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HomeMy WebLinkAboutORD 770ORDINANCE NO. 770 AN ORDINANCE OF THE CITY OF PALK DESERT, AMENDING CHAPTER S.88 OF THE PALK 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 Ordinance No. 770 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 ptiasant 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 RWH58091 -2 - Ordinance No. 770 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 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, 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 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 RUH5M -3 - Ordinance No. 770 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 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 ESTABLISHKENTS 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. 5.88.125 Adult Entertainment. 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 Regulations pertaining to adult entertainers. 5.88.220 Hours of operation. 5.88.230 Public nudity at adult entertainment establishments is prohibited. RWH58091 - 4 - Ordinance No. 770 5.88.240 Regulations not applicable to theaters, concert halls, or similar establishments. 5.88.250 Severance clause. 5.88.010 Purpose. It is the purpose and intent of this ordinance to regulate adult entertainment establishments 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 adult entertainment establishments within the City. The provisions of this Chapter 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 Chapter 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 adult entertainment to their intended market. Neither is it the intent or effect of this Chapter to in any way condone or legitimize the distribution of obscene material or material harmful to minors. 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 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 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. RWH58091 -5- Ordinance No 70 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 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. 2. "Adult motel" means a motel, hotel or similar commercial establishment which: (a) offers public accommodations, for any form of consideration, and which regularly provides or makes available to patrons 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. 3. "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. "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. "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. RWH58091 - 6 - Ordinance No. 770 6. "Adult cabaret" means a nightclub, bar, restaurant bottle shop, theater 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 specified 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. 7. "Encounter center" or "rap studio" means 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. 8. "Adult Entertainment Bureau" means any business, agency, or person who, for any form of consideration whatsoever, furnishes or offers to furnish the services of an adult entertainer. An "adult entertainer" shall not be considered an "adult entertainment bureau" unless the adult entertainer furnishes or offers to furnish the services of other adult entertainers. 9. "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 or otherwise similarly depicted in the state of nudity or semi -nudity before persons who pay a fee, or any other thing 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. 10. The definition of "adult business" 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. B. "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. RWH58091 -7 - Ordinance No. 770 C. "City manager" means the city manager of the City of Palm Desert, or his or her designated representative. D. "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. E. "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 an adult business, to any of the adult businesses defined in this chapter; 3. The addition of any of the adult entertainment establishments defined in this chapter to any other existing adult establishment; or 4. The relocation of any such adult entertainment establishment; or 5. The substantial enlargement of any such adult entertainment establishment. F. "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. G. "Operator" means and includes the owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises. H. "Permittee" means the person to whom a permit has been issued. I. "Police chief" means the chief of the police department of the City of Palm Desert, or his or her designated representative. J. "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. K. "Specified Anatomical Areas" as used herein means and includes any of the following: RWH58091 -8 - Ordinance No. 770 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. L. "Specified Criminal Acts" shall mean acts which are sexual crimes against children, sexual abuse, rape, crimes connected with another adult entertainment establishment including but not limited to distribution of obscenity or material harmful to minors, prostitution, pandering, or distribution or sale of illegal drugs. M. "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: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necro- philia, 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. N. "Substantial Enlargement of an Adult Entertainment Establishment" means increase in the floor areas occupied by the business by more than 15%. O. "Transfer" of an adult entertainment establishment means and includes any of the following: 1. The sale, lease or sublease of the business; RWH58091 - 9 - Ordinance No. 770 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. 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, or be engaged as an adult entertainer, as herein de- fined, without possessing a permit issued pursuant to the provisions of this chapter for each and every separate 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, or as an adult entertainer. 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 application fee for an adult entertainer permit shall be one hundred dollars. The fees 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. The renewal application fee for an adult entertainer shall be twenty-five dollars. Said renewal application fees are nonrefundable and shall be used to defray the cost of investigation and processing the renewal applications. The fees 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. RWH58091 -10 - Ordinance No. 770 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 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 RWH58091 —11— r Ordinance No. 770 adult entertainment establishment to the nearest property line of an affected use, without regard to intervening structures. C. If an adult entertainment bureau is to serve as a referral service only and no other type of adult entertainment business is conducted on the premises, the bureau shall not be subject to the location requirements of this section, but shall otherwise comply with City requirements with respect to the location of service establishments. 