HomeMy WebLinkAboutORD 371- O= n4ANCE ;I0 . 3 71
AN ORDMAXE OF THE CITY CBTNCIL OF THE CITY OF
PALS DESERT, CALIFOEYIA, ADDING CHAPTER 3.88 TO
TITLE 5 OF THE CODE OF TEE CITY OF PALM DESERT,
TQ BE KNOG 11 AS THE ' "ULT ySTERTAINIMM" ORDI-
ilA:SCE .
WHEREAS, it has come to the attention a this City
Council that a. certain commercial use, the selling of
sex -oriented materials, is not now a specifically permitted
use under the City' s Zoning Ordinance; and
WHEREAS, this Council recognizes the need to adopt
.reasonable regulations upon* the location, operation,
supervision, management and advertisement of such sellers of
sex -oriented material3; and
WHEREAS, this Council 'finds and determines that such
regulatory authority by the City is necessary and essential
to prevent potentially seriousdetriment to the public
health, safety and general welfare; that the crass
commercial .exploitation of sexual paraphernalia. and other
lewd materials for Libidinal gratification constitutes - a
distortion and debasement of a sensitive and important
relationship of human existence, central to family life,
community welfare and personal development; that such
exploitation is offensive to the senses and to public
morals, and interferes with the interests of the public in
the quality of life and the total community environment, and
with the tone of commerce in the City, City property values,
and our public safety;: that such activities are detrimental
to the health, safety, convenience, and welfare of the City
of Falm Desert and of the- residents, citizens, and
businesses thereof; and
WHEREAS, this Council finds and determines that thQ
uncontrolled commercial exploitation of explicit sexual
conduct creates a clear and present danger to the health,
morals and safety of minor children and families with minor
children; and
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ORDINANCE NO. 371
WSEREAS, this Council finds and determines that the -
uncontrolled exhibition of explicit sexual conduct is likely
to engender lawlessness or disorderly conduct contrary to
the maintenance of the public peace in City by City law
enforcement personnel in ways similar to those experienced
in other cities; and
WHEREAS, this Council in me way wishes. tounduly or
unlawfully restrict the free, exercise of individual speech
liberties, nor unconstitutionally prohibit the operation of
any business within the City; and
WHEREAS, this Counci.l finds and, determines that, based
on the facts
declaredabove,
adoption of
this ordinance
is
necessary for
the protection
of the public
peace, health
and
safety.
WHEREAS., this Council finds and determines that adult
entertainment establishments are consistent with the general
plan: for the City of Palm Desart„ California; and
WHEREAS, this Council finds there is no significant
environmental impact so that a negative declaration is
authorized.
NOW-, THEREEORE,• the City Council of the City of Palm
Desert, California, DOES HEREBY ORDAIN as follows:
Section 1: That Chapter 5.88 is hereby added to
Title 5 of the Code of the City of Palm Desert to
read as follows:
Chapter 5.88
OPERATION OF ADULT ENTERTAINMENT ESTABLISED=S
SECTIONS:
5.38.010 PURPOSE
5.003.020 DEFINITIONS
5.88.030 ?EMITS
5.88.040 LOCATION
050 P EitM I TTADULT ENTEERTA INMENT
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ORDINANCE NO. 371
ESTABLISr T_S
5.33. 060
AMORTIZATION OF NON -CONFORMING USES
5.88.070•
OPERATIONAL. CRITERIA
5.88.080
EMPLOYMENT OF AND SERVICES RENDERED TO
MINORS PROHIBITED
5.38.090
APPLICATION FOR PERMIT .�
5.88.100
RENEWAL OF PERMIT
5.83.110
INVESTIGATION
5.38.120
HEARING NOTICE
5.Y8.130
PROCEDURE OF HEARING
5.38.140
FINDINGS OF HEARING
5.88.150
DENIAL, SUSPENSION, REVOCATION OF PERMIT
5. 88.160
APPROVAL
5.33.170
INSPECTION REQUIRED
S. 38-180
PENALTIES
5.38-190
OTHER REMEDIES
5.88.200
CONDUCTING BUSINESS AS A NUISANCE
5,88.210
SALE OR TRANSFER OR CHANGE OF LOCATION
5.88.220
TRANSFER OF PERMIT
5.33- Z30
SEVERANCE CLAUSE
5.33-240
CITY CLERK'S CERTIFICATION
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oRDINAINCE NO. 371
SECTION 5.03.010 Purpose
The City Council finds that "adult entertainment"
businesses, because of their very nature, have objectionable
operational characteristics, particularly when several of
them are concentrated. under certain circumstances, thereby
having- a deleterious effect upon adjacent areas. Special
locational regulation of these businesses is necessary to
insure that these adverse effects will not contribute to the
blighting or
downgrading
of
the surrounding
neighborhoods.
