PCRES 1992-028PLANNING COMMISSION RESOLUTION 92-028
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LA QUINTA, CALIFORNIA,
RECOMMENDING TO THE CITY COUNCIL TO ADD
A CHAPTER TITLED "ADULT ENTERTAINMENT"
TO THE ZONING CHAPTER OF THE LA QUINTA
MUNICIPAL CODE.
CASE NO. ZONING ORDINANCE AMENDMENT 92-027
ADULT ENTERTAINMENT BUSINESSES
WHEREAS, the Planning Commission of the City of La Quinta, California, did
on the 25th day of August, and 8th day of September, 1992 held duly -noticed public hearings
to recommend to the City Council the addition to Chapter 9 regulating the adult entertainment
businesses throughout the City; and
WHEREAS, this text amendment has complied with the Rules to Implement the
California Environmental Quality Act of 1970 (County of Riverside 92-213, adopted by
reference in the City of La Quinta Ordinance 5) in that the Planning Director has conducted an
Initial Study and has determined that the proposed Text Amendment will not have a significant
adverse affect on the environment and that a Negative Declaration is hereby recommended for
adoption; and,
WHEREAS, upon hearing and considering all testimony and argument, if any,
of all interested persons desiring to be heard, said Planning Commission did find the following
facts to justify the recommendation for approval of said Text Amendment.
1. The location of adult entertainment land uses in proximity to residential uses, churches,
parks, and schools may lead to increased levels of criminal activities, including drug use
and sales, prostitution, rape, and assaults in the vicinity of those land uses.
2. That the concentration of adult entertainment businesses near one another may contribute
to the blighting or downgrading of the neighborhood.
3. Ample commercial and retail space is currently available and will be available in the
future on the parcels of land fronting State Highway 111.
4. The Highway 111 commercial frontage is the most appropriate location in the City for
siting adult entertainment businesses.
5. That the regulation of adult entertainment businesses in the manner contemplated herein
allows ample opportunity for persons to establish adult entertainment businesses in the
City and does not place an undue burden on those who wish to exercise their rights of
free speech through the sexually oriented communication.
RESOPC.081 1
6. That the City desires to regulate the location and appearance of adult entertainment
businesses to minimize the harmful secondary effects of such businesses on surrounding
neighborhoods and not to regulate in any way the free expression of ideas through such
businesses.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the
City of La Quinta, California, as follows:
1. That the above recitations are true and correct and constitute the findings of the
Commission in this case;
2. That it does hereby confirm and recertify the conclusion of Environmental Assessment
that the proposed Text Amendment will not result in any significant adverse effects and
that a Negative Declaration should be adopted.
3. That it does hereby recommend approval to the City Council of the above described
Zoning Text Amendment for the reasons set forth in this Resolution and as illustrated in
Exhibit "A" attached hereto.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
Planning Commission, held on this 8th day of September, 1992, by the following vote, to wit:
AYES: Commissioners Mosher, Ellson, Mans, Adolph, Chairwoman Barrows
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
;KHAN, Planning Director
Quinta, California
ellt�'
KATIE BARROWS, Chairwoman
City of La Quinta, California
RESOPC.081 2
CHAPTER 9.154
ADULT ENTERTAINMENT BUSINESSES
Sections:
9.154.010
Purpose
9.154.020
Definitions
9.154.030
Police Permit Required
9.154.040
Conditional Use Permit Required
9.154.050
Delineation of AE Zone Boundaries
9.154.060
Revocation of Permits
9.154.070
Violation and Penalty
9.154.010. Purpose
.010. The City Council finds that adult entertainment businesses, by their nature, have
objectionable secondary effects upon adjacent areas. The purpose of this Chapter is to ensure
that these adverse effects will not contribute to the blighting or downgrading of the surrounding
neighborhoods, to prevent crime associated with adult entertainment businesses, to maintain the
integrity of residential neighborhoods, to protect minors from the secondary effects of adult
entertainment businesses, to protect retail trade occurring adjacent to adult entertainment
businesses, to maintain property values within the City, and to protect and preserve the quality
of life within the City.
