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HomeMy WebLinkAboutORD 905ORDINANCE NO. 905 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 5.88, ADDING CHAPTER 5.89, AND ADDING CHAPTER 25.110 OF THE PALM DESERT MUNICIPAL CODE REGARDING REGULATION OF ADULT ENTERTAINMENT ESTABLISHMENTS AND ADULT ENTERTAINERS. WHEREAS, Adult Entertainment Establishments require special supervision from the public safety agencies of the City in order to protect and preserve the health, safety, morals and welfare of the Patrons of such businesses as well as the citizens of the City; and WHEREAS, Adult Entertainment Establishments are frequently used for unlawful sexual activities, including prostitution and sexual liaisons of a casual nature; and WHEREAS, the concern over sexually transmitted diseases is a legitimate health concern of the City which demands reasonable regulation of Adult Entertainment Establishments in order to protect the health and well-being of the citizens; and WHEREAS, registration and permitting are legitimate and reasonable means of accountability to ensure that operators of Adult Entertainment Establishments comply with reasonable regulations and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation; and WHEREAS, there is convincing documented evidence that Adult Entertainment Establishments, because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime and the downgrading of property values; and WHEREAS, it is recognized that Adult Entertainment Establishments, due to their nature, have serious objectionable operational characteristics, particularly when they are located in close proximity to each other, thereby contributing to urban blight and downgrading the quality of life in the adjacent area; and WHEREAS, the City Council desires to minimize and control these adverse effects and thereby protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods and deter the spread of urban blight; and WHEREAS, it is not the intent of this ordinance to suppress any speech activities protected by the First Amendment, but to enact a content -neutral ordinance which addresses the adverse secondary effects of Adult Entertainment Establishments; and RWUB\RWM4364 -1- ordinance No. 905 WHEREAS, it is not the intent of the City Council to condone or legitimize the distribution of obscene material, and the City Council recognizes that state and federal law prohibits the distribution of obscene materials and expects and encourages law enforcement officials to enforce State obscenity statutes against any such illegal activities in the City. In enacting this Chapter, the City Council neither supplants state obscenity legislation nor redefines the state standard for obscene live conduct; and WHEREAS, Baby Tam & Co., Inc. v. City of Las Vegas, 154 F.3d 1097 (9th Cir. 1998) casts doubt on the City's ability to enforce its current requirement for permits for Adult Entertainment Establishments and Adult Entertainers due to the possibility that California courts do not provide sufficiently prompt judicial review of permit decisions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES ORDAIN AS FOLLOWS: SECTION 1 FINDINGS The City Council of the City of Palm Desert, California, hereby finds that: A. The City Council, in adopting this Chapter, takes legislative notice of the existence, content and findings of the following studies and cases concerning the existence and regulation of adverse secondary effects of Adult Entertainment Establishments in other cities: Phoenix; Arizona (1979); Garden Grove, California (1991); Los Angeles, California (1977); Whittier, California (1978); Indianapolis, Indiana (1984); Minneapolis, Minnesota (1980); Cleveland, Ohio (1977); Oklahoma City, Oklahoma (1986); Amarillo, Texas (1977); Austin, Texas (1986); Beaumont, Texas (1982); Houston, Texas (1983); Seattle, Washington (1989); Tucson, Arizona (1990); State of Minnesota, Attorney General Report (1989); Newport News, Virginia (1996); St. Paul, Minnesota (1987); Corpus Christi, Texas (1995); National Law Center (1995). Young v. American Mini Theaters, Inc., 427 U.S. 50 (1976); City of Renton v. Playtime Theaters, Inc., 47S U.S. 41 (198fi); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); and Barnes v. Glen Theater, Inc., 501 U.S. 560 (199 1))- United States Court of Appeals 9th Circuit decisions, including but not limited to Topanga Press, Inc. v. City of Los Angeles, 989 F.2d 1524 (1993); and Spokane Arcade, Inc., v. City of Spokane, 75 F.3d 663 (1996); several California cases, including but not limited to City of National City v. Weiner, 3 CalAth 832 (1993); People v. Superior Court, (Lucero) 49 Cal.3d 14 (1989); and City of Vallejo V. Adult Books, 167 Cal.App.3d 1169 (1985); and other federal cases including Mitchell v. Commission on Adult Entertainment Establishment (3rd Cir. 1993) 10 F.3d 123; Hang On, Inc. v. City of Arlington (5th Cir. 1995) 65 