It was not an issue of they shouldn't be allowed somewhere, but he was contending that the city had grown substantially and the makeup of the industrial areas had changed significantly and it probably was no longer appropriate to say that a 1984 judgement applied just as well today as it did in 1984 . He wanted that considered and instead of adopting and "cleaning up a loose end" they really needed to go back and revisit the other end of the issue and see if it still made sense and was appropriate. It may have served until today as the proper place for these businesses, but he did not think that would continue into the future. Chairperson Spiegel suggested that Mr. Barry look at the zoning ordinance for the city and come up with a recommendation, because there was residential, commercial, and different types of commercial--office buildings versus theaters and grocery stores and malls and the industrial zone. That was basically how it was broken down. He suggested that Mr. Barry go to the planning department and they would get him a copy to take home and if he had some recommendations, he could come back and give it to them. 51 MINUTES PALM DESERT PLANNING COMMISSION JUNE 21, 1994 Mr. Barry said he would be happy to and thanked the commission for listening. Commissioner Jonathan commented that just because something was zoned one way did not give an applicant the right to go there. They have had applications that involved selling of liquor that they determined was too close to a school along Alessandro and it was denied. It was a permitted use in the zone along Highway 111, but residents objected and the commission determined that it was inappropriate and it was defeated. There were many pockets within in the service industrial zone that were too close to residential, bus stops, schools and so forth and they would have a basis for denying those applications. The danger they ran into was if there wasn't a potential zoning, someone could say they wanted it next to the Palm Desert High School and the courts would say that because the city did not provide a place where they could do it, then they could do it anywhere they wanted. That was the situation they were trying to avoid. MR. LARRY MCMACKEN, 74-596 Yucca Tree, stated that it sounded to him that the 500 feet was a minimum and suggested 1000 feet. He asked if that could be put into the ordinance now instead of 500 feet. He felt that 500 feet was not a large enough radius . Mr. Diaz stated that if they said 1000 feet, they could not do it. If 1000 feet was measured from all of the service industrial area and the uses in there, they would in effect be saying that the use was not allowed. Mr. McMacken stated that 500 feet was five residential lots and that wasn't putting any one out in the sticks. It was not enough. He suggested that the commission go for 1000 feet. Chairperson Spiegel closed the public testimony and asked for comments from commission. Chairperson Spiegel noted this was already on the books and the city was just tying up a loose end. It had been there since 1984 . As suggested by Commissioner Jonathan, if they applied to the city they would have to come before the commission for approval at an open hearing. 52 MINUTES PALM DESERT PLANNING COMMISSION JUNE 21, 1994 Action: Moved by .Commissioner Whitlock, seconded by Commissioner Beaty, approving the findings as presented by staff. Carried 4-0 . Moved by Commissioner Whitlock, seconded by Commissioner Jonathan, adopting Planning Commission Resolution No. 1652, recommending to city council approval of ZOA 94-2 . Carried 4-0 . B. Continued Case Nos . GPA 93-4, C/Z 93-4, PP 93-6 and TT 27882, - ROBERT L. MAYER TRUST, Applicant Request for approval of a tentative tract map for a residential condominium project on 31 acres and a general plan amendment and change of zone from medium density residential (PR-7) to PC-2 (district commercial) on 9 . 1 acres with a precise plan of design allowing for up to 86,220 square feet of neighborhood shopping center at the northeast corner of Country Club Drive and Monterey Avenue. Chairperson Spiegel reopened the public testimony and asked the applicant to address the commission. MR. ED SLOMAN, KWC Engineers, stated that there was a lot of discussion. As indicated by Mr. Folkers there would be a project coming forward that would address the intersection. Again, Mr. Mayer, the consultants and the two developers felt that with the additional rights of way that wouldn' t be gotten from the south side of Country Club and what they would be giving on the north side, as well as the improvements that would improve that intersection immediately, they would like to be underway in six or seven months to start that process . They discussed with Mr. Gaugush that those improvements for Monterey and Country Club would all go in simultaneously as one project. Secondly, the developer would like to move the project forward. He said he had a question directed to Commissioner Jonathan; at the last meeting they had good dialogue with Commissioner Whitlock who was concerned with the image and impression along Monterey and Country Club. They felt they widened the lots out and made some adjustments and lost lots . 53 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: June 21, 1994 CASE NO: ZOA 94-2 REQUEST: Consideration of an amendment to the zoning ordinance to add "Adult Entertainment Establishments" as a permitted use in the S. I . , Service Industrial District. APPLICANT: City of Palm Desert I . BACKGROUND: In 1984 the city council pursuant to direction from the city attorney' s office updated the city's regulations as they apply to "adult entertainment establishments" . This was necessitated by a supreme court ruling which ruled that cities could not outright prohibit these uses . Ordinance No. 371 enacted in 1984 severely limits the location of these businesses within the S. I . , service industrial zone and requires certain minimum separation from other existing uses . Ordinance No. 371 was passed under title 5 of the municipal code "Business Taxes, Licenses and Regulations" . II . ANALYSIS : It recently was determined that "adult entertainment establishments" were not listed as permitted uses in the service industrial (S. I . ) district of the zoning ordinance which is contained in Title 25 of the municipal code. At this time then we are attempting to make the zoning ordinance text consistent with the rest of the municipal code. The use(s) provided for in the "adult entertainment" ordinance chapter 5 . 