ORD 267 Revoked by ORD 270ORDINANCE NO.267
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LA QUINTA, CALIFORNIA, ADDING A NEW
CHAPTER 5.80 TO THE CODE OF THE CITY OF LA
QUINTA, AMENDING CHAPTER 9.154 TO THE ZONING
ORDINANCE OF THE CITY OF LA QUINTA.
WHEREAS, the City Council of the City of La Quinta wishes to promote the City
of La Quinta's great interest in protecting and preserving the quality of the residential and
commercial areas of the City, and the quality of life through effective land use planning; and
WHEREAS, the City Council and staff have conducted an extensive review of
land use studies concerning the secondary effects of Adult entertainment establishments in other
cities including, but not limited to, Garden Grove, California (1991); Phoenix, Arizona (1986);
Minneapolis, Minnesota (1980); Houston, Texas (1983); Indianapolis, Indiana (1984); Amarillo,
Texas (1977); City of Los Angeles, California (1977); Cleveland, Ohio (1977); Austin, Texas
(1986); Seattle, Washington (1989); Oklahoma City (1986); Beaumont, Texas (1982); and
Whittier, California (1978); have conducted its own studies, surveys and questionnaires of real
estate appraisers, business persons and residents in La Quinta; and
WHEREAS, the City Council of the City of La Quinta believes the following
statements are true, in part based upon its understanding of the experiences of the cities
referenced above:
A. Crime rates are higher in residential areas surrounding Adult Oriented Businesses than in
commercial or industrial areas surrounding Adult Oriented Businesses;
B. Areas within close proximity of single and multiple family dwellings should be free of
Adult Oriented Businesses;
C. Adult Oriented Businesses should not be located in areas of the City which are in the
vicinity of residential uses, religious institutions, parks and schools;
D. The image of the City of La Quinta as a pleasant and attractive place to reside will be
adversely affected by the presence of Adult Oriented Businesses in close
proximity to residential uses, religious institutions, parks and schools;
E. The existence of Adult Oriented Businesses in close proximity to residential areas has
been shown in some cities to reduce the property values in those residential areas;
F. The City Council believes that allowing Adult Oriented Businesses in the City's AE
Overlay Zone is appropriate because the zone includes ample accessible real estate
including acreage in all stages of development from raw land to developed and shopping
Ordinance No. 267
Page 2
space that is easily accessible by freeways, highways and roads. Limiting Adult Oriented
Businesses to the AE Overlay Zone is further justified based on the fact that Adult
Oriented Businesses have been shown to reduce property values and decrease the
patronage of those businesses in close proximity to the Adult Oriented Businesses;
G. Without the adoption of this Ordinance, Adult Oriented Businesses might be able to
locate anywhere within the City by right, requiring no permit other than a business
license to operate;
H. A reasonable regulation of the location of Adult Oriented Businesses protects the image
of the community and its property values and protects its residents from the adverse
secondary effects of such Adult Oriented Businesses, while providing those who desire to
patronize Adult Oriented Businesses an opportunity to do so in appropriate areas within
the City;
I. Regulations for Adult Oriented Businesses should be developed to prevent deterioration
and/or degradation of the vitality of the community before the problem exists, rather than
waiting for a problem to be created;
J. Adult Oriented Businesses should be regulated by developing zoning which will separate
such land uses from other incompatible uses;
K. Crime rates significantly increase when Adult Oriented Businesses are established within
close proximity to other Adult Oriented Businesses.
WHEREAS, concern over sexually transmitted diseases, including AIDS, is a
legitimate health concern of the City which demands reasonable regulations of Adult Oriented
Businesses in order to protect the health and well being of the citizens; and
WHEREAS, the City recognizes the possible harmful effects on children and
minors exposed to the effects of such businesses and the deterioration of respect for family
values, and the need and desire of children and minors to stay away from and avoid such
businesses, which causes children to be fearful and cautious when walking through or visiting in
the immediate neighborhood of such businesses; and
WHEREAS, the City Council desires to minimize and control these adverse
secondary effects and thereby protect the health, safety and welfare of the citizens; protect the
citizens from the increased crime; preserve the quality of life; preserve the property values and
the character of surrounding neighborhoods and businesses, deter the spread of urban blight and
protect against the threat to health from the spread of communicable and sexually transmitted
diseases; and
Ordinance No. 267
Page 3
WHEREAS, the City Council has determined that locational criteria alone do not
adequately protect health, safety and general welfare of the people of the City and thus
imposition of certain requirements with respect to the ownership and operation of Adult
Oriented Businesses is in the public interest; and
WHEREAS, the City Council, consistent with limitations on the sale of alcohol
and mindful of the time most bars and similar establishments close, further finds that restricted
hours of operation will further prevent the adverse secondary effects of Adult Oriented
Businesses; and
WHEREAS, it is not the intent of the City Council to condone or legitimize the
distribution of obscene material, and the Council recognizes that state law prohibits the
distribution of obscene materials and expects and encourages law enforcement, and state and
local enforcement officials to enforce state obscenity statutes against such illegal activities in the
City; and
WHEREAS, the aforementioned studies show that sex -related offenses are