.020. It is not the intent of this Chapter, and this Chapter shall not be so construed, to
suppress, regulate or affect in any way the content of communication or expression associated
with adult entertainment businesses.
.030. The City Council finds that this Chapter allows the establishment of adult
entertainment businesses at a reasonable number of locations within the City.
9.154.020 Definitions.
.020. For the purposes of this Chapter, the term "adult entertainment business" is
hereby defined to include the following described uses:
A. "Adult Book Store": An establishment having as a substantial or significant
portion of its stock in trade, books, magazines or other periodicals which are distinguished or
characterized by their emphasis on matter depicting, describing or relating to "specified sexual
activities" or "specified anatomical areas" or an establishment with a segment or section devoted
to the sale or display of such material.
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B. "Adult Business": Either (1) any business which is conducted exclusively for the
patronage of adults, and as to which minors are specifically excluded from patronage, either by
law or by the operators of such business, except any businesses licensed by the State Department
of Alcoholic Beverage Control; or (2) any business, other than those expressly specified in this
Chapter, where employees or patrons expose "specified anatomical areas" or engage in
"specified sexual activities"; or (3) any other business or entertainment characterized by an
emphasis on matter depicting, exposing, describing, discussing or relating to "specified sexual
activities" or specified anatomical areas" or (4) any dance studio, photographic or modeling
studio, or social club, other than those where clientele is composed solely of persons under
eighteen (18) years of age.
C. "Adult Motion Picture Theater": An enclosed building with a capacity of fifty
or more persons used for presenting material distinguished or characterized by an emphasis on
matter depicting, describing or relating to "specified sexual activities" or "specified anatomical
areas" for observation by patrons therein.
D. "Adult Mini Motion Picture Theater": An enclosed building with a capacity for
less than fifty persons used for presenting material distinguished or characterized by an emphasis
on matter depicting or relating to "specified sexual activities" or "specified anatomical areas"
for observation by patrons therein.
E. "Adult Motion Picture Arcade": Any place to which the public is permitted or
invited wherein coin or slug -operated or electronically 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 depicting or describing "specified sexual
activities" or "specified anatomical areas".
F. 'Baths. Sauna Baths. Massage Establishments": Any business or establishment
for which a permit is required pursuant to Chapter 5.32 of the La Quinta Municipal Code.
G. "Cabare ": Any business or establishment which conducts, sponsors or allows
entertainment subject to Chapter 5.08 of the La Quinta Municipal Code, where such
entertainment is distinguished or characterized by an emphasis on "specified sexual activities"
or "specified anatomical areas".
H. "Encounter Center" or "Rap Studio": 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 exposing "specified anatomical areas".
I. "Escort Bureau or Introduction Services": Any business or establishment which,
for any form of consideration or gratuity, provides introductions or companions for the primary
purpose of engaging in "specified sexual activities" or exposing "specified anatomical areas".
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J. "Figure Model Studio": Any business or establishment which provides models
or displays which expose "specified anatomical areas" to customers or patrons.
K. "_Public Dance Hall": Any business or establishment subject to Chapter 5.12 of
the La Quinta Municipal Code which conducts, sponsors, or allows dancing which is
distinguished or characterized by an emphasis on "specified sexual activities" or "specified
anatomical areas".
.020. For purposes of this Chapter, the term "Specified Sexual Activities" shall include
any of the following:
A. 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 a sexual relationship, or the use of excretory functions in the context of a sexual
relationship, any of the following depicted sexually oriented acts or conduct: analingus,
buggery, coprophagy, coprophila, cunnilingus, fellatio, necrophilia, pederasty, pedophilia,
piquerism, sapphism, zooerasty; or
B. Clearly depicted human genitals in a state of sexual stimulation, arousal or
tumescence; or
C. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or
masturbation; or
D. Fondling or touching of nude human genitals, pubic region, buttocks or female
breast; or
E. Masochism, erotic or sexual oriented torture, beating or the infliction of pain; or
F. Erotic or lewd touching, fondling or other sexually oriented contact with an
animal by a human being; or
G. Human excretion, urination, menstruation, vaginal or anal irrigation.
.030. For purposes of this Chapter, the term "specified anatomical areas" shall include
any of the following:
A. Less than completely and opaquely covered (1) human genitals or pubic region;
(2) buttocks; or (3) female breast below a point immediately above the top of the areola; or
B. Human male genitals in a discernible turgid state, even if completely and opaquely
covered.