88.020 will be outright permitted uses subject to their compliance with the parking requirements for the specific use (i .e. an adult bookstore will be required to provide parking as required for a regular retail bookstore in the C-1, general commercial zone) . As well, if the use is restricted to after normal business hours (i .e. after 5:00 p.m. ) then a parking requirement modification may be available. III . CEQA REVIEW: The use presently is permitted in the S. I . zone pursuant to the adult entertainment ordinance. Approval of this ordinance will result in the municipal code being internally consistent. A minor amendment to the zoning ordinance such as this is a Class 5 categorical exemption for the purposes of CEQA. No further documentation is necessary. STAFF ZOA 94-2 JUNE 21, 1994 IV. RECOMMENDATION: That Case No. ZOA 94-2 adding "Adult Entertainment Establishments" as permitted uses in the service industrial (S. I . ) district be recommended for approval to the city council. V. ATTACHMENTS: A. Draft resolution. B. Legal notice. C. Municipal Code Section 5 . 88 Prepared by Reviewed and Approved by-� ,, , LY SRS/tm 2 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT TO ADD ADULT ENTERTAINMENT ESTABLISHMENTS AS A PERMITTED USE IN THE SERVICE INDUSTRIAL (S. I . ) DISTRICT. CASE NO. ZOA 94-2 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21st day of June, 1994 , hold a duly noticed public hearing to consider the amendment to the zoning ordinance as described above; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89, " in that the director of community development has determined the amendment to be a class 5 categorical exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons to exist to recommend approval of the zoning ordinance text amendment: 1 . The proposed amendment is consistent with the intent of the zoning ordinance and protects the community health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows : 1 . That the above recitations are true and correct and constitute the findings of the commission in this case. 2 . That it does hereby recommend approval of ZOA 94-2 as provided in the attached exhibit labeled Exhibit "A" . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 21st day of June, 1994, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT A. SPIEGEL, Chairperson ATTEST: RAMON A. DIAZ, Secretary PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A" Section 1 That section 25 . 34 .020 is hereby amended to add the following: "M. Adult entertainment establishments as permitted by Chapter 5 . 88 subject to compliance of the specific use with the parking requirements of Chapter 25.58 of the municipal code ( i .e. "adult bookstore" shall comply with parking required for a bookstore in the general commercial C-1 zone) . A parking requirement modification shall be available to businesses which operate only between the hours of 5:00 p.m. and 5 : 00 a.m. subject to it being determined by the zoning administrator that there is adequate off street parking available. " 2 5.88.010 Chapter 5.88 and application ofwords and phrases used in this chap- ter. OPERATION OF ADULT ENTERTAINMENT A. Adult Entertainment Establishment.This term ESTABLISHMENTS is defined to include each and every one of the follow- ing described uses: Sections: 1. "Adult business"means: 5.88.010 Purpose. a. Anybusinesswhich is conducted primarily for the 5.88.020 Definitions. patronage of adults,except any business licensed by the 5.88.030 Permits. State Department of Alcoholic Beverage Control, if 5.88.040 Location. such use is strictly limited to the sale of alcoholic bev- 5.88.050 Permitted adult entertainment erages and food;or establishments. b. Any business otherthan those expressly specified 5.88.060 Amortization of nonconforming uses. in this section, where employees or patrons expose 5.88.070 Operational criteria. specifiedanatomical areas orengageinspecifiedsexual 5.88.080 Employment of and services activities;or rendered to minors. c. Any other business or establishment character- 5.88.090 Application for permit. ized by an emphasis on the portrayal of matter depict- 5.8&100 Renewal of permit. ing, exposing, describing, or discussing or relating to 5.88.110 Investigation. specified sexual activities or specified anatomical areas. 5.88.120 Hearing notice. "Adult business"shall not be deemed to include the 5.8&130 Procedure of hearing. practice of any of the hearing;arts by any person fi- 5.88.140 Ffadhtgs of hearing. censed thereof under the California Business and Pro- 5.88.150 Denial,suspension,revocation of fessions Code. permit. 2. "Adult bookstore"means an establishment hav- 5.88.160 Approval. mg a substantial or significant portion of its stock in 5.88.170 Inspection required. trade,books,magazines or other periodicals which are 5.88.180 Violation—Penalties. distinguished or characterized by an emphasis on the 5.88.190 Other remedies. portrayal of matter depicting,describing,or relating to 5.88.200 Conducting business as a nuisance. specified sexual activities or specified anatomical areas 5.88.210 Sale or transfer or change of location. or an establishment with a segment or section devoted 5.88.220 Transfer of permit. to the sale or display of such material. 5.88.230 Severance clause. 3. "Adult hotel or motel" means a hotel or motel wherein material is presented which is distinguished or 5.88.010 Purpose. characterized by an emphasis on the portrayal of mat- The city council finds that adult entertainment busi- ter depicting,describing or related to specified sexual nesses,because of theirvery nature,have objectionable activities or specified anatomical areas. operational characteristics, particularly when several 4. "Adult minimotion picture theater" means an of them are concentrated under certain circumstances, enclosed building with a capacity of less than fifty thereby having a deleterious effect upon adjacent persons used for presenting material distinguished or areas.Special locational regulation of these businesses characterized by an emphasis on the portrayal of mat- is necessary to insure that these adverse effects will not ter depicting or relating to specified sexual activities or contribute to the blighting or downgrading of the sur- specified anatomical areas for observation by patrons rounding neighborhoods.The primary purpose of the therein. regulation is to prevent the concentration or clustering 5. "Adult motion picture arcade"means any place of these businesses in any one area.