The primary
purpose of
the
regulation is
to prevent the
concentration or clustering of these businesses in any one
area.
SECTION 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 fallowing: described uses:
(1) Adult Business: (a) any business. which
is conducted primarily for the patronage of adults, except
any business licensed by the StateL Department of Alcoholic
Beverage Control, if such use is strictly limited to the
sale: of alcoholic beverages and food; or (b) any business
other than those expressly specified in this section, where,
employees or patrons expose "specified anatomical areas" or
engage in "specified sexual activities"; or (c) any other
business or establishment characterized by an emphasis on
the portrayal of matter depicting, exposing, describing, or
discussing
or relating to "specified
sexual activities"
or
"specified
anatomical areas". Adult
business shall not
be
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ORDINANCE NO. 371
deemed to include the practice of any of the healing arts by
any person licensed thereof under the California Business
and Professions Code.
(2) Adult book store: An establishment
having a substantial or significant portion of is stock in
trade, books, magazines, or other periodicals which are
distinguished or characterized by an emphasis on the
portrayal of matter depicting, describing, or relating to
"specified sexual activities." or "specified anatomical
areas"• or an establishment with a segment or section devoted
to the sale or display of such material.
(3) Adult hotel or Motel: A hotel or motel
wherein material is presented which is distinguished or
characterized by an .emphasis on the portrayal of matter
depicting, describing, or relating to "specified sexual
activities" or specified anatomical areas".
(4) Adult Mini -motion picture theater: 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.
(5) Adult motion picture arcade: 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
5
ORDINANCE NO. 371 -
portrayal of matter depicting or describing "specified
sexual activities" or "specified anatomical areas".
(6) Adult motion picture theater: 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-
(7) Cabaret: A nightclub, theater, or other
establishment which features live performances by topless
and/or bottomless dancers, go-go dancers, exotic dancers,
strippers, or similar entertainers, where such performances
are- distinguished or characterized by as emphasis on the
portrayal of "specified sexual activities" or "specified
anatomical areas".
(8) Encounter center or rap studio: Any
business agency, .-or person. who, for any form of
consideration or 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".
(9) Figure model studio: 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, dra,.rn,
sculptured, photographed, filmed, videotaped, or otherwise
similarly depicted in the nude before persons who nay a fee,
.or any other thing of value, as consideration, compensation
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ORDINANCE -NO. 371
or gratuity, for the right or opportunity to. sap, 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.
(B) "Specified Sexual Activities" includes the
followinq:
.01 (1) Actual or simulated sexual intercourse,
oral copulation, 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: analingus,
buggery, coprophagy, coprophilia, cunnilingus, fellatio,
necrophilia, pederasty, pedophilia, piquerism, sapphism,
zooerasty; or
(Z.) Clearly depicted human genitals in L
state of sexual stimulation, arousal or tumescence; or
(3) Use of humam or animal masturbation,
sodomy, oral copulation, coitus, ejaculation; or
(4) Fondling or touching of nude human
genitals, pubic region., buttocks or female breasts; or
(S) 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 be! ng; or
(7) Human excretion, urination, menstrua-
tion, vaginal or anal irrigation.
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ORDINANCE NO. 371
(C) "Soecified Anatomical Areas" mean and include
any o f the f o Llowinq:
(1) Laus thaw completely ar3 opaquely
covered humazz genitals, pubic region, but -mocks, anus, or
femala breasts below a. point immediately above the top of
tha. a=eola; or
(2) Sumaa male genitals in a discernibly
turgid state, eve= if completely a & opaquely covered-
(D) City Manager. The City Manager of the. City
of Balm Desert or his or her designated representative.
(E) Emfl_ loi_ Any person over eighteen. (18)
years of aqe; wha renders any service in. coaaectioa with the
cperztioa of am aAn l t entertainment establishment and
recalves.compeasatiom from the operator of the business or
patrons.
(E)
boom issued_
r
Pe=ittee. The: person to whom a. permit has
(G) Police- Chief. The Chief of the Police
Department of the City of Palm Desert, or his or her
desi.gaated representative.
SECTION 3. 83.030 'Pesmxs
(A) Lt shall be 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 pread ses within the City, the business Jf an
adult entartainment establishment a_ herein defined, with,:=
Possessing a permit issued pursuant to the provisions of.
this chapter for each and every separate office or place of
S
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ORDINANCE NO, 371 �, ... •^
business conducted by the above. U2e permit. fee required
hereby shall be: in additioir to any other license, permit. Orr -
fee required under any of the provisions o: .his Code.