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9.154.030. Police Permit Required.
.010. Any applicant for a conditional use permit for an adult entertainment business
shall make application for a police report to the Chief of Police, or his designated representative.
Prior to submitting such application, a nonrefundable fee shall be paid to the City Clerk to
defray, in part, the cost of investigation and report required by this Chapter. The City Clerk
shall issue a receipt showing that such application fee has been paid. The receipt, or a copy
thereof, shall be supplied to the Chief of Police at the time such application is submitted. Such
application does not authorize the applicant to operate an adult entertainment business.
.020. Each application for a police permit shall contain the following information:
(a) The full, true name and any other names used by the applicant.
(b) The present address -and telephone number of the applicant.
(c) The previous addresses of applicant, if any, for a period of five (5) years
immediately prior to the date of the application and the dates of residence at each.
(d) The applicant's height, weight, color of eyes, and hair and date and place
of birth.
(e) Two photographs of the applicant at least 2" X 2" taken within the last six
months.
(f) Business, occupation or employment history of the applicant for the five
(5) years immediately preceding the date of application.
(g) The business license history of the applicant and whether such applicant,
in previous operations in this or any other city, state, or territory, under license, has had such
license or permit for an adult entertainment business or similar type of business revoked or
suspended, the reason therefor, and the business activity or occupation subsequent to such action
of suspension or revocation.
(h) All convictions within the last five years of any crime involving
dishonesty, fraud, deceit, or moral turpitude.
(i) If the applicant is a corporation, the name of the corporation shall be set
forth exactly as shown in its articles of incorporation or charter, together with the place and date
of incorporation, and the names and addresses of each of its current officers and directors, and
each stockholder holding more than five percent (5%) of the stock in the corporation. If the
applicant is a partnership, the applicant shall set forth the name, residence address and dates of
both of the partners, including limited partners. If the applicant is a limited partnership filed
with the county clerk. If one or more of the partners is a corporation, the provisions of this
DOCJH.074
subsection pertaining to corporations shall apply. The applicant corporation or partnership shall
designate one of its officers or general partners to act as its responsible managing officer. Such
designated persons shall complete and sign all application forms required of an individual
applicant under this Chapter, but only one application fee shall be charged.
0) Such other identification and information as the Police Department may
reasonably require in order to discover the truth of the matters hereinbefore specified as required
to be set forth in the application.
(k) The Chief of Police may require the applicant to furnish fingerprints.
.030. The applicant, if an individual, or designated responsible managing officer, if a
partnership or corporation, shall personally appear at the police department and produce proof
that nonrefundable application fee, established by resolution of the City Council, has been paid
and shall present the application containing the aforementioned and described information.
.040 The Chief of Police shall have thirty (30) days to investigate the application and
the background of the applicant. Upon completion of the investigation, the Chief of Police shall
grant the permit if he finds that:
(a) The required fee has been paid.
(b) The application conforms in all respects to the provisions of this
Chapter.
(c) The applicant has not knowingly made a material misrepresentation
in the application.
(d) The applicant, if an individual, or any of the stockholders of the
corporation, any officers or directors, if the applicant is a corporation, or any of the partners,
including limited partners, if the applicant is a partnership, has not within the last five years
been convicted in a court of competent jurisdiction of any crime involving dishonesty, fraud,
deceit, or moral turpitude.
.050. If the Chief of Police, following investigation of the applicant, deems that
the applicant does not fulfill the requirements as set forth in this Chapter, he shall notify the City
Manager of such opinion and, within thirty (30) days of the date of application, provide copies
of the investigation report to the City Manager. The City Manager shall within ten (10) days,
grant the permit or deny the application and notify the applicant by certified mail of such denial.
Any applicant who is denied a permit by the City Manager may appeal such denial to the City
Council pursuant to the provisions of this Chapter.