(Ord.371§1(part), to which the public is permitted or invited wherein coin 1984) or slug-operated or electronically,electrically,or me- chanically controlled still or motion picture machines, 5.88.020 Definitions. projectors or other image-producing devices are main- Unless the particular provision or the context other- tained to show images to five or fewer persons per wise requires,the definitions and provisions contained machine at any one time, and where the images so in this section shall govern the construction,meaning displayed are distinguished or characterized by an cm- 113 5::•8.020 phasic on the portrayal of matter depicting or descnb- partment of the city of Palm Desert, or his or her ing specified sexual activities or specified anatomical designated representative. areas. F. "Specified anatomiad areas"mean and include 6. "Adult motion picture theater" means an en- any of the following: closed building with a capacity of fifty or more persons 1. Less than completely and opaquely covered used primarily for presenting material distinguished or human genitals,pubic region,buttocks,anus or female characterized by more than an emphasis on the por- breasts below a point immediately above the top of the trayal of matter depicting, describing, or relating to areola•or specified sexual activities orspecified anatomical areas 2. Human male genitals in a discerniblyturgid state, for observation by patrons therein. even if completely and opaquely covered. 7. "Cabaret" means a nightclub, theater or other G. "Specified sexual activities"includes the fellow- establishmentwhich features live performances bytop- ing: less and/or bottomless dancers,go-go dancers, exotic 1. Actual or simulated sexual intercourse,oral co-in- dancers,strippers or similar entertainers,where such ulation,anal intercourse,oral anal copulation,bestial- performances are distinguished or characterized by an ity, direct physical stimulation of unclothed genitals, emphasis on the portrayal of specified sexual activities flagellation or torture in the context of sexual relation- or specified anatomical areas. ship,or the use of excretory functions in the context of 8. "Encounter center" or "rap studio" means any a sexual relationship,and any of the following depicted business agency or person who,for any form of consid- sexually oriented acts or conduct:analingus,buggery, eration or gratuity,provides a place where two or more coprophagy, coprophilia,cunnilingus, fellatio, necro- persons may congregate,assemble or associate for the philia, pederasty, pedophilia, piquerism, sapphism, primary purpose of engaging in,describing or discuss- cocerasty.or ing specified sexual activities or specified anatomical areas 2 Cleazlydepictedhumangenitalsinstateofsexual stimulation,arousal or tumescence;or 9. "Figure model studio" means any premises or 3. Use of human or animal masturbation,sodomy, mobile facility where there is conducted the business or oral copulation,coitus,ejaculation;or transaction of furnishing,providing or procuring figure 4. Fondling or touching of nude human genitals, models who pose for the purpose of tieing observed or pubic region,buttocks or female breast,;or viewed by any person, or being sketched, painted, 5. Masochism, erotic or r,eaually oriented torture, drawn,sculptured,photographed,filed,videotaped or beating or the infliction of pain;or otherwise similarly depicted in the nude before persons 6. Erotic or lewd touching,fondling or other con- who pay a fee,or any other thing of value,as consider- ation,compensation or gratuity,for the right or oppor- tam with an animal by a human being;or 7. Human excretion,urination,menstruation,vagi- tunity to so observe a figure model,or for admission to, nal or anal irrigation(Ord.371§I(part),1984) permission to or as a condition cif, remaining on the premises."Figure model studio"does not include any 5 88.030 Permits. studio or classroom which is operated by any public agency,or any public or private educational institution A. It is unlawful for any person, association,part- authorized under California Education Code Section nership or corporation to engage in,conduct,carry on, 94300 et seq.,to issue and confer a diploma or degree. or to permit to be engaged in,conducted,or carried on, B. "City manager" means the city manager of the in or upon any premises within the city,the business of city of Palm Desert,or his or her designated represen- an adult entertainment establishment as herein de- tative. fined,without possessing a permit issued pursuant to C. "Employee" means any person over eighteen the provisions of this chapter for each and every sepa- years of age who renders any service in connection with rate office or place of business conducted by the above. the operation of an adult entertainment establishment The permit fee required hereby shall be in addition to and receives compensation from the operator of the any other license,permit or fee required under any of business or patrons. the provisions of this code. D. "Permittee"means the person to whom a permit B. Neither the filing of an application for the per- has been issued. mit, nor payment of any other license, permit or fee E. "Police chief"means the chief of the police de- required under any other provision of this code,shall 114 5.88.030 authorize the engaging in, conducting or carrying on of 5. Within five hundred feet of any business involving an adult entertainment establishment. an on-premises sale of liquor or alcoholic beverages. C. The application fee for an adult entertainment B. The measure of reference distance in this section establishment permit shall be five hundred dollars and is shall be a straight line from the nearest property line non refundable and shall be used to defray the cost of containing the adult entertainment establishment to the investigation,processing and hearing as set forth herein. nearest property line of an affected use, without regard The fee set forth herein shall be in effect until the city to intervening structures. (Ord. 672 § 1, 1992: Ord. 371 council shall by resolution fix some other rate based upon § 1 (part), 1994) a cost factor. D. All permits shall expire on December 31st of the 5.88.050 Permitted adult entertainment calendar year for which they were issued Applications establishments. for renewal of a permit shall be made on or before Novem- A. Any adult entertainment establishment not specifrcal- ber 30th of the year preceding the year from which a ly permitted by the provisions of this section shall he renewal permit is sought.The renewal application fee for prohibited until such time as this section may be amended an adult entertainment establishment permit shall be one to permit such establishment.The establishments specifically hundred dollars. Said renewal application fees are permitted are as follows: nonrefundable and shall be used to defray the cost of 1. Adult bookstore; investigation and processing the renewal applications.The 2. Adult hotel or motel; fee set forth herein shall be in effect until the city council 3. Adult minimotion picture theater, shall by resolution fix some other rate based upon a cost 4. Adult motion picture arcade; factor. (Ord 371 § 1 (part), 1994) 5. Adult motion picture theater, 6. Cabaret: 5.88.040 Location. 