Note: Prior ordinance history: Ords. 371, 472, 672, 759.
It is the purpose and intent of this chapter 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.
(Ord. 770 § 2, 1995)
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:
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, (2) derives a significant or substantial portion of its revenues, (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;
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, videocassettes, 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, (b) offers a sleeping room for rent for a period of time less than ten hours; or (c) allows a tenant or occupant to rent or subrent the sleeping room for a period of time less than ten 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.
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, videocassettes, 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 seminudity 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.
"Adult entertainer"
means a person who for any form of consideration or gratuity performs in nude or in a state of nudity or seminudity 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.
"City manager"
means the city manager of the city of Palm Desert, or designated representative.
"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.
"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;
4. 
The relocation of any such adult entertainment establishment; or
5. 
The substantial enlargement of any such adult entertainment establishment.
"Nudity or state of nudity"
means: (1) the appearance or display of human bare buttock, anus, male genitals, female genitals or the areola or nipple of the female breast; or (2) 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.
"Operator"
means and includes the owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.
"Permittee"
means the person to whom a permit has been issued.
"Police chief"
means the chief of the police department of the city of Palm Desert, or his or her designated representative.
"Seminude"
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.
"Specified anatomical areas,"
as used in this chapter, means and includes any of the following:
1. 
Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola; or
2. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
"Specified criminal acts"
means 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.
"Specified sexual activities"
means and includes the following:
1. 
Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty;
2. 
Clearly depicted human genitals in state of sexual stimulation, arousal or tumescence;
3. 
Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation;
4. 
Fondling or touching of nude human genitals, pubic region, buttocks or female breasts;
5. 
Masochism, erotic or sexually oriented torture, beating or the infliction of pain;
6. 
Erotic or lewd touching, fondling or other contact with an animal by a human being;
7. 
Human excretion, urination, menstruation, vaginal or anal irrigation.
"Substantial enlargement of an adult entertainment establishment"
means increase in the floor areas occupied by the business by more than fifteen percent.
"Transfer of an adult entertainment establishment"
means and includes any of the following:
1. 
The sale, lease or sublease of the business;
2. 
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means;
3. 
The establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, except for a transfer by bequest or other operation of law upon the death of a person possessing the ownership of control.
(Ord. 770 § 2, 1995)
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 defined in this chapter, without possessing a permit issued pursuant to the provisions of Chapter 5.89 for each and every separate office or place of business conducted by the above. The permit fee required shall be in addition to any other license, permit or fee required under any other provision of this code.
(Ord. 924 § 2, 2001)
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 non-adult 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 this code.
C. 
Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the fire department and building and safety division regulations and standards.
D. 
All building openings, entries, windows, etc., shall be located, covered or screened in such a manner as to prevent a view into the interior from outside the building.
E. 
Lighting in Parking Lots. Lighting shall be required which is designed to illuminate all off-street parking areas serving such use for the purpose of increasing the personal safety of store patrons and reducing the incidence of vandalism and theft.
F. 
Amplified Sound. No loudspeakers or sound equipment shall be used by an adult entertainment establishment for the amplification of sound to a level discernible by the public beyond the walls of the building in which such use is conducted.
G. 
The building entrance to the adult use shall be clearly and legibly posted by a notice indicating that minors are precluded from entering the premises. As used in this chapter, "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 in this chapter, "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.
J. 
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:
Area
Footcandles
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 subsection 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 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 thirty 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 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 rights-of-way.
(Ord. 770 § 2, 1995; Ord. 905, § 5, 1999)
No adult entertainment establishment shall retain the services of any adult entertainer, either as an employee or independent contractor, unless the adult entertainer is currently licensed as an adult entertainer by the city. Each adult entertainment establishment that retains the services of an adult entertainer shall maintain a register of the name and permit number of any such entertainer, including the dates on which the adult entertainer provides services to the adult entertainment establishment, or is referred by the adult entertainment establishment to provide such services to others.
(Ord. 1008 § 1, 2002)
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.
(Ord. 770 § 2, 1995)
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.
(Ord. 770 § 2, 1995)
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.
(Ord. 770 § 2, 1995)
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, conducting or maintaining an adult entertainment establishment contrary to the provisions of this chapter.
(Ord. 770 § 2, 1995)
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 square feet of floor space, a film, video cassette or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
1. 
Upon application for an adult entertainment establishment permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations, the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two 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 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 to 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 (A)(5) of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to insure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (A)(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 footcandle 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 in subsection (A)(8) of this section 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 to 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 suspension or revocation of the owners' and operator's license to conduct the adult entertainment establishment.
B. 
It is unlawful and a person having a duty under subsection A of this section commits a misdemeanor if he or she knowingly fails to fulfill that duty.
(Ord. 770 § 2, 1995)
A. 
An adult entertainer, while engaged as an adult entertainer, and while nude or seminude, 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.
(Ord. 770 § 2, 1995)
A. 
It is 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 one a.m. and nine a.m. of any particular day.
B. 
It is 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 one a.m. and nine a.m. of any particular day.
(Ord. 770 § 2, 1995)
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.
B. 
It is 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 business 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.
(Ord. 770 § 2, 1995)