F.3d 1248, Lakeland Lounge v. City of Jacksonville (5th Cir. 1992) 973 F.2d 1255; Star Satellite, Inc. v. City of Biloxi (5th Cir. 1986) 779 F.2d 1074; Matney v. County of Kenosha (7th Cir. 1996) 86 F.3d 692; International Eateries of America, Inc. v. Broward County (1 lth Cir. 1991) 941 F.2d 1157; U.S. v. Thevis, 665 F.2d 618 (1982); Kev, Inc. v. Kitsap County (9th Cir. 1986) 793 F.2d 1053; and Colacurcio v. City of Kent, 1998 WL 848036 (9th Cir.); B. The City Council finds that these studies and decisions (hereinafter "Studies") are, in whole or in part, relevant to the problems addressed by the City of Palm Desert in enacting this RMPU13\RW1N364 -2- Ordinance No. 905 ordinance to reaffirm and strengthen the regulation of the adverse secondary effects of Adult Entertainment Establishments, and more specifically finds that these Studies provide convincing evidence that: 1. Adult Entertainment Establishments are linked to and associated with increases in crime rates in those areas in which they are located and in surrounding areas. 2. Both the proximity of Adult Entertainment Establishments to sensitive land uses and the concentration of Adult Entertainment Establishments tend to result in the blighting and deterioration of the areas next to which, and near which, they are located. 3. There is substantial evidence that an increase in crime tends to accompany, concentrate around, and be aggravated by Adult Entertainment Establishments, including but not limited to an increase in the crimes of narcotics distribution and use, prostitution, pandering, and violence against persons and property. The studies from other cities establish convincing evidence that Adult Entertainment Establishments which are not regulated as to permissible locations often have a deleterious effect on nearby businesses and residential areas, causing, among other adverse secondary effects, an increase in crime and a decrease in property values. 4. Based on the forgoing, the City Council finds and determines that special regulation of Adult Entertainment Establishments is necessary to ensure that their adverse secondary effects will not cause or contribute to an increase in crime rates or the blighting or deterioration of the areas in which they are located or surrounding areas. Adult Entertainment Establishments, for example, attract an undue number of transients and thus cause nearby residents and businesses to relocate. The need for such special regulations is based upon the recognition that Adult Entertainment Establishments not only cause adverse secondary effects but have seriously objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in direct proximity to sensitive uses thereby having a deleterious effect upon an adjacent area. It is the purpose and the intent of these regulations to prevent or mitigate such adverse secondary effects which may be caused by Adult Entertainment Establishments. C. The locational requirements established by this Chapter do not unreasonably restrict the establishment or operation of constitutionally protected Adult Entertainment Establishments in the City of Palm Desert. A sufficient and reasonable number of appropriate locations for the operation of Adult Entertainment Establishments will remain available after the enactment of this Chapter. D. In developing this Chapter, the City Council has been mindful of legal principles relating to the regulation of Adult Entertainment Establishments and does not intend to suppress or infringe upon any expressive activities protected by the First Amendment of the United States Constitution or by Article 1, Section 2 of the California Constitution, but instead desires to enact reasonable time, place, and manner regulations that address the adverse secondary effects of Adult Entertainment Establishments. RMPUMRW D4364 -3- Ordinance No. 905 E. The City Council also finds that locational criteria alone do not adequately protect the health, safety and general welfare of the citizens of the City of Palm Desert, and thus certain requirements with respect to the ownership and operation of Adult Entertainment Establishments are in the public interest. In addition to the findings and Studies conducted in other cities regarding increases in crime rates, decreases in property values, and the blighting of areas in which such businesses are located, the City Council also takes legislative notice of the facts recited in the cases ofKev, Inc., v. Kitsap County (9th Cir. 1986) 793 F.2d 1053 and Colacurcio v. City of Kent, 1998 WL 848036 (9th Cir.), regarding how live adult entertainment results in adverse secondary effects such as prostitution, drug dealing, and other law enforcement problems. F. Zoning, permitting, licensing, and other police power regulations are legitimate, reasonable means of accountability to help protect the quality of life in the City of Palm Desert and to help assure that