7. Encounter center or rap studio: A. No adult entertainment establishment shall be 8. Figure model studio. established in the following locations: B. All permitted adult entertainment establishments 1. In any zone other than the SI or service industrial shall comply with all regulations and provisions of this zones: chapter except as otherwise provided in this chapter.Noth- • 2. Within five hundred feet of any R-1,R-2,R-3,PR, ing in this chapter shall be construed as permitting any PC.PI zone and five hundred feet of any other C-1 zones activity otherwise prohibited by state or local law. (Ord. in the city of Palm Desert: 371 § 1 (part), 1984) 3. Within five hundred feet of any parcel of real property in which is located any of the following uses or 5.88.060 Amortization of nonconforming facilities: uses. a. "Church"defined herein as any facility used prima i- The provisions of True 25 of this code dealing with ly for worship of any religion,or used for other religious nonconforming uses shall not be applicable to adult enter- purposes, tainment establishments.Instead the following amortization b. City,county,state,federal or other governmental schedule shall apply to all adult entertainment establishments public buildings, including but not limited to city halls, which do net conform to the terms of this chapter but libraries, police and fie stations and post offices, otherwise are legally existing on the effective date of the c. "Schools" defined herein as: ordinance codified in this chapter. i. Institutions for teaching minor children (e.g.,day A. For an adult entertainment establishment legally schools, elementary schools, secondary schools, high existing in the city of Palm Desert for a period of no less schools); and - than six months preceding the effective bate of the ordi- ii. Institutions of higher learning receiving approved nance codified in this chapter. one hundred twenty days: graduates of preparatory school and offering instructions B. For an adult entertainment establishment legally in art,letters and science,leading to the bachelor's degree existing within the city of Palm Desert for a period of no or master's degree (e.g., colleges and universities). less than three months preceding the effective date of the The aforesaid institutions may be funded and/or operated ordinance codified in this chapter ninety days: either by governmental public authorities or by private organizations: 4. Within five hundred feet of any other adult enter- tainment establishment: 115 (Palm Damn r.wtm 5.88.b60 C. For an adult entertainment establishment legally I. The permit required by this chapter shall be dis- existing within the city of Palm Desert for any period up played in a prominent area. (Ord. 371 § 1 (part), 1984) to three months preceding the effective dale of the ordinance codified in this chapter sixty days. (Ord. 371 § 1 (part), 5.88.080 Employment or and services 1984) rendered to minors prohibited. No holder of an adult entertainment establishment permit 5.88.070 Operational criteria. shall employ any person under eighteen years of age: nor In addition to the base zone requirements governing shall such permittee provide any service for which it use and minimum development standards, the following requires such permit to any patron. customer or person additional requirements shall be met by adult entertainment under eighteen years of age. (Ord. 371 § 1 (part). 1984) establishments: A. The use shall have a separate business entrance 5.88.090 Application for permit. adjacent to the required parking area and no other nonadult A. Any person,association,partnership or corporation use shall be permitted in the same building space while desiring to obtain a business license tax certificate and a used as an adult entertainment establishment. permit for an adult entertairunent establishment shall make B. All signing and architectural graphics shall comply an application.under oath,to the city manager upon a form with the provisions of Title 25 of the code of the city of provided by the city manager showing: Palm Desert. 1. The name, current permanent residential address C. Maximum occupancy load rim exits, aisles and and telephone number of the applicant: fire equipment shall be regulated,designed and provided 2. The business name,proposed business address of in accordance with the fire department and building and the adult entertainment establishment and its telephone safety division regulations and standards. number. D. All building openings,entries,windows,etc.,shall a. If the applicant is a corporation,the name shall be be located covered or screened in such a manner as to exactly as set forth in its articles of incorporation and it prevent a view into the interior from outside the building. shall provide a copy of its articles of incorporation. The E. Lighting in Parking Lots.Lighting shall be required applicant shall show the name and residence address of which is designed to illuminate all off-street parking area each of the officers,directors and each stockholder owning serving such use for the purpose of increasing the personal not less than ten percent of the stock of the corporation safety of store patrons and reducing the incidence of and the address of the corporation itself, if different than vandalism and theft. the address of the adult entertainment establishment F. Amplified Sound.No loudspeakers or sound equip- b. If the applicant is a partnership,the application shall ment shall be used by an adult entertainment establishment show the name