(3) Neither the filinq of an application for the
permit, nor payment o£ any other license, permit or fee
required. under any other provizion'o£ this Code, shall.
authorize the engaginq in, conducting or cazryinq on of an_
- adult:entartaiameat establishment.
(Q) The: app licatioa -fee for as adult entertainment
establishment p�=mit shall be EHundred Dcllars
(S Sa0_00 ) and is non- refundab Le and shall. be used to defray
the: cost o£ investigatio=r, 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.
(II) ALL permits. shall expire on December 31 of. the
cs,T and=,- year for which. they were issued. Applications for
renewal of a permit : sha1- T be made on or before November 30
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 ($IrQJQ) Said
renewal. application fees are non-refundable and shall. be
used to defray the cost of investigation and processing said
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.
SELTS ON S . 38; 040 location
(A) No adult entertainment establishment shall be
established in the feillowing Locations:
(1) -In any zone other than the C-1 zones.
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ORDINANCE NO. 371
(Z)' Within two thousand feet of- any R-1, R-2 ,
R-3, RM, PR, PC, Pt zone and 1000 feet of any other than C-1
zones i= the City of Palm Desert.
(3) Within 1000 fest of any parcel of real
property in. which is. located any of the following uses or
s
facilities: '
(a:) Church, defined herein as any facility
used primarily- for worship of any religion, or used for -
other religious purposes;-
(h) City, county, state, federal ar other
govrameataL public buildings, including but not Limited to,
city halls, Libraries, police and fire stations and post
offices;
(c) Schools, defined herein as (A)
iaatftutions for: taach nq- minor children (a. q. , day sehoois,
e1emeatar7'schools, secondary schools, high schools) and (B)
iasti.tutions of higher learning receiving approved graduates
of preparatory school and offering instructions in. arts,
letters and- scienca, leading to the bachelor's degree or
mastar' s degree (e. g. , colleges and uaiverz: ties) . The
aforesaid iastitutioi%s may be funded and/or operated. either
by goveramantaL public authorities or by privata
organizations. --- _
(4) Within 1000 feet of any other adult
entertainmeat establishment:_
(5) Within 1000 feet of any business- involving an
ott premises sale of Liquor or alcoholic beverages.
(B) Chu- measure of ref erenc a distance in thi s
paragraph shall bs± a straight line from tha nearest property
Line containing the adult entertainment establishment to the
nea.res- proparty Una of an Affedtsd use, withuut regard to
intervening St=uct.:res .
SECTION r emitted * adult enterta{-mept
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ORDINANCE No, 371
Any adult entertainment establisbment riot
specifically permittad by the- provisions of ties section
shall be prohibited until such time as this section. may be
amended to permit such establishment. The establishments
specifically permitted are as follows:
(A) Adult bock store;
(3) Adult hotel or motel;
(C) Adultmia4-mctioa picture theater;
(D) Adult motion picture, arcade;
(E) Adult motiozx picture theater;
(F) Cabaret; •
(G) Eacouater- center or rap studio;
(Fi) Ei gure model studio .
ALL permitted adult entertainment establishments
sba1L comply with all requ"tions and provisions of this
chapter except as. otherwise` provided in this chapter -
Nothing ng in this' chapter shall ber coastrued as permitting any
acts vityy otherwisar prohibited by State or- local. law.
SECTION 5.$8.060 Amortization of non—conforminz uses
The pravisions of Chapter 25 of. this Code dealing
with: non -conforming sues shall not be, applicable to adult
ants: airment establishments. Instead, the followiaq
amortization scaedula shall apply to all adult entertainment
establishments which do not confo= to the terms of this
ordinance but otherwise- are legally existing on. the
effective- date of this ardinance:
(A) For, an adult entertainment. establishmenr
.Legally existing iz. the City of Palm Uosert for a period of
no less than six months precedin4 the effec�ive date of t!Lis
ordiza.ace: 120 days.
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"DINANCF ISO. 371
(B) For. as adult entertainment establishment
Legally existing within the City of Balm Desert for a period
of no Less than three months precedinq the effective date of
this-'Jrdinance: 90 days.
(C) For an, adult entertainment establishment
Legally existing] wtthl = the City of Palm Desert for any
period. up to threw months preceding the- effective data of
this o d „a. e: 60 days.
-� • t .,. ., ...,..