Owners, Operators and Performers 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. G. The City Council recognizes the possible harmful effects on children and minors exposed to the secondary effects of such Adult Entertainment Establishments 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 the immediate neighborhood of such businesses. The City Council desires to minimize and control the adverse secondary effects associated with the operation of Adult Entertainment Establishments and thereby protect the health, safety, and welfare of the citizens of Palm Desert; and in particular the health, safety and welfare of children and minors in the City; protect the citizens from increased crime, preserve their quality of life; preserve 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. H. Nothing in this Ordinance is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any applicable City ordinance or any statute of the State of California relating to public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter, or the exhibition or public display thereof. I. The City Council finds the following in part, based upon its understanding of the judicial decisions and the reports, Studies and other documents in the public record. 1. Evidence indicates that some dancers, models, entertainers, and other persons, who publicly perform Specified Sexual Activities or publicly display Specified Anatomical Areas in Adult Entertainment Establishments, as those terms are defined herein, have been found to engage in sexual activities with Patrons of Adult Entertainment Establishments on the site of the Adult Entertainment Establishments, RWUB\RWM4364 -4- Ordinance No. 905 2. Evidence indicates that the existence of Adult Entertainment Establishments which permit nudity has been shown in some cities such as Newport Beach and Anaheim, California, to increase the secondary effects of crime and decreased property values. 3. Evidence has demonstrated that entertainers employed by Adult Entertainment Establishments have been found to offer and provide private shows to patrons who, for a price, are permitted to observe and participate with the entertainers in live sex shows; 4. Evidence indicates that entertainers at Adult Entertainment Establishments have been found to engage in acts of prostitution with patrons of the establishment; and 5. Evidence indicates that fully enclosed booths, individual viewing areas, and other small rooms whose interiors cannot be seen from public areas of the Adult Entertainment Establishments regularly have been found to be used as locations for engaging in unlawful sexual activity; 6. As a result of the above, and the increase in the incidence of AIDS and Hepatitis B, which are both sexually transmitted diseases, the City Council has a substantial interest in adopting regulations which will reduce to the greatest extent possible, the possibility for the occurrence of casual sex acts at Adult Entertainment Establishments. I In regulating nudity and semi -nudity in Adult Entertainment Establishments, the City Council does not intend to proscribe the communication of erotic messages or any other communicative element or activity, but rather only to regulate such nudity due to the adverse secondary effects associated therewith; and K. The City Council also finds, as a wholly independent basis, that it has a substantial public interest in preserving societal order and morality, and that such interest is furthered by the regulation of nudity; and L. While the City Council desires to protect the rights conferred by the United States and California Constitutions on Adult Entertainment Establishments, it does so in a manner that ensures the continued and orderly development of property within the City and diminishes, to the greatest extent feasible, those undesirable secondary adverse effects which the Studies have shown to be associated with the development and operation of Adult Entertainment Establishments; and M. The City Council finds that preventing the direct exchange of money between entertainers and patrons also reduces the likelihood of drug and sexual transactions occurring in Adult Entertainment Establishments; and N. Requiring a ten foot separation between entertainers and patrons reduces the likelihood that such persons will negotiate narcotics sales or negotiate for the purpose of engaging in sexual activities or obtaining sexual favors within the Adult Entertainment Establishments; and RMPU13\RW4364 -5- Ordinance No. 905 O. Enclosed or concealed booths and dimly -lit areas within Adult Entertainment Establishments greatly increase the potential for misuse of the premises, including unlawful conduct of a type which facilitates transmission of disease. Requirements that all indoor areas be open to view by management at all times, and that adequate lighting be provided are necessary in order to reduce the opportunity for, and