and residence address of each of the partners for the amplification of sound to a level discernible by including limited partners and the address of the partnership the public beyond the walls of the building in which such itself,if different than the address of the adult entertainment use is conducted. establishment; G. The building entrance to the adult use shall be 3. The name and permanent address of the owner of clearly and legibly posted by a notice indicating that minors the property upon which the applicant intends to locate are precluded from entering the premises.As used herein, the adult entertainment establishment If the property owner "minor" means an individual less than eighteen years of is a corporation,the name shall be exactly as set forth in age. its articles of incorporation and the applicant shall show H. Commercial businesses licensedor operating within the name and residence address of each of the officers. the city shall not display or exhibit any material in a manner directors and stockholders owning not less than ten percent which exposes to public view photographs or illustrations of the stock of the corporation. If the property owner is of specified sexual activities or one or more naked adults a partnership, the application shall show the name and in poses which emphasize or direct the viewer's attention residence address of each of its partners,including limited to the subject's genitals.As used herein,"exposes to public partners; view," means exposes to the view of the person outside 4. In the event the applicant is not the owner of record the building in which the commercial business is located. of the real property upon which the adult enter- (Palm own 7-921 116 5.88.090 tainment establishment is or will be located,the appli- and date of birth of the applicant.If the applicant is a cation must be accompanied by a notarized statement corporation, this requirement applies to each of the from the owner of record of the real property acknowl- officers,directors and/or stockholders owning not less edging that an adult entertainment establishment is or than ten percent of the stock of the corporation.If the will be located on the property.In addition,the appli- applicant is a partnership,this requirement applies to cant must furnish a copy of the lease or rental agree- each of the partners,including limited partners; ment pertaining to the premises in which the adult 12. The business, occupation or employment his- entertainment establishment will be located; tory of the applicant for the last five-year period im- 5. The date, hours and location where the adult mediately preceding the date of filing of the applica- entertainment establishment is proposed to be con- tion.If the applicant is a corporation,this requirement ducted,and the admission fee,if any,to be charged; applies to each of the officers,directors,and/or stock- 6. The name(s) of person(s) having the manage- holders owning not less than ten percent of the stock of ment or supervision of the applicant's business; the corporation.If the applicant is a partnership,this 7. Whether or not the applicant has been convicted requirement applies to each of the partners,including of a crime, the nature of such offense, the date of limited partners; conviction,place convicted and the sentence received 13. Each residence and business address of the ap- therefor. plicant for the five-year period immediately preceding If the applicant is a corporation, this requirement the date of the filing of the application.If the applicant applies to each of the officers,directors and/or stock- is a corporation,this requirement applies to each of the holders owning not less than ten percent of the stock of officers,directors and/or stockholders owning not less the corporation. If the applicant is a partnership,this than ten percent of the stock of the corporation.If the requirement applies to each of the partners including applicant is a partnership,this requirement applies to limited partners; each of the partners,including limited partners; 8. Whether or not the applicant has ever had any 14. One front-face portrait photograph of the ap- similar license or permit issued by such agency revoked plicant at least two inches by two inches and a complete or suspended,or has had any professional or vocational set of applicant's fingerprints which shall be taken by license or permit revoked or suspended, and the rea- the city police. If the applicant is a corporation, one sons therefor, and the business activity or occupation front-face portrait photograph at least two inches by subsequent to such action of suspension or revocation. two inches of all officers, directors and stockholders If the applicant is a corporation,this requirement ap- owning not less than ten percent of the stock of the plies to each of the officers,directors and/or stockhold- corporation and a complete set of the same officers', ers owning not less than ten percent of the stock of the directors'and stockholders'fingerprints which shall be corporation. If the applicant is a partnership,this re- taken by the city police.If the applicant is a partnership, quirement applies to each of the partners, including one front-face portrait photograph at least two inches limited partners; by two inches in size of each partner,including limited 9. Driver's license or other acceptable identifica- partners in the partnership,and a complete set of each tion and social security number of the applicant.If the partner or limited partner's fingerprints which shall be applicant is a corporation,this requirement applies to taken by the city police; each of the officers, directors, and/or stockholders 15. A detailed description of the proposed enter- owning not less than ten percent of the stock of the tainment,including type of entertainment,number of corporation. If the applicant is a partnership,this re- persons engagedin the entertainment and any further quirement applies to each of the partners, including information about the entertainment or entertainers, limited partners; as the city manager may deem necessary; 10. Acceptable written proof that the applicant is at 16. The name and address of any other adult enter- least eighteen years of age.If the applicant is a corpo- tainment establishment owned or operated by any per- ration,this requirement applies to each of the officers, son whose name is required to be given in subsection directors and/or stockholders