I= addition, to the; base zone requirements governing use
and mi ni=u= development standards, the- f o Llawinq additional
regufremeats sha.LL be met ' by adult entertainment
(A) Said user shall have a separate business
art��a adjacent ta: the required parking area and. no other
non=adult use- shall be- pe=itted in. the same building space
wb -I& used as an adult an -tarts 4 mmeat establishment.
(B) All signinq and architectural graphics shall
comply with the provisions of Chapter 25 of the Code of the
City of Palm Desert_
(C) Maxi== occupancy Load, Sire exits, aisles,
and firs equipment shall be•regulated, dasigmed and provided
in accardanca with. the Tire Department and •Building- and,
Safety Division. Regulations and Standards:.
(D) All buildizq openings, entries, windows,
etr'. , shall be I ocated, covered, or screened in 'such . a
manner as to prevent a view into the. interior From outs;de
the b'.1i1 din"7.
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El-
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ORDINANCE NO. 371
— (E) Lighting- in parking Lots. U ghtinq shall be•
required which is designed to il1111ni Hate all off-street
parking areas serving such use for the purpose of*inczeasinq
the personal safety of story patrons and reducing the
incidence of vandalism and theft_
(E') Amplified. sound_ No loudspeakers or sound
equipment shah be used by, an adult entertainment
establishment for the-. amplificatio8 of sound to . a level
discernible by the public beyond the walls of tha building
ia. vhiciz such use is conducted_
(G) The building entrance*to tha adultuse shall
bQ clearly and. 1eqi121y posted by a notices indicating that
minors. are precluded, from: entering the- premises. As used
herein, "minor' means a= individual less than eight=ea years
oZ aqe.
(3) Commercial businesses. Licensed or operating'
withia the City sha1L not display or exhibit any material in
a maaner •dhiclL 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
persozr outside th* building in which the commercial business
is located.
(I) The, permit required by this ordinance shall
be displayed in a prominent area.
ORDINANCE NO. 371
SECTION 5.8,G:080 Emaloymeat of and services rendered to minors
No holder of an. adult entertainment establishment
permit shall
employ any person,
under eighteen, W)
years of
aqe, nor shall
such permitteer
provide any service
for which
ft requires said permit to . any patron,,. customer or person,
uadtr eighteen, (la) years of age.
SECTION 5 , 88 , 090 Arm licatiam for .oesm f t
Any person,. association, partnership or corporation
dasirtng to. obtain, a. business license tax certificate and a
psrmtt fo= a= adult enta - i rmant es..abUshsaent shad.I make
am application,, under oath, to the City Manager upon. a. farm
pravvfdad by the City Manager showing:
(A) The- acme, current permanent residential
z`
address and telephoner number of the applicant; �
(3) The ausiness name, proposed business address
of the adult eataztaJ *+ +eat estabUshazeat and its telephone
mumbar.
L£ the- applicant is. a corporation, the- aame shall
be:exactLy as set forth is its Articles of Incorporation and
ft: shall provide, a copy, of its Articles of Incorporation.
The applicant shall, show the name and residence address o£
eaciL of the officers, directors, and each stockholder owning
apt less than ten (10%) percent of the stock of the
corporation and th!- address of the corporatior itsalf, if
d�Sferent than, the addr-is of the adult entertainment
es -zab i i shment .
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ORDINANCE NO. 371
I£ ther applicant is a partnership, the application
shall shove: 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.
(C) The name and permanent address of the owner -
of. the property upon which the applicant intends. to Locate.
the adult antertaiament establishment. rf the property
owner is a. corporation, the name shall be exactly as. set
forth ins its Articles o£ Incorporation and. the applicant
-shall shout the name, and residence address o£ each of the
officers, directors and stockholders owning not less than.
tea (10%) percent at the: stock of the: corporation. Lf the
property amine= is a parQtership, the application shall shoat
the. name an+d residence address of each of its partners,
including limited partners_
(II) . rm the event tha applicant: is not the owner
of recoz%L of the real. property upon wirLci . the adult
entertainmesnt 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, then applicant must
furnish a copy of the lease or rental agreement pertaining
to- the premises in which the adult entertainment
establishment will be located-
(E) The date, hours and Location where the adult
entertainment establishment is proposed to be conducted, and
the admission fee, if any, to be char3od.
(y) The »ame ( s) of parson(s) having the
mar,
gameat or supervision of the applicant's busine-4s.
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ORDINAUNCE NO. 371
(G) whether or not the applicant has been,
convicted of .a crime, the nature of such offense, the date
of conviction, place convicted, and the sentence received
therefor..-
Lf the applicant is a corporation, this
requirement applies to each or the officers directors,
and/or- stockholders owning- not less than tan (10%) percent
of theet stock: of the corporation. If the applicant is &
partnership._ this requirement applies to each of the
psrtners, iacludiaq limited partners.