therefore the incidence of illegal conduct within Adult Entertainment Establishments, and to facilitate the inspection of the interior of the premises thereof by law enforcement personnel. SECTION 2 AMENDMENT OF CODE Section 5.88.015 is hereby added to Chapter 5.88 to read as follows: "Section 5.88.015 Suspension of permit requirement. Due to the current uncertainty with respect to the enforceability of prior permits for adult entertainers and establishments, the sections of this chapter that require and enforce permit requirements (i.e., Sections 5.88.030, 5.88.090, 5.88.100, 5.88.110, 5.88.120, 5.88.125, 5.88.130, 5.88.180 and 5.88.190), shall be suspended until such time as the City Council determines that those sections may be properly enforced. To the extent that the remaining sections of this chapter refer to a permit or permit holder, that reference shall be construed to refer to the Registration Certificate required by Chapter 5.89 and to the holder of that Certificate." SECTION 3 AMENDMENT OF CODE Chapter 5.89 is hereby added to Title 5 of the Palm Desert Municipal Code to read as follows: "Chapter 5.89 REGISTRATION OF ADULT ENTERTAINMENT ESTABLISHMENTS AND ADULT ENTERTAINERS. Sections: 5.89.010 Purpose. 5.89.020 Definitions. 5.89.030 Registration of adult entertainment establishments. 5.89.040 Registration of adult entertainers. 5.89.050 Prohibition of ownership, management, or entertainment by persons recently convicted of sexually -related offenses. 5.89.060 Issuance of registration certificates. 5.89.010. Purpose. The purpose of this chapter is to facilitate regulation of Adult Entertainment Establishments 004 and Adult Entertainers pending resolution of issues regarding the prior -permitting of those establishments and entertainers raised in Baby Tam & Co., Inc. v. City of Las Vegas, 154 F.3d 1097 RMPU13\RWM4364 -6- Ordinance No. 905 (9th Cir. 1998). The intention of the registration requirement is to provide enforcement agencies sufficient information to assist them in ensuring that criminal elements do not infiltrate such establishments, that minors are not employed in such establishments, and that the establishments will comply with zoning and operational standards imposed by this Code. Section 5.89.020. Definitions. "Adult Entertainment Establishment" and "Adult Entertainer" shall be defined as in Section 5.88.020. Section 5.89.030. Registration of adult entertainment establishments. A. Any person, association, partnership or corporation desiring to obtain a business license tax certificate for an Adult Entertainment Establishment shall make an application, under oath, to the city manager on a form provided by city manager showing: The name, current permanent residential address and telephone number of the applicant; 2. The business name, proposed business address of the adult entertainment establishment and its telephone number. a. If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation and it shall provide a copy of its articles of incorporation. The applicant shall show the name and residence address of each of the officers, directors and each stockholder owning not less than ten percent of the stock of the corporation and the address of the corporation itself, if different than the address of the Adult Entertainment Establishment. The applicant shall show that the corporation is in good standing under the laws of California. b. If the applicant is a partnership, the application shall show the name and residence address of each of the partners, including limited partners and the address of the partnership itself, if different than the address of the adult entertainment establishment; 3. The name and permanent address of the owner of the property upon which the applicant intends to locate the Adult Entertainment Establishment, 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; RMPUMM14364 -7- Ordinance No. 905 6. The name(s) of person(s) having the management or supervision of the applicant's business; 7. Whether or not the applicant has ever had any similar license or permit 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; 8. 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; 9. 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; 10. 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; 11. 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; 12. 