owning not less than ten B; percent of the stock of the corporation.If the applicant 17. A description of any other business to be oper- is a partnership,this requirement applies to each of the ated on the same premises or on adjoining premises partners,including limited partners; owned or controlled by the applicant.If the applicant 11. The height,weight,color of eyes, color of hair is a corporation,this requirement applies to each of the 117 5.98.090 officers,directors and/or stockholders owning not less These departments shall within thirty days inspect the than ten percent of the stock of the corporation.If the premises proposed to be operated as an adult enter- applicant is a partnership,this requirement applies to tainment establishment and shall make written verifi- each of the partners,including limited partners; cation to the code compliance department concerning 18. Authorization for the city, its agents and em- compliance with the codes of the city,Riverside County ployees to seek information and conduct an investiga- and the state of California,that they administer.If such tion into the truth of the statements set forth in the premises are not in compliance,the code compliance application and the qualifications of the applicant for department shall notify the applicant,in writing,of the the permit; deficiencies, and shall cause the reinspection of such 19. Such other identification and information nec- premises to be made upon written request by the appli- essary to discover the truth of the matters required to cant;provided,however,that such request for reinspec- be set forth in the application; tion is made within thirty days after notice of noncom- 20. The names,current addresses and written state- pliance has been given by the code compliance meats of at least three bona fide permanent residents department.The application shall further be referred of the United States that the applicant is of good-moral to the city's police department for investigation of the character.If the applicant is able,the statement must applicant's character and qualifications.The city man- first be furnished from residents of the city,then the ager shall cause the application to be set for hearing county,then the state of California,and lastly,from the before the city council and shall notify the applicant of rest of the United States. These references must be the date of such hearing. persons other than relatives and business associates.If B. The aforesaid procedure shall apply to renewal the applicant is a corporation,this requirement applies applications for permits.(Ord.371§i(part),1984) to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the 5.88.120 Hearing notice. corporation. If the applicant is a partnership,this re- After the city manager has set the application for quirement applies to each of the partners, including hearing,he shall cause notice of the hearing to be given limited partners; within thirty days to all property owners within three 21. Applicant must furnish for any person whose hundred feet of the proposed or actual location of the name is required to be given in subsection 6 the infor- applicant's business. For the purpose of this section, mation requested by subsections 1,9,10,11,12,13,14, notice to property owners shall be sufficient if given to 16,18, 19 and 20. those property owners who appear as such on the last B. The holder of the permit for an adult entertain- equalized assessment roll on file with the city. Addi- ment establishment shall notify the city's code compli- tionally,the city manager shall cause a public notice to ance department of each change in any of the data be published in a newspaper of general circulation ten required to be furnished by this section within ten days days prior to the hearing date.All notices provided for after such change occurs.(Ord.472§1,1986;Ord.371 in this section shall be in the form and manner as §I(part),1984) determined by the city manager. (Ord.371 § 1 (part), 1984) 5.88.100 Renewal of permit. Upon application for a renewal permit, the appli- 5.88.130 Procedure of hearing. cant shall provide all of the information set forth in At the time and place setfor public hearing as to any Section 5.88.090.(Ord.371§1 (part),1984) application,the city council shall hear and determine all facts and evidence relevant to the nature and loca- 5.88.110 Investigation. tion of the proposed adult entertainment establish- A. After an application permit has been filed with ment and the character,reputation and moral fitness the city manager,he shall cause an investigation to be of those who will conduct,participate in or be in charge made by the city's code compliance department The of such adult entertainment establishment.(Ord.371§ code compliance department shall refer copies of the I(part),1984) application to the following departments within five days of receipt of the application:the city's department 5.88.140 FSndings of hearing. of building and safety, the Riverside County Health At the conclusion of the hearing before the city Department, the Riverside County Fire Marshal. council,the city council shall grant an application for 118 5.88.140 an adult entertainment establishment permit if it finds requirement applies to each of the partners,including and determines all of the following: limited partners; A. The traffic generated by the proposed use will H. The city may issue a license or permit to any not impose a greater burden upon the streets and person convicted of any of the crimes described in highways in the area than similar use in the area; subsections D 1 or D 2 of this section if it fords that such B. The conduct of the adult entertainment estab- conviction occurred at least five years prior to the date lishment, as proposed by the applicant,if permitted, of the application and the applicant has had no subse- will comply with all applicable laws,including but not quent felony convictions of any nature and no subse- limited to the city's building,zoning and health regula- quent misdemeanor convictions for crime mentioned tions; in this section.