(ff) Wt+:ther or not the applicant. has ever had any
similar- license or permit issued by such. agency revoked or
suspendedor- has and any profession&&. or vocational license
or permit revoked or suspended, and the reasons therefor,
and the business- activity or- occupation. subsequent to such
action, of- suspension. a= revocation. If. the applicant is a
corparation,, this requirement applies to each of the
officers, directors, and/or stockholders owning not Less
that tea (10%) percent of the: stock of the corporation. I£
the applicant is a. partners: ip, this requirement applies to
each of the pa.-tners, including limited partners .
(I) Driver's license or other acceptable
identification and social security number o£ the applicant.
If. the: applicant is a corporation, this requirement applies
to each of the officers, directors, and/or stockholders
owning aot less than
tea (1(:7*) percent
of the stock of
the
corporation_ If
the applicant is a
partnership,
this
requirement applies to each of the partners, including
Limited partners.
(J) Acceptable
written
proof that
the applicant
Is at. ;east eighteen. (18)
years of
age. If the
applicant is
a corporation, this requirement
applies to
each of the
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ORDINANCE INTO. 371
officers,. directors, and/or. stockholciars owning sot leas
thaat tea (10!.�) Pe_ -cent of� ttte• stock of the. corporation.. Lf
the applicant is z partnership, this. requirement applies to
each. of the partners, including limitad partners .
(It) The height, weight, color of eyes, color of
hair aact date of birth of the. applicant. Zg the applicant
. is z. corporation, this requirement applies to each, o£ the
vfficars, directors, and/or stockholders owning not less
thaw tea (ZOT) percent of the stock of the cor'poratioa. If
the applicant is r partztershig, this requirement• applies to
eac3� of the par�sters, including limited partners.
(L) Thr business, occupation or emplovmeat
history o£ that applicant• £or thQ Last five (5) year period
. i�ztsiy preceding t�� date. og filing of tht application.
Lam' thsti applicant: is a corporation, this requirement applies
ta� each oL the officers, directors, sad/or stockholders
owning not less than tan (ZO7;) percent of the: stock: of the
corporation.. I£' the- applicant is a panne=ship, this-
regtiiremsat•apglies to each of the: partners, including
limited. pa. -tsars_
(M) Each residence- sad business address c£ the
apglicaat for the fivQ (5) year period immediately precedi.*�g
the► date of the fi,liaq of the; application. Zf the applicant
is a corporation, this requirement applies to each o£ the
. - officers, directors, 'and/or stockholders owriag not less
tharL ten. (ZOO;) percent of the stock of the corporation. Lf
the: applicant is a partnership, this requirement applies to
each of the partners, iacludiaq Limited partners .
(N) One Eroat-faces portrait photograph of the
applicant at least :wo (2 } +aches Sv two (2) in.:hes aa: a
complete g+�t of applicant' s � fi�sgerpriats which shall be
taken by the amity Police. If the applicant is a
z7
- - __ ._...... ....... _. ....s. ,..__ .,. «_..♦ _.., ..._ _.is.,aai.;ik, .!^.rft�.1. �-_.tan::::_
ORDINANCE NO. 371
corporation, one front -face portrait photograph at least two
(Z) inches by two (2)'iaches of all officers, directors, and
stockholders owning not Less than tea percent (10%) of the
stock of said corporation and a complete set of the same
officers', directors', and stockholders' fingerzrints which
shall be take= by the City Police. If the applicant is a
p=*-+ nerxh p, one front -face portrait photograph at least two
(Z) inches by twat (Z) inches is siza of each partner,
including limitecti partners is said partnership, and a
complete set of eae3z partner or limited partner' s
fingerprints which shill bo.takea by the City Police.
(0) & detailed description. of the proposed
eatsrta{ =ent-, ineludinq two of: entertainment, number of
persons -engaged: is the entertairnaent, and any fuz the=
iaformztiom about the entertainment or entertainers, as that
City Manager may dense necessary;
(P) The: name -and address of any other adult
eatartainmment estzhlishment owned at operated by any Person
whose name is required to bt give= in subsection (B) .
(Q) 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 act less
than. tea (10%) percent of the stock of the, corporation. If
they applicant is a partnership, this requirement applies to
each of the partners, including limited partners.
(R) AI.�thorizatic-% for the Cary, its agents and
empj.oyees to seek !, forttar-on and conduct an investigation
into the truth of the statements set forth in the
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ORDINANCE NO. 371
applical== and the qualifications of the applicant for the
perzai t_
.(S) Such other identification and information
necessary to discover the truth of the matters required to
be set forth in the application.
