[9-21-2022 by Ord. 1782]
A. 
The purpose of this Chapter is to establish standards to enhance the compatibility of adult-oriented businesses with other uses in the same zone and to minimize impact of these uses to abutting residential properties. Adult-oriented businesses provide products and services of a mature nature capable of causing serious negative secondary effects on the community, including depreciation of property values; increase in vacancies in residential and commercial areas in the vicinity of adult-oriented businesses; interference with residential property owner's enjoyment of their properties when the properties are located in the vicinity of adult-oriented businesses; and blight conditions such as inadequate maintenance of commercial premises and parking lots, which thereby have deleterious effects upon adjacent areas.
B. 
The intent of these zoning provisions is to provide special design standards and regulatory guidelines which will direct the time, place, and manner of the operation of adult-oriented businesses in order to minimize the associated negative secondary effects.
[9-21-2022 by Ord. 1782]
All new adult-oriented business shall be located consistent with the following standards:
A. 
Located a minimum of 500 feet from another adult-oriented business.
B. 
Located a minimum of 1,000 feet from all of the following uses:
1. 
Any religious institutions;
2. 
Schools;
3. 
Park and recreation facilities;
4. 
Community centers;
5. 
Libraries;
6. 
Youth organizations; and
7. 
Child Day Care in a Home (Small or Large), or Day Care Centers.
C. 
Located a minimum of 250 feet from all of the following uses:
1. 
Any business involving an on-premises sale of liquor or alcoholic beverages; and
2. 
Any zone other than the IL and IH zones.
D. 
An adult-oriented business shall not be operated within any building or structure containing another adult-oriented business or use as defined by this Section.
[9-21-2022 by Ord. 1782]
A. 
Adult-oriented business shall comply with all permitting or licensing requirements and otherwise applicable standards in Chapter 120 (Sexually Oriented Businesses). In the case of a conflict between this Chapter and Chapter 120 (Sexually Oriented Businesses), this Chapter shall prevail.
B. 
To maintain the City's standard for safe business conduct, adult-oriented businesses must remain in compliance with the following:
1. 
Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed, and provided in compliance with the Fire Department and building regulations and standards adopted by the City.
2. 
No adult-oriented business shall be operated in any manner that allows the observation of any material or activities depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" from any public way or from a location outside the building or areas of such establishment. This provision shall apply to any display, decoration, sign, show window, or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.
3. 
Lighting shall be required which is designated to illuminate all off-street parking areas serving such use for the purpose of increasing the personal safety of patrons and reducing the incidents of vandalism and theft. Said lighting shall be consistent with Section 3.02.11 (Outdoor Lighting).
4. 
No loudspeakers or sound equipment shall be used by an adult-oriented business for the amplification of sounds to a level discernible by the public beyond the walls of the building in which such use is conducted or which violates any existing noise restrictions or standards adopted by the City. The premises within which the adult-oriented business is located shall provide sufficient sound-absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building.
5. 
The building entrance to an adult-oriented business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the Director. No person under the age of 18 years shall be permitted within the premises at any time.
6. 
The adult-oriented business shall not be located, in whole or in part, within any portable structure.
7. 
The adult-oriented business shall not conduct or sponsor any special events, promotions, festivals, concerts, or similar activities which would increase the demand for parking spaces beyond the number of spaces for the business, as required by the Code.
8. 
The adult-oriented business shall not conduct any massage, acupuncture, tattooing, acupressure, or escort services and shall not allow such activities on the premises.
9. 
Landscaping shall conform to the standards established for the zone, except that, if the adult-oriented business is the sole use on a lot, no planting shall exceed 30 inches in height, except trees with foliage not less than six feet above the ground.
10. 
All indoor areas of the adult-oriented business within which patrons are permitted, except restrooms, shall be open to view by the management at all times.
11. 
Specified sexual activities are prohibited in restrooms of any adult-oriented business.
12. 
All areas of the adult-oriented business accessible to patrons shall be illuminated to a minimum level of 20 footcandles, minimally maintained and evenly distributed at ground level except as otherwise required by law for adult motion picture theaters and as provided in Subsection 4.02.03.A.14[1] with regard to adult arcades.
[1]
Editor's Note: So in original.
13. 
Adult-oriented businesses are prohibited to operate between the hours of 1:00 a.m. and 9:00 a.m., daily.
14. 
Adult-oriented business shall not sell or offer for sale any device, instrument or paraphernalia designed or marketed primarily for sexual stimulation or for sadomasochistic use or abuse of themselves or others. Such devices, instruments, or paraphernalia include, but are not limited to, phallic shaped vibrators, dildos, muzzles, whips, chains, bather restraints, racks, non-medical enema kits, body piercing implements (excluding earrings or other decorative jewelry) or other tools of sadomasochistic abuse.
15. 
Public nudity is prohibited at adult-oriented businesses, whether or not alcoholic beverages are sold, served or consumed on the premises. Any adult-oriented business found to have violated this Section shall have its permit suspended or revoked pursuant to Section 120.09 (Suspension of Permit) and Section 120.10 (Revocation of Permit) of the Indio Municipal Code. It is hereby further declared that California Penal Code Section 314 relating to lewd public nudity specifically applies to sexually-oriented businesses (regardless of whether or not a permit has been issued to said businesses under this Chapter), including said businesses even if no alcoholic beverages are sold, served, or consumed at the premises of said businesses, pursuant to California Penal Code Subsection 318.5 and 318.6. Prosecution for violations shall be maintained under the Penal Code by the appropriate enforcement officials.
16. 
The Conditional Use Permit shall be conspicuously posted and visible to patrons inside the adult-oriented business.
17. 
The following additional requirements shall pertain to adult arcades which provide one or more viewing area(s):
a. 
One or more manager's stations (not to exceed 32 square feet of floor area with no dimension greater than eight feet) shall be provided.
b. 
It shall be the duty of the owner(s) to ensure 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 adult arcade.
c. 
The interior of the adult arcade shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the adult arcade to which any patron is permitted access, excluding restrooms. If the adult arcade has two or more manager's stations designated, then the interior of the adult arcade shall be configured in such a manner that there is an unobstructed view of each area of the adult arcade to which any patron is permitted access, excluding restrooms, from at least one of the manager's stations. The view required in this subsection must be by direct line of sign from the manager's station.
d. 
It shall be the duty of the owner(s) and also the duty of all employees present in the adult arcade to ensure that the individual viewing areas remain unobstructed by any doors, walls, persons, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the adult arcade which has been designated as an area in which patrons will not be permitted in the application filed pursuant to this Section.
e. 
No individual viewing area may be occupied by more than one person at a time. Individual viewing areas of the adult arcade shall be operated and maintained without any hole or other opening or means of direct communication or visual or physical access between the interior space of two or more individual viewing areas.
f. 
No individual viewing area shall contain booths, stalls, or partitioned portions of such individual viewing area used for viewing of adult material or other forms of entertainment, having doors, curtains or portal partitions, unless such individual viewing areas containing booths, stalls or partitioned portions have at least one side open to the manager's station and is visible to such manager's station. Any booth, stall, or partitioned portion of an individual viewing area authorized under this subsection shall be constructed so as to allow 12 inches of open space between the bottom of the stall or partition and the floor. Such open space shall remain unobstructed at all times.
g. 
The adult arcade shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access, but such lighting shall not be of an intensity as to prevent the viewing of the adult material.