(Ord.371$1(part),1984) C. The applicant has not knowingly made any false, misleading or fraudulent statements of fact in the per- 5.88.150 Denial,suspension,revocation of mit application,or any other document required by the permit. city in conjunction therewith;if the applicant is a cor- After notice and hearing pursuant to the procedures poration,this requirement applies to each of the offi- provided herein the city council shall deny,suspend or cers,directors and/or stockholders owning not less than revoke any permit applied for, or issued under this ten percent of the stock of the corporation. If the chapter,if it finds and determines that: applicant is a partnership,this requirement applies to A. The business as conducted by permittee, its each of the partners,including limited partners; agent(s)or employee(s),or any person(s)connected or D. The applicant or any other person who will be associated with the permittee as general partner,lim- directly engaged in the management and operation of ited partner,director,officer,stockholder owning not the place of the adult entertainment establishment: less than ten percent of the stock of the corporation, 1. Has not done any act involving dishonesty,fraud general manager or other person(s),who is exercising or deceitwith theintent to substantially benefit himself, managerial authority of, or on behalf of permittee herself or another,or substantially injure another,or acting under the authority of such permit, does not 2. Has not been convicted of any crime.A"conic- comply with all applicable laws,including but not lim- tion"shall mean a plea or verdict of guilty or conviction ited to the city's building, zoning and health regula- following a plea of nolo contendere,unless the conic- tions;or tion was so remote in time as to indicate that the B. Permittee,its agents or employee(s),or any per- applicant has been rehabilitated,or the applicant has son connected or associated with the permittee as gen- presented evidence to the chief of police which shows eral partner, limited partner, director, officer, stock- to the satisfaction of the chief of police that the appli- holder owning not less than ten percent of the stock of cant has been rehabilitated, the corporation or general manager or other person(s), 3. The act or crime referred to in subsection D 1 or who is exercising managerial authority of,or on behalf D 2 hereinabove must be substantially related to the of permittee,acting underthe authority of such permit, qualifications,functions or duties of a person engaged has: in the business or practice of the adult entertainment 1. Knowingly procured such permit by false state- establishment; meats,representations or nondisclosure of a material H. The correct permit fee has been tendered to the fact when such fact would have constituted good cause city and,in the case of a check or bank draft,honored for denying the application for such permit or any with payment upon presentation; document required by the city in conjunction there- F. The applicant has not had an adult entertain- with,or ment establishment or other similar permit denied, 2. Ceased to meet any of the requirements for issu- revoked or suspended by the city or any other state or ance of a permit,or local agency within five years prior to the date of the 3. Failed to enforce any of the regulations set forth application; in this chapter or to cooperate with the police depart- G. The applicant is not under the age of eighteen ment by promptly reporting any fight,brawl or other years.If the applicantis a corporation,thisrequirement unlawful activities occurring on the premises,or applies to each of the officers,directors and/or stock- 4. Done any act involving dishonesty,fraud or Be- holders owning not less than ten percent of the stock of ceit with the intent to substantially benefit himself, the corporation. H the applicant is a partnership,this herself or another,or substantially injure another,or 119 'S.88.150 5. Been convicted of a crime. "Conviction" shall not in conflict or derogation of any other actions or mean a plea or verdict of guilty or conviction following proceedings or remedies otherwise provided by law. a plea of nolo contendere,unless the conviction was so (Ord.371§1(part),1994) remote in time as to indicate thatthe applicant hasbeen rehabilitated, or such individual has presented evi- 5.88.200 Conducting business as a nuisance. dence to the chief of police which shows to the satisfac- Any adult entertainment establishment operated, tion of the chief of police that the individual has been conducted or maintained contrary to the provisions of rehabilitated, this chapter shall be and the same is declared to be 6. Such denial may be made only if the act or crime unlawful and a public nuisance, and the city attorney referred to in subsection B 4 or B 5 hereinabove must may,in addition to or in lieu of prosecuting a criminal be substantially related to the qualifications,functions action, in accordance with Title 1 of this code, com- ordutiesofa person engaged in the business orpractice mence an action(s)orproceeding(s)forthe abatement, of an adult entertainment establishment; removal or enjoinment thereof,inthemannerprovided C. The premises for which the permit was issued is by law;and shall take such other steps and shall apply being operated in an illegal or disorderly manner,or to such court(s)as may have jurisdiction to grant such D. Noise from the establishment for which the per- relief as will abate or remove such businesses and mit was issued interferes with the peace and quiet of restrain and enjoin any person from operating, con- the neighborhood.(Ord.371§I(part),1984) ducting or maintaining a massage establishment,bath- house,escort bureau or introductory service contrary 5.88.160 Approval. to the provisions of this chapter.(Ord.371§ 1 (part), The city council shall act to approve or deny an 1984) application for a permit under this chapter within a reasonable period of time and in no event shall the city S,SSy10 Sale or transfer or change of location. council act later than ninety days from the date that the Upon sale,transfer or relocation of an adult enter- application was accepted by the city's code compliance tainment establishment, the permit therefor shall be department.(Ord.371§1(part),1984) null and void unless approved as provided in Section 5.88.140; provided, however, that upon the death or 5.88.170 Inspection required. incapacity of the permittee, heir or devisee of a de- The city police shall from time to time make inspec- ceased permittee,or any guardian of an heir or devisee tion of each adult entertainment establishment for the of a deceased permittee,may continue the adult enter- purposes of determining that the provisions of this tainment establishment for a reasonable period of time chapter are fully complied with.It is unlawful for any not to exceed sixty days to allow for an orderly transfer permittee to fail to allow such inspection officer access of the permit.