(T) The names, current addresses and written
stztements of at least three, (3) bona. fide permanent
residents of the United. States .that the applicant is of good.
mcraL character_ If the. arapI.icant is able, the: statement
must first be furnished from residents of the City, then. the-
Couaty,, them the State of California. and, Lastly, iron. the
rest of: this United States_ These references must be- persons
other thin relatives and; business associates. If time,
applicant is a corporation, this =equirament applies to each.
of the officers, directors and/or stockholders owning not
Less than tar (10%) percent at the stock of the corporation.
L£ th& applicant is a. par= rship, this requirement applies
to each. of. the partners,. includincT Limited partners.
(Vj Applicant must furnish for any person whose
name, is required to bw given in subsection (F) the:
information required by subsection A, I, J, K, L, M, N, ?I
R, S , 'r.
The holder of the permit for a adult entertainment
establishment shall notify the City Is. Code Enforcement and
Business License of each change in any of the data required
to. be: furnished by this section within ten (10) days after
such change occurs.
ESECTION 5 , 88 ,109 Renewal of vesmit
Upon application
For
a renewal
permit, the
ipp? icant
shall provide, ail of
the
information
set forth
in section
S.as. 090.
19
ORDINANCE N -
1`E�ON .S. moo^ . 110 Iavestigatioa
After an application permit has bee= filed with the,
City Manager, he .t,__all cause an investigation to be made by
the City's Cade Enforcement and. Business License. The Code
Enforcement and Business License shall refer copies of the
application to the,followinq departments within five (5)
days of receipt of the application: the, City's Department
of Building and Safety, the. Riverside County Health
Department,. the Riverside County Ei.te- Marshal. These
departments shall withia•-thirty (30) days. inspect the
premises proposed to be operated as an adult entertainment
establisbmeat and shall. crake- written verification' to the
Coda Enforcement and Business License concerning compliance
with the- Codes of the City, Riverside County and. the State
of California, that they zel?"{ r4 ster. rf such premises are
not i= compliance, the. Code Enforcement and Business License
sha,1L notify the. applicant, in. writing, of the deficiencies,
and shall cause tire- reinspecti.on of such premises to be made
upon: writtaxL request by the- applicant; provided, however,
that such request for reinspec+tion is made within thirty
(30) days altar notice of non-compliance has been given by
the Coder Enforcement and Business License. The application
sha11 further be referred to the City's Police Department
for investigation of then applicant's character and
cftalifieations . The: City Manager sha11 cause the:
application to be sat for hearing before the- City Council.
and shall notify the. applicant of the date of such hearing.
The aforesaid procedure shall apply to renewal
applications for ror:aits.
SaCTI7t1 5 . BS .120 3"ring aotics
?,fter the Ciry Manager has set the -toplicatioa for
hearing, he wall cause notice. of the heariaq to be given.
20
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0--
ORDINANCE NO. 371
within thirty (30_1, dayi to all property owners wi..hin 300^
feat of the proposed or actual Location, of the appli4ant' s
business. For the- purpose of this section, notice to
Property owners shall be sufficient if given to those
property owners who appear as such on the last equalized
assessment roll on file with the City. Additionally, the
CYty Manager shall cause a public notice -to be published in
a newspaper of genera. circulation ten. (10) days prior to
the hearing data. A.1 natices- provided for this section
shall be is the* form and manrsn as determined by the City
Manager•.
SECTION 5.88.130 Procedure of hearing
At the ttma and place sat for public hearinq as to any
application., the City . Council shall hear and. determine all-
• facts and evidence relevant to the- nature and Location, of.
tts prvpase3 adult ente=tai -art establishment and the
c3saractar, reputztiou and morzl fitness of those who will
conduct, participata is or be. in charge of suctL adult
sata*�ai *+meat establishment_
At the conclusion of: the hearinq before the City
Council, the City Council shall grant an application, for as
adult entertainment establishment permit if it finds and
determines all of the followinq:
(A) The traffic generated by the proposed use
�,,i11 not impose a greatar burden upon the streets and
highwav,a in the area than similar use in the area;
(S)
MIR.-
conduct
of
the adult
entertainment
establishment,
as
proposed
by the
applicant,
if permitted*,
4A
ORDT.%AATCE NO. 371 _
will comply with all applicable laws, includinq but: man
limited to the City' s Building, Zoninq and Health
Regulations;
(C) The applicant has not knowinq�j made any
false", misleadinq or fraudulent statements -of fact in the
permit application, or any other document required by the. I
City is coajunctian therewith; if th& applicant is ' a "�
corporation, this requirement applies to each of the
otficer-x; directors,. and/or stockholders owninq not less
triaa tan (10%) percent- of the stock. of: the corporation. - rr
thm applicant is a partnership, this requirement applies. to
each at the partners-,. indudinq limited partners.