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; 13. One front -face portrait photograph of the applicant at least two inches by two inches and a complete set of applicant's fingerprints which shall be taken by the city police. If the applicant is a corporation, one front -face portrait photograph at least two inches by two inches of all officers directors and stockholders owning not less than ten percent of the stock of the corporation and a complete set of the same officers', directors' and stockholders' fingerprints which shall be taken by the city police. If the applicant is a partnership, one front -face portrait photograph at least two inches by two inches in size of each partner, including limited partners in the partnership, and a complete set be taken by the city police; 0 RMPU13\RV B4364 -8- Ordinance No. 905 14. A detailed description of the proposed entertainment, 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; 15. The name and address of any other adult entertainment establishment owned or operated by any person whose name is required to be given in subsection (A)(1) or (2) of this section; 16. 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; 17. 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; 18. Such other identification and information necessary to discover the truth of the matters required to be set forth in the application; 19. Applicant must furnish for any person whose name is required to be given in subsection (A)(6) of this section the information requested by subsection (A)(1), (9), (10), (11), (12), (13), (14), (15), (16), and (18); 20. Whether the applicant or any other individuals required to be listed on the application has within that two- or a five-year period as specified in Section 5.89.050 immediately preceding the date of the application, been convicted of a specified criminal, and, if so, the specified criminal act involved, the date of conviction and the place of conviction; 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 inches; 22. A current certificate and straight-line drawing prepared within thirty days prior to application by a California registered land surveyor depicting the property lines of the proposed adult entertainment establishment and any uses, zones or districts, for which distance standards are in effect pursuant to section 25.110.010. B. The holder of the Registration Certificate for an Adult Entertainment Establishment shall notify the city's code compliance department of each change in any of the data required to be furnished by this section within thirty days after such change occurs." RMPUB\RWM4364 -9- Ordinance No. 905 Section 5.89.040. Registration of adult entertainers. A. Any person desirous of being engaged as an adult entertainer must first register pursuant to this section. Application shall be made to the City Manager. B. An application for adult entertainment registration certificate 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 eighteen years of age; 5. Fingerprints of the applicant by the police department; 6. Two front -faced portrait photographs taken within thirty days of the date of application and at least two inches by two inches in size; 7. Whether the applicant has within the two- or five-year period as specified in Section 5.89.050 immediately preceding the date of the application, been convicted of a specified criminal act and, if so, the specified criminal act involved, the date of conviction and the place of conviction. 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. (Ord. 770 § 2 (part), 1995)." Section 5.89.050. Prohibition of ownership, management, or entertainment by persons recently convicted of sexually -related offenses. A. "Specified criminal acts" with respect to this chapter means acts which are sexual crimes against children, sexual abuse, rape, or crimes connected with Adult Entertainment Establishments including, but not limited to the distribution of obscenity or material harmful to minors, prostitution or pandering. B. No Adult Entertainment Establishment shall operate within the city, nor shall an Adult Entertainer perform within the city, if any person required to be listed on an application pursuant to Sections 5.89.030 or 5.89.040 has been convicted of a "specified criminal act" for which: RI APUB\RV;M4364 -10- Ordinance No. 905 1. Less than two years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the specified criminal acts; 2. Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense, for a specified criminal act; 3. Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two or more misdemeanors for the specified criminal act occurring within any 24-month period; 4. The fact that a conviction is being appealed shall have no effect on disqualification of the applicant; Section 5.89.060. Issuance of registration certificates. Upon receipt of an application under Section 5.89.030 or 5.89.040, the city manager or his designee shall determine, within two business days, if the information provided is complete. If the information is complete, the city manager shall issue a "registration certificate" indicating that the applicant has complied with the requirements of this chapter. If the information is not complete, the city manager shall provide written notice to the applicant of the reasons for the determination that the application is incomplete." SECTION 4 AMENDMENT OF CODE Section 5.88.240 ("Regulations Not Applicable to Theaters, Concert