(Ord.371§1 (part),1984) to the premises or hinder such officer in any manner. (Ord.371§1(part),1984) 5.88.220 Transfer of permit. No permit shall be transferable except with the con- 5.88.180 Violation—Penalties. sent of the city council.An application for such transfer Any person violating any of the provisions,or failing shall be in writing and shall be accompanied by fees to comply with any of the requirements,of this chapter prescribed in Section 5.88.030.The written application shall be guilty of a misdemeanor and upon conviction for such transfer shall contain the same information as thereof,shall be punishable by a fine not to exceed five requested herein for 9 >application for the permit. hundred dollars,or by imprisonment in the county jail ( §1(part), for a period of not more than six months,or by both such fine and imprisonment Each day a violation is 5.88.230 Severance clause. committed or permitted to continue shall constitute a If any section,subsection,subpart or provision of separate offense.(Ord.371§1(part),1984) this chapter or the application thereof to any person, property or circumstance is held invalid,the remainder 5.88.190 Other remedies. of the chapter and the application of such to other The provisions of Sections 5.88.130 and 5.88.200 of persons,properties or circumstances shall not be af- this chapter are to be construed as added remedies and fected thereby.(Ord.371§I(part),1994) 120 U /� G.%7�ir � o`er s �- � . a0 �„��� r s P S - .�.2t.. ���- �. off- � o� 1 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346.0611 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 94-2 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider an amendment to Section 25 . 34 . 020 of the Zoning Ordinance to add "Adult Entertainment Establishments" as a permitted use in the Service Industrial District. SAID public hearing will be held on Tuesday, June 21, 1994, at 7 :00 p.m. in. the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the department of community development/ planning at the above address between the hours of 8:00 a.m. and 5 :00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission (or city council) at, or prior to, the public hearing. PUBLISH: Desert Post RAMON A. DIAZ, Secretary June 8, 1994 Palm Desert Planning Commission AW OFFICES OF BEST, BEST & KRIEG-R _ RECEIVED '94 nfly 31 Pfi 2 Y8 May 26, 1994 MEMORAxCInY CLERK'S OFFICE RECEIVED CITY OF PALM DESERT MAY 1 1994 TO: Ray Diaz, anning Direct COMMIANDV DEVELOPMENT DEPARTMEMT CRY of PALM nmr FROM: Robert W. Hargreaves, Deputy y ttorney RE: Adult Entertainment Establishments Dear Ray: Please find attached an ordinance to amend the zoning ordinance to add adult entertainment establishments as a permitted use within the Service Industrial District. I understand that you have discussed this matter recently with Dave Erwin and that it has been decided to move this amendment forward as soon as possible. If you have any questions regarding this matter, please feel free to call. RWH:js Enc. cc: Bruce Altman, City Manager David J. Erwin, City Attorney RW052413 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 25.34.020 OF THE PALM DESERT MUNICIPAL CODE TO ADD ADULT ENTERTAINMENT ESTABLISHMENTS AS A PERMITTED USE WITHIN THE SERVICE INDUSTRIAL DISTRICT. WHEREAS, Section 5.88.040 of the Palm Desert Municipal Code, provides that adult entertainment establishments shall be established only in SI (service industrial) zones; and WHEREAS, Section 25. 34.020 regarding permitted uses in the SI Service Industrial District does not currently specify adult entertainment establishments; NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES ORDAIN as follows: Section 1. That Section 25. 34. 020 is hereby amended to add the following: I'M. Adult entertainment establishments as ^^ permitted by Chapter 5.88. " �o r ,I c `c5 16 fi Section 2. That the City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published once in the Palm Desert Post, a newspaper of general circulation, printed, published, and circulated in the City of Palm Desert, and the same shall be in force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED this day of , 1994, by the City Council of City of Palm Desert, California, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: S. ROY WILSON, Mayor City of Palm Desert, California ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California RWH52372 ORDINANCE NO. 736 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT TO ADD A DEFINITION OF "FAST FOOD RESTAURANT" . CASE NO. ZOA 93-2 WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th day of January, 1994, hold a duly noticed public hearing to consider the amendment to the zoning ordinance as described above; and WHEREAS, the Planning Commission, by adoption of Resolution No. 1633, has recommended approval; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89, " in that the director of community development has determined the amendment to be a class 5 categorical exemption for the purposes of CEQA; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said city council did find the following facts and reasons to exist to approve the zoning ordinance text amendment: 1 . That the zoning ordinance amendment is consistent with the objectives of the zoning ordinance. 2 . That the zoning ordinance amendment is consistent with the adopted general plan and affected specific plans. 3 . That the zoning ordinance amendment would better serve the public health, safety, and general welfare than the current regulations . NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, as follows : 1. That the above recitations are true and correct and constitute the consideration of the council in this case. 2 . That it does hereby approve a Zoning Ordinance Text Amendment, as provided in the attached exhibit, labeled Exhibit "A" , to amend Municipal Code Section 25. 04 . 684 . 3 . The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. ❑VQ I LGLJL= v Cn ii. uac ---. ..... ... PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this 27th day of January 1994, by the following vote, to wit: AYES : CRITES, KELLY, SNYDER, WILSON NOES: NONE ABSENT: BENSON ABSTAIN: NONE 1 / ROY WIL N,— ayor ` ATT ST: SHEILA R. GrLLIGAN,. Oity Clerk City of Palm Desert/, California 2