(D) The* applicant or any ather person whc will be
directly, engaged ice. the. management and operation of the
places of tha aduLt *ae rtainment establishment.
•(L) Has not done- any act involviaq
dishonesty, fraud. o= deceit with. the intent to substantially
benefit himself, horse-lt or another, a= substantially injure
another; a
(Z) Eis not been convicted. of any crime. A
convictioa shall mean a. plea or verdict of guilty or
conviction followinq a plea of polo contender*, unless. the:
conviction was so remote in time. as to indicate that the
applicant has been. rehabilitated, o= the applicant has
p"sented evidence to the Chief of Police which shows. to t2ae
satisfaction of the- Chief of Police that the applicant has
been rehabilitated_
(3) The act or crime referred to in
subsaction (D)(1) or (D)(Z) hereinabove must' be '
substantially related to the q..alifi:ati cns, fund=ons nr --�
duties of a person encaged in the business cr practice of
the adult enterca=cement esi ablishment.
22
ORDINANCE NO. 371 .
(E) =20 correct permit fee has been. tendered to .�
the City and, in the case of a check or bank draft, honored
with: payment upon presentation.
(E) The applicant has not -had an adult
entertai.nmeat establishment or other similar permit denied,
revoke& or suspendedby the City or any other State or local -
agency within five - (5) years prior to the data, of the
app LIcation.
(G) The applicant: is not under the age of
eighteen.: (18) years- I£ the applicant is a corporation.
thf.s requirement applies to each of the officers, directors
and/or• stockholders owning- not less than ten (10%) percent
of tha stcc3c of then corporation. If the, applicant is a
partnership, this requirement applies to each of the;
- partners, f n .inel{.ng liz:Lted partners.
(3) The City may issue a. license• or permit• to any
persom convicted of any of the crimes described in
subsections. (D)(1) or (D)(2) of this section if it fiords
that' such coavtction. occurred at least five- (5) years prior -
to the- data of the application and the applicant has had no .
subsequent felony convictions of any nature and no
subsequent misdemeanor convictions for crime mentioned is
this section.
SECTION 5.33.130 Dental, suspension, revocation of permit
P� t
Aft3r notice and hearing pursuant to the proceduzas
provided herei- the City Council shall deny, suszenC. or
rerc,ke any permit applied for, or issued under this chapter,
if +t fin�.s and dstarm;nas that:
23
ORDINANCE NO.- 371
~ (A) The business as conducted by permittee, its
ageat(s) or empLoyee(s) , or any person(s) connected- or
associated with. the permittee as general partner, limited
partner, director, officer, stockholder owninq not less than
ten percent (10 ;) of the stock of the corporation, general
manager or other persan(s), who is exercising managerial
authority of, or an. behalf of permittee acting under the
authority of such permit, does not comply with all
applicable Laws, includinq but not Limited to the City' s
building, zoaiag- and health regulations; or.
(a) Peaaittee, its agents) or employee(s), or
any person connected or associated with the pe=s.ttee as
general partner, II mated partner, director, officer,
stockholder owning, not less than ten percent (10%) of. the
stock of the corporation. or general manager or other
p4=oa(s) , whn. is exercisinq managerial authority of, or om
behalf of permittee, actinq under the authority of such
. permit, has: r'}:y
(2) zaowingly procured said permit by false
statemeats, representations or non -disclosure of a. material
fact when: such. fact would have constituted good cause for
denying ., the application for such permit- or any a oc%iment
required by the City in conjunction therewith; a
(2) Ceased to meet any of the: requirements
for is uanca of a permit; or
(3) railed to enforce any of the regulations
set forth I= this -chapter or to cooperate with the polio
department by promptly reporting any fight, brawl or other
unlawful activities occurrinq on. the premises; or
• (4) Done any act involving diszon:esty, fra.zd
or deceit with th* intent to substantially benefir himself,
hersell or another, or substantially injure another; or
(5) Seen * convicted of any crime. :%
conviction shall mean a plea or ve:-dict of guiit*y or
Z4
ORDINANCE NO. 371
conviction following a plea of polo contendere-, unless the
conviction was sa- remote in time as to indicate that the
applicant has. been rehabilitated, or said individual has
presented evidence to the chief of Police which shows to the
satisfaction. of. the Chief of Police that said individual has
been rehabilitated.