DOCJH.074
9.154.040. Conditional Use Permit Required.
.010 Notwithstanding any other provision of the La Quinta Municipal Code to the
contrary, no person shall establish, conduct, operate, or maintain any adult entertainment
business as defined in Chapter 9.154.020 of this Code on any property in the City of La Quinta
without having first obtained a conditional use permit therefor pursuant to the provisions of
Chapter 9.172 of this title.
.020 Notwithstanding any other provision of this Code to the contrary, no conditional
use permit shall be granted by the City for any adult entertainment business unless each of the
following findings is made:
A. The premise upon which the adult entertainment business is proposed to be located
is not located within 1,000 feet of any lot upon which there is located a place of religious
worship; public, private, or parochial elementary, junior high or high school; or public park or
playground.
B. The premise upon which the adult entertainment business is proposed to he located
is not located within 1,000 feet of any lot upon which there is located any other adult
entertainment business as defined in Chapter 9.154.020 of this Code.
C. The premise upon which the adult entertainment business is proposed to be located
is not located within 1,000 feet of any lot zoned for residential use.
D. The premise upon which the adult entertainment business is proposed to be located
is located in the adult entertainment (AE) overlay zone, as defined in Section 9. .050 of
this Code.
E. The exterior appearance of the structure in which the adult entertainment business
is proposed to be located will be consistent with the external appearance of commercial
structures already constructed or under construction within the immediate neighborhood.
F. The exterior appearance of the structure will not cause blight, deterioration or
substantially diminish or impair property values within the neighborhood.
G. The applicant has received a police permit pursuant to Section 9._.030 of this
Code.
H. No adult entertainment business hereindefined, that is prohibited by any existing
County, State, or Federal laws shall be permitted.
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.040. For the purpose of Subsection .020 above, all distances shall be measured in a
straight line, without regard to intervening structures or objects, from the nearest point of the
building or structure used as a part of the premise where said adult entertainment business is
conducted to the nearest property line of any lot or premise described in A through D of that
Subsection.
9.154.050. Delineation of AE Zone Boundaries.
.010. Areas of the City of La Quinta hereby designated as being within the Adult
Entertainment (AE) overlay zone are those parcels located in whole or in part within six hundred
(600) feet from the centerline of State Highway 111.
.020. The zoning designation for the parcel shall constitute the base or underlying zone
and the AE designation shall constitute an overlay zone. In the event of conflicting provisions
between the underlying zone and the AE overlay zone regulations, the requirements and
restrictions of the AE overlay zone shall take precedence over the requirements of the underlying
zone.
9.154.060. Revocation of Permits.
The City Manager may, based on evidence that any of the provisions of this
Chapter have been violated, suspend or revoke a police permit or conditional use permit;
provided that written notice by certified mail of such suspension or revocation is furnished to
the permittee. The permittee, within ten (10) days after receipt of notice of suspension or
revocation, may file an appeal with the City Clerk to be taken to the City Council. In the event
an appeal is timely filed, the suspension or revocation shall not take effect until final decision
has been rendered by the Council. If the permittee fails to take an appeal within the ten day
filing period provided herein, suspension or revocation shall take effect immediately upon
expiration of such filing period.
9.154.070. Violation and Penalty.
.010. Every person, whether acting as an individual owner, employee of the owner,
operator or employee of the operator, or whether acting as a mere helper for the owner,
employer or operator, or whether acting as a participant or worker who in any way operates,
manages or conducts any adult entertainment business as defined in Chapter 9.154.020 without
first obtaining a conditional use permit from the City or who shall violate any provisions of this
Chapter, shall be guilty of a misdemeanor. Any person violating any of the provisions of this
Chapter shall be fined not less than One Hundred Dollars ($100.00) for each offense. Each day
such violation shall continue shall be regarded as a separate offense.
.020. Any establishment operated, conducted or maintained contrary to the provisions
of this Chapter is unlawful and a public nuisance, and the City Attorney may, in addition to or
in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding
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or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by
law and shall take such other steps and shall apply to such court or courts as may here have
jurisdiction to grant such relief as will abate or remove such establishment or activities defined
in Chapter 9.154 and restrain and enjoin any person from operating, conducting or maintaining
such an establishment contrary to the provisions of this Chapter.
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