Halls or Similar Establishments") is hereby deleted in its entirety. SECTION 5 AMENDMENT OF CODE Section 5.88.070 of the Palm Desert Municipal Code shall be amended to add the following: " 7. All indoor areas of the adult entertainment establishment within which patrons are permitted, except restrooms, shall be open to view by the management at all times. K. All areas of the adult entertainment establishment which are accessible to the public shall be illuminated at a minimum of the following foot candles, minimally maintained and evenly distributed at ground level: RMPUB\RWH\4364 -1 1- Ordinance No. 905 Area Foot -Candles Bookstores and other retail establishments 20 Theaters and cabarets 5 (except during performances, at which time lighting shall be at least 1.25 foot-candles) Arcades 10 Motels/Hotels 20 (in public areas) Modeling Studios 20 L. Patrons and employees shall not use the same restrooms. The adult entertainment establishment shall provide and maintain separate restroom facilities for male patrons and employees, on the one hand, and female patrons and employees, on the other. Male patrons and employees shall be prohibited from entering any restroom for females, and female patrons and employees shall be prohibited from entering any restroom for males, except when an employee carries out duties of repair, maintenance or cleaning of the restroom facilities. All restrooms shall be free from any adult entertainment materials. No restroom shall contain television monitors or other motion picture or video projection, computers, recording or reproduction equipment. The foregoing provisions of this paragraph shall not apply to a adult entertainment establishment which deals exclusively with sale or rental of adult entertainment materials which are not used or consumed on the premises, such as an adult bookstore, or adult video store, and which does not provide restroom facilities to its patrons or the general public. M. The following additional requirements shall pertain to adult entertainment establishments which provide live performances in adult cabarets or adult theaters: 1. No person shall perform live entertainment for patrons of a adult entertainment establishment except upon a stage at least two feet above the level of the floor which is separated by a distance of at least ten feet from the nearest area occupied by patrons, and no patron shall be permitted within ten feet of the stage while the stage is occupied by an adult entertainer. 2. The adult entertainment establishment shall provide separate dressing room facilities for adult entertainers which are exclusively dedicated to the adult entertainers' use. No public access will be permitted to any dressing room facility. 3. The adult entertainment establishment shall provide an entrance and exit for adult entertainers which is separate from the entrance and exit used by patrons. 4. The adult entertainment establishment shall provide access for adult entertainers between the stage and the dressing rooms which is completely separated from the Patrons. If such separate access is not physically feasible, the adult entertainment establishment shall xJ%UuB\RWM4364 -12- Ordinance No. 905 provide a minimum three foot wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the adult entertainers and the entertainers capable of, and which actually results in, preventing any physical contact between patrons and adult entertainers. 5. No adult entertainer, either before, during or after performances, shall have any physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such adult entertainer. This subsection shall only apply to physical contact on the premises of the adult entertainment establishment. 6. Fixed rails at least 30 inches in height shall be maintained establishing the separations between adult entertainers and patrons required by this section. 7. No patron shall directly pay or give any gratuity to any adult entertainer and no adult entertainer shall accept any pay or gratuity directly from any patron. Gratuities may be placed in or on receptacles located at least six (6) feet from adult entertainers. N. No operator, owner or other person with managerial control over an adult entertainment establishment shall permit any person on the premises of an adult entertainment establishment to engage in a live showing of any specified anatomical areas. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical areas required to be covered. O. No adult entertainment establishment entertainer on the premises of an adult entertainment establishment shall engage in a live showing of any specified anatomical areas. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical areas required to be covered. P. An adult entertainment establishment shall employ security guards if it is determined by the Chief of Police that their presence is necessary in order to maintain public peace and safety and to prevent any illegal activity from occurring on the premises. Q. The adult entertainment establishment shall not conduct any massage, acupuncture, body wrapping, tattooing, accupressure, fortune-telling or escort services on the premises. R. The adult entertainment establishment shall provide a security system that visually records and monitors all parking lot areas, at all times that the business is open or occupied for business. S. Views of parking areas and doorways of adult entertainment establishments shall be unobstructed so as to allow visibility of these areas from the public right-of-ways." SECTION 6 AMENDMENT OF CODE P,WUB\RWH\4364 -13 - Ordinance No. 905 Sections 5.88.040 ("Location') and 5.88.060 ("Amortization of Non -Conforming Uses") are deleted in their entirety. SECTION 7 AMENDMENT OF CODE Section 25.34.020(M) ("Permitted Uses" within Service Industrial Districts) is hereby amended to read as follows: "M. Adult entertainment establishments as permitted by Chapter 5.88 subject to compliance of the specific use with the locational requirements of Chapter 25.110 and parking requirements of Chapter 25.58 of this code (i.e., adult bookstore shall comply with parking required for a bookstore in the general commercial C-1 zone). A parking requirement modification shall be available to businesses which operate only between the hours of five p.m. and five a.m. subject to it being determined by the zoning administrator that there is adequate off-street parking available." SECTION 8 AMENDMENT OF CODE Chapter 25.110 is added to the Palm Desert Municipal Code to read as follows: "LOCATION AND AMORTIZATION OF ADULT ENTERTAINMENT ESTABLISHMENTS Section 25.110.010 Location. A. No adult entertainment establishment shall be established in the following locations: 1. In any zone other than the SI (service industrial zone) generally located in the area of Cook Street and Hovley Lane; 2. Within five hundred (500) feet of any residential zone or district. 3. Within two hundred (200) feet of any other zone or district except P (Public/Institutional District) which District shall have no separation requirement. 4. Within five hundred (500) feet of any parcel of real property in which is located any of the following uses or facilities; a. Church, existing as of January 1, 1999, defined in this chapter as any facilities used primarily for worship of any religion, or used for other religious purposes. b. Schools, defined in this chapter as institutions for teaching or caring for minor children (e.g., child care facilities, preschools, day schools, elementary schools, secondary schools, high schools). RIVIPUB\RWM4364 -14- Ordinance No. 905 The aforesaid institutions may be funded and/or operated either by governmental public authorities or by private organizations. C. Public park or recreational facility which 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; On any parcel which fronts on an arterial street. 6. Within five hundred feet of any other adult entertainment establishment; B. The measure of reference distance in this section shall be a straight line from the nearest property line containing the adult entertainment establishment to the nearest property line of an affected use, without regard to intervening structures. 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. Section 5.110.020. Amortization of Nonconforming Uses. The other provisions of this Title 25 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 action that renders the use nonconforming. A. For an adult entertainment establishment legally existing in the city for a period of no less than six months preceding the effective date of the action: one hundred twenty days; B. For an adult entertainment establishment legally existing within the city for a period of no less than three months preceding the effective date of the action: ninety days. C. For an adult entertainment establishment legally existing within the City for any period up to three months preceding the effective date of the action: sixty days." SECTION 9 SEVERABILITY If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council hereby determines that it would have RMPUB\RWM4364 -15- Ordinance No. 905 passed each sentence, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, on% or phrases be declared unconstitutional, or invalid, or ineffective. SECTION 10 CEQA COMPLIANCE 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 Categorically Exemption pursuant to state and City environmental regulation. PASSED, APPROVED AND ADOPTED this 25th day of February , 19 99 , by the City Council of the City of Palm Desert, California, by the following vote, to wit: AYES: Benson, Crites, Ferguson, Kelly, Spiegel NOES: None ABSENT: None ABSTAIN: None C.G. ROBERT A. SPIE L, yor City of Palm Desert, California ATTEST: &HEILA R. BILLIGAI i ity Clerk City of Palm DesertC lyy'f�'orrua F"UB\RV;M4364 -16-