(6) Such dead ai may be made: only if the act
or crime referred to in subsection (3)(4) or (3)(5)
hereiaabove must be . substantially related. to the
qualifications, functions or duties of a person enqaqed in
that business cr practice of an adult enter*��ent
establishment.
(C) MuLr promises for which the permit was issued
is be operata& is as illegal. or disorderly manner; or
(D) Noise front the, establishment for which the
permit was isau&& iaterieres with the peace and quiet of the
neighborhood; or
SECT20N 5.38 . I60 ' Apvrowdl.
The City Council shall act to approve or deny as
application .for a p*rmit under this ordinance within a
reasonable period of time and. in no event shall the City
Council act later titan 90 days from. the date that said
application was accepted by the City's Code.Enforcement and
Business License.
SECTION 5.83.I70 inspection required
The City police shah from time to time make insrection
of each ads -It entsrtai.=ent for the purposes
of determining th..t the provisions of ordinance are
sully compl�ed. ;.4 th. rt shall be unlawful yor any pe=ittee
25
ORDINANCE NO. 371
to fail to allow such inspection officer access to the
premises. or hinder such office= in any manner.
SECTION 5- 88.180 Penalties
Any person violating any of the provisions, or failinq
to comply with any of th& requirements, at this ordinance
shall be- guilty of a. misdemeanor and upon conviction
the act, shall be p u�le by a fine not to exceed
S50n_00-, or by imprisonment in: the. County jail for a. period
of not moan than sic (6.) months, or by both such fins and
imprisonment. Each day a violation: is - caum fitted or,
permitted to continua shall constitute a separate offense.
M" I ON 5.88.190 Other-remadJAs
The provisions bf 8aczidha 5. 88.130 add Saurian 5.83 ZOO of this new -
ard4nanca are: to be coaat=ued as added remedies and not inn,
coailI= or derogation of. any other actions or prcceediags
• i
or remedies otherwise provided by law. --�
Any adult entertainment establishment operated,
conducted or maintained cant_rary to the: provisions of this
chapter shall be. . and that same is hereby 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. Chapter 1 of the Codes, commence an
action(s) or proceeding(s), for the abal-ement, removal or
anjoinment thereof, in the manner prcvided by Law; and shall.
take such other staps and shall apply -a such ccsrt(s) as
may have j uri sdi c ::1 en to Brant such rz li v f as will abate or
remove such businesses and restrain and enjoin any person
from' operating, conducting or maintain a massage
26
ORDINANCE NO. 371
sstablishment, bathhouse -,-escort bureau or introductory
service contrary to the provisions of this chapter.
SECTION 5.80.210 Sale or transfer or change of location
-duo
Upon. sale, transfer or relocation of an. aduJ.t
eMtertainmentr establisiimentt the permit therefor shall be -
null and void unless approved as provided in. Sectiozr 5.83.140
provided,. however, thit upon tht death or incapacity of the
permittst, heir or devisee` o£ .a. deceased permittee, or any
of am heir o= devises. o£ a. deceased permittee, may
continue the adult entertainment establishment for a.
reasonable period of time not to exceed sixty (60) days to
allow for as orderly transfer of the permit_
SECTION 1.88.22a T=wfer of permit
Na permit sha.LL be_ transferable except with the conxentt
o£ the City Council_ Am application for- such transfer shall
bw i= wrdtinq and shi.I.l be- accompanied by fees prescribed i=
Section. 5.88..030 file .'written application for such transfer
s =ll contain. the same information. as requested herein for
i aitfa]. application. for the permit
SECTION S.3u.23Q Ssver=ca clause
If any section, subsection,. subpart or provision of -
this chapter or the applicaticzr the=eo£ to any person,.
property or: circumstance. is held invalid, the remainder of
the chaptav and the application of such to other persons,
properties or circumstancas shall not bw affected thareby.
Z7
w
ORDINANCE N0. 371
SECTION .240 City Clerk's Certification
The City Clerk of the City is hereby directed to
publish this ordinance in a newspaper of general
circulation, published and circulated in the City of Palm
Desert, California, and shall be in full force and effect
i ••
C..
thirty ( 30 ) days after its adoption.
PASSED, APPROVED and ADOPTED this 24th day of May-, 1984,
by the following vote, to wit:
AYES: JACKSON, BELLY, PULUQI & SNYDER
NOES: NONE
ABSENT: NONE
ABSTAIN: WILSON
CITY OF PALM DESERT, CALIFORNIA
ATTEST:
CITY OF P
CALIFORNIA
• 28