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:
This term is defined to include each and every one of the
following described uses:
"Adult bookstore," "adult novelty store" or "adult video store"
a.
b.
c.
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:
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;
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities;
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.
"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.
"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.
"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.
"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.
"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.
"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.
"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.
"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.
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.
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.
means the city manager of the city of Palm Desert, or designated
representative.
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.
means and includes any of the following:
The opening or commencement of any such business as a new business;
The conversion of an existing business, whether or not an adult
business, to any of the adult businesses defined in this chapter;
The addition of any of the adult entertainment establishments
defined in this chapter to any other existing adult establishment;
The relocation of any such adult entertainment establishment;
or
The substantial enlargement of any such adult entertainment
establishment.
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.
means and includes the owner, permit holder, custodian, manager,
operator or person in charge of any permitted or licensed premises.
means the person to whom a permit has been issued.
means the chief of the police department of the city of Palm
Desert, or his or her designated representative.
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.
as used in this chapter, means and includes any of the following:
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.
means and includes the following:
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;
Clearly depicted human genitals in state of sexual stimulation,
arousal or tumescence;
Use of human or animal masturbation, sodomy, oral copulation,
coitus, ejaculation;
Fondling or touching of nude human genitals, pubic region, buttocks
or female breasts;
Masochism, erotic or sexually oriented torture, beating or the
infliction of pain;
Erotic or lewd touching, fondling or other contact with an animal
by a human being;
Human excretion, urination, menstruation, vaginal or anal irrigation.
means increase in the floor areas occupied by the business
by more than fifteen percent.
means and includes any of the following:
The sale, lease or sublease of the business;
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange or similar means;
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 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.
(Ord. 770 § 2, 1995)
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.
(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)
