It is the purpose and intent of this chapter to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually oriented businesses within the city, thereby reducing or eliminating the adverse secondary effects from such sexually oriented businesses. 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 sexually oriented entertainment to their intended market. Neither is it the intent nor effect of the chapter to condone or legitimize the distribution of obscene material.
(Ord. 80 Art. V(M)(1), 1984; Ord. 347 § 7; Ord. 862 § 2, 2022)
All specially defined words and phrases concerning sexually oriented businesses which are set forth in Chapter 5.18 of this code shall be incorporated herein by this reference as though fully set forth at length.
(Ord. 80 Art. V(M)(2), 1984; Ord. 347 § 7; Ord. 480 §§ 1, 2, 1998; Ord. 862 § 2, 2022)
The establishment of any sexually oriented business shall be permitted only in those particular specified commercial or industrial zones where such uses are permitted, and shall be subject to the following restrictions. No person shall cause or permit the establishment of any of the following sexually oriented businesses, as defined above, within one thousand feet of another such business or within seven hundred fifty feet of any religious institution, school, boys' club, girls' club, or similar existing youth organization, or public park, or any public building regularly frequented by children, or within seven hundred fifty feet of any property in the city zoned for residential use, or within two hundred fifty feet of East Palm Canyon Drive (State Route 111); subject to the exceptions provided in Section 9.82.050. These limitations apply to sexually oriented businesses classified as follows:
A. 
Adult arcade;
B. 
Adult bookstore, adult novelty store, or adult video store;
C. 
Adult cabaret;
D. 
Adult motel;
E. 
Adult motion picture theater;
F. 
Adult theater;
G. 
Massage parlor;
H. 
Sexual encounter establishment;
I. 
Escort agency; or
J. 
Nude model studio.
(Ord. 80 Art. V(M)(3), 1984; Ord. 347 § 7; Ord. 411 § 2, 1995; Ord. 862 § 2, 2022)
A. 
Distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any sexually oriented business and any religious institution, school, boys club, girls club, or similar existing youth organization, or public park or public building regularly frequented by children or any properties zoned for residential use, or East Palm Canyon Drive (State Route 111) shall also be measured in a straight line, without regard to intervening structures or objects from the nearest portion of the building or structure used as part of the premises where sexually oriented business is conducted, to the nearest property line of the premises of a religious institution, public or private elementary or secondary school, or the nearest boundary of an affected public park, public building regularly frequented by children, residential district, or residentially zoned lot, or to the nearest right-of-way line of East Palm Canyon Drive (State Route 111).
B. 
Where a pedestrian or vehicle crossing of the Whitewater Channel or North Cathedral Channel occurs (as related to Section 9.82.050(G)), distance between any two sexually oriented business or between a sexually oriented business and any of those uses listed in Section 9.82.030, shall be measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where the sexually oriented business is conducted, to the channel crossing and then measured from the channel crossing to the nearest property line of the premises of any of those uses listed in Section 9.82.030, or to the nearest portion of any building or structure used as part of the premises where the sexually oriented business is conducted. The combined measurements shall be required to meet the applicable separation standard.
(Ord. 80 Art. V(M)(4), 1984; Ord. 347 § 7 (part); Ord. 411 § 2, 1995; Ord. 862 § 2, 2022)
The city's zoning title requires that sexually oriented business shall be permitted only in a zone where such uses are specifically permitted (PCC, CTR, CBP-2, and I-1 zones, at time of adoption of the ordinance codified in this section.) Permits for sexually oriented businesses shall be required and governed by the procedures and policies specified in Chapter 5.18 of this code. In addition, any sexually oriented business shall be subject to the following restrictions:
A. 
The person commits a misdemeanor if he operates or causes to be operated a sexually oriented business outside of the permitted zones (PCC, CTR, CBP-2, and I-1).
B. 
The person commits a misdemeanor if he operates or causes to be operated a sexually oriented business within seven hundred fifty feet of: (1) any religious institution; (2) any school; (3) the boundary of any Cathedral City residential district; (4) a public park adjacent to any residential district; or (5) a boys' club, girls' club, or similar existing youth organization, or a public park or public building regularly frequented by children.
C. 
A person commits a misdemeanor if he operates or causes to be operated a sexually oriented business within one thousand feet of another such business, which will include any adult arcade, adult book store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor or any sexual encounter establishment.
D. 
A person commits a misdemeanor if he operates or causes to be operated a sexually oriented business within two hundred fifty feet of East Palm Canyon Drive (State Route 111).
E. 
A person commits a misdemeanor if he causes or permits the operation, establishment, or maintenance of more than one sexually oriented business within the same building, structure, or portion thereof, or causes the substantial increase of floor areas of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.