5.88.060 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. 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. RWH58091 -12 - Ordinance No. 770 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 for adult entertainment establishment. 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. RWH58091 -13 - Ordinance No. 770 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 ishall 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; RYH58MI -14 - Ordinance No. 770 S. 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 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 RWH58091 -15 - Ordinance No. 770 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 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 RNH5W91 -16- Ordinance No. 770 religious institution/synagogue, area, public building, business liquor or alcoholic beverages, oz PI or C-1 within five hundred purpose of this Section, a use established if it is in existen submitted. school, public park, recreation involving an on -premises sale of area zoned R-1, R-2, R-3, PR, PC, 500) feet of the property. For shall be considered existing or :e at the time an application is B. The holder of the permit for establishment shall notify the City's code each change in any of the data required section within ten days after such change 5.88.100 Renewal of permit. an adult entertainment compliance department of to be furnished by this occurs. 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 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 an adult entertainment establishment 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 RWH58091 -17 - Ordinance No. 770 N 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 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; RWH58091 -18 - Ordinance No. 770 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. 5.88.125 Adult Entertainers. A. Any person desirous of being engaged as an adult entertainer must first secure an "adult entertainment permit." Application shall be made to the City's department of code compliance. The director of code compliance and business licenses shall approve the application and issue the permit, unless grounds exist for denial under Section 5.88.130. B. The requirement that adult entertainers obtain adult entertainment permits shall become effective 180 days after the effective date of this ordinance. C. An application for adult entertainment permit shall include the following: 1. Name, including all names, nicknames, and aliases by which the applicant has been known; and residence addresses for the last three years; 2. Social security number, driver's license number, if any, and date of birth; 3. Applicant's weight, height, color of hair and eyes, and sex; 4. Written evidence that the applicant is at least 18 years of age; 5. A complete statement of all convictions of specified criminal activity or of this ordinance; 6. Fingerprints of the applicant by the police department; 7. Two front -faced portrait photographs taken within thirty days of the date of application and at least two inches by two inches in size; RWH58091 -19 - Ordinance No. 770 8. 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; 9. Written declaration by the applicant, under penalty of perjury, that the foregoing information contained in the application is true and correct, said declaration being duly dated and signed in the City. 5.88.130 Denial, suspension, revocation of permit. A. The city manager or director of code compliance, as appropriate, shall deny, suspend or revoke any permit applied for, or issued under this chapter, if he or she finds and determines that: 1. 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 2. 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: a. Knowingly procured such permit by false state- ments, 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 b. Ceased to meet any of the requirements for issuance of a permit, or C. 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 d. Done any act involving dishonesty, fraud or de- ceit with the intent to substantially benefit himself, herself or another, or substantially injure another, or RWH58091 -2 0- Ordinance No. 770 e. 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, f. Such denial may be made only if the act or crime referred to in subsection "d" or "e" 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; 3. The premises for which the permit was issued is being operated in an illegal or disorderly manner, or 4. Noise from the establishment for which the permit was issued interferes with the peace and quiet of the neighborhood. B. If a permit is denied or revoked, the City or director of code compliance shall promptly give the applicant notice thereof and the findings for such denial. The applicant aggrieved by the action of the city manager or director may appeal by filing a written appeal within ten (10) days of the notice of denial, with the city clerk. The city council shall set a time and place for the public hearing. The decision of the city council shall be final. 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 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. RWH58091 - 21- Ordinance No. 770 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. 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 RWH5M1 -2 2 - Ordinance No. 770 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. 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 RWH58091 -2 3 - Ordinance No. 770 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 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 RWH58091 -2 4 - Ordinance No. 770 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 Regulations pertaining to adult entertainers. A. An adult entertainer, while engaged as an adult entertainer, and while nude or semi-nude, shall not approach any person other than another licensed 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. 5.88.220 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. 5.88.230 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. RWH5W91 -2 5- Ordinance No. 770 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. Prosecution for violations shall be maintained under the Penal Code by the appropriate enforcement officials. 5.88.240 Regulations not applicable to theaters, concert halls, or similar establishments. The regulations of this chapter shall not apply to a theater, concert hall, or similar establishment which is primarily devoted to theatrical performances, if such application is not provided for by California Penal Code sections 318.5 and 318.6. 5.88.250 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. Each provision of this Chapter shall be construed, to the extent possible, to comply with controlling state and federal law. PASSED, APPROVED AND ADOPTED this 9th day of February , 1995, by the City Council of the City of Palm Desert, California, by the following vote, to wit: AYES: Benson, Kelly, Snyder, Spiegel, Crites NOES: None ABSENT: None ABSTAIN :None Cit ATfi ST 1 / i/ 119 City of Palm Desert California f Palm Desert, California RWH58091 -2 6-