F. 
Nothing in this chapter prohibits the location of a sexually oriented business within a regional retail shopping mall which consists of no less than two hundred fifty thousand square feet under one roof, and containing not less than fifteen separate businesses under that same roof in any commercial or industrial zone wherein such sexually oriented business will have its only frontage upon enclosed malls or malls isolated from direct view from public streets, parks, schools, churches, or residentially zoned property.
G. 
Nothing in this chapter prohibits the location of a sexually oriented business within any distance from another sexually oriented business or from any other sensitive use as to which location is regulated under subsection B of this section, where the impassable barrier of the Whitewater River Channel or North Cathedral Channel, separates such use from any other such sexually oriented business or other sensitive use as described in subsection B of this section. This exception does not apply in areas where pedestrian and/or vehicle crossings of the channels occur, thus creating a passable condition.
(Ord. 80 Art. V(M)(5), 1984; Ord. 347 § 7 (part); Ord. 411 § 2, 1995; Ord. 862 § 2, 2022)
A. 
Any sexually oriented businesses operating on December 4, 1991 that is in violation of Sections 9.82.010 through 9.82.050 of this chapter, shall be deemed a nonconforming use. A nonconforming use will be permitted to continue for a five year period with possible extensions for extenuating circumstances to be granted by the city council only upon a convincing showing of extreme financial hardship. Such extensions shall not exceed a total of fifteen years in addition to the initial amortization period. A more restrictive amortization period has been found to be valid in Lydo, Inc. vs. City of Las Vegas, United States Court of Appeals for the Ninth Circuit, 745 F.2d 1211. Any such nonconforming business loses its right to operate as a nonconforming use, if, for any reason, it voluntarily discontinues its business operation for a period of thirty days or more or if its license to operate is revoked and such revocation covers a period of thirty days or more and such revocation is not overturned by a court of competent jurisdiction. Such nonconforming uses, while nonconforming, shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within one thousand feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at the particular location is the conforming use and the later established businesses or businesses are nonconforming.
B. 
A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of a sexually oriented business permit and/or license, within one thousand feet of the sexually oriented business, or the location subsequent to the grant of a sexually oriented business permit or license, of a church, public or private elementary or secondary school, public park, public building regularly frequented by children, or residential district, within seven hundred fifty feet of the sexually oriented business. This provision applies only to the renewal of a valid permit and/or license, but this provision does not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked.
C. 
Subject to the licensing, regulatory and other requirements of Chapter 5.18 of this code, the city council may waive the separation requirements of this chapter with respect to a sexually oriented business within the relocation zone, as hereinafter defined, if the city council makes specific determinations that the waiver or waivers will:
1. 
Not result in a disturbance of the peace, good order or quiet enjoyment of residences, schools, churches or parks within seven hundred fifty feet of the relocated site; Smith v. County of Los Angeles, 24 Cal.App.4th 990 (1994); Grayned v. The City of Rockford (1972) 408 U.S. 104; and
2. 
The exterior appearance of the structure occupied by the relocated sexually oriented business will not be inconsistent with the external appearance of commercial structures already constructed within the immediate neighborhood so as to cause blight, deterioration or substantially diminish or impair property values within the neighborhood. Said inconsistency shall be found only if the exterior appearance of the sexually oriented business is conspicuous in relation to other commercial uses in the vicinity with regard to their exterior appearance and signage; and
3. 
The sexually oriented business use will be consistent with the adopted general plan and zoning ordinance of the city; and
4. 
The relocation will assist in the resolution of a pending lawsuit between the city and an owner of a preexisting business involving issues pertaining to the city's sexually oriented business regulations; and
5. 
Will be consistent with the redevelopment and standards as set forth by the city in its redevelopment code.
For purposes of this subsection, "Relocation zone" means and refers to that area of the city designated as such on that certain map attached as Exhibit "A" to Ordinance 467. This subsection shall terminate and expire on January 1, 1998, after which it shall be of no force and effect. After expiration of this subsection, any specific waivers granted under this subsection shall continue in full force and effect.
Further, this subsection shall be limited to those pre-existing businesses, which are not currently located within the relocation zone but are currently operating within the city as a sexually oriented business or a similar type of business pursuant to a validly issued sexually oriented business license or other validly issued business license issued by the city.
(Ord. 80 Art. V(M)(6), 1984; Ord. 347 § 7 (part); Ord. 460 § 2, 1997; Ord. 461 § 2, 1997; Ord. 466 § 1, 1997; Ord. 467 § 1, 1997; Ord. 862 § 2, 2022)