included within the category of secondary effects caused by unregulated or under regulated Adult
Oriented Businesses; and
WHEREAS, the City Council believes that persons who have been convicted of
sex -related offenses have shown a propensity to commit such offenses and should not be
permitted to operate Adult Oriented Businesses for two (2) years after such conviction. This is
because the sexually oriented nature of the business creates an increased opportunity for the
commission of sex -related offenses by persons who have exhibited a propensity for the
commission of such offenses; and
WHEREAS, the City Council believes as true the documents and judicial
decisions in the public record established and submitted in conjunction with this Ordinance
which demonstrate that various operational practices of Adult Oriented Businesses (as that term
is defined in Section 5.80.020 of the La Quinta Municipal Code) increase criminal activity,
including but not limited to sexually related criminal activity, and increase the likelihood of the
transmission of diseases including but not limited to sexually transmitted diseases such as
gonorrhea, syphilis, herpes, and acquired immune deficiency syndrome ("AIDS") and hepatitis-
B; and
WHEREAS, the City Council believes the following statements are true, in part,
based upon its understanding of the documents and judicial decisions in the public record;
A. Evidence indicates that some dancers, models, entertainers, and other persons who
publicly perform Specified Sexual Activities or publicly display Specified Anatomical
Parts in Adult Oriented Businesses (as those terms are defined in Section 5.80.020)
Ordinance No. 267
Page 4
(collectively referred to as "Performers") have been found to engage in sexual activities
with patrons of Adult Oriented Businesses on the site of the Adult Oriented Business;
B. Evidence has demonstrated that Performers employed by Adult Oriented Businesses have
been found to offer and provide private shows to patrons who, for a price, are permitted
to observe and participate with the Performers in live sex shows;
C. Evidence indicates that Performers at Adult Oriented Businesses have been found to
engage in acts of prostitution with patrons of the establishment;
D. Evidence indicates that fully enclosed booths, individual viewing areas, and other small
rooms whose interior cannot be seen from public areas of the establishment ("Individual
Viewing Areas") regularly have been found to be used as a location for engaging in
unlawful sexual activity;
E. Many Individual Viewing Areas have been found to contain "glory holes" in the walls
joining abutting Individual Viewing Areas which are used by customers to facilitate
sexual activity between the occupants of the abutting Individual Viewing Areas;
F. Individual Viewing Areas have been found to be unsanitary due to the existence of
semen, saliva, and blood on the walls and floors of the Individual Viewing Areas;
G. Medical science has found that: (1) certain Sexually Transmitted Disease ("STD") have a
potential life span of 2-3 hours outside the human body; (2) the existence of certain
bodily fluids on the walls and floors of the Individual Viewing Areas can facilitate the
transmission of STDs; and (3) the practice of individuals having anonymous and/or
unprotected sexual relations in Individual Viewing Areas can facilitate the transmission
of STDs;
H. Poorly lit or unlit areas of Adult Oriented Businesses provide a location for people to
engage in illegal sexual activities;
I. Police agencies have determined that some Adult Oriented Businesses and the operators
thereof have been found to be directly engaged in (as well as aid and abet) criminal and
illegal sexual activity. Such individuals also have been known to use aliases;
J. Many jurisdictions have found that Adult Oriented Businesses generate excessive noise
and disorderly conduct, particularly at the closing time of the Adult Oriented Business,
which creates an adverse noise and public safety impact on surrounding businesses and
communities; and
Ordinance No. 267
Page 5
WHEREAS, the experiences of the cities of Palm Springs and Huntington Beach,
California, indicate that disorderly conduct is likely to occur when crowds which are under the
influence of alcohol become involved in sexually oriented activities; and
WHEREAS, while the City Council desires to protect the rights of those who
provide adult oriented entertainment, it desires to do so in a manner which decreases, to the
greatest extent feasible, the undesirable secondary effects associated with such entertainment;
and
WHEREAS, based upon the evidence contained in the documents, judicial
opinions, and other public records, a copy of which are on file in the City Clerk's office, the City
Council finds as follows:
A. The City has an interest in ensuring that individuals who operate Adult Oriented
Businesses have not been convicted of certain criminal offenses, particularly sexually
related offenses. The application requirements contained in Chapter 5.80.030 of the La
Quinta Municipal Code further that interest;
B. Requiring the presence of one (1) security guard for every 200 patrons at Adult Oriented
Businesses providing live entertainment is likely to reduce the disorderly conduct and
illegal activity observed to occur at Adult Oriented Businesses in other jurisdictions,
C. Requiring Adult Oriented Businesses to close at 1:00 a.m. is likely to reduce the early
morning criminal activity occurring at and near Adult Oriented Businesses and is likely to
eliminate the existence of excessive noise and disorderly conduct in and around the
community in the early hours of the morning;
D. The requirement that Adult Oriented Businesses only allow performances which are
characterized by Specified Sexual Acts or future Specified Anatomical Parts such that
patrons not be permitted within 6 feet of the Performers is likely to reduce the
opportunities for illegal sexual activity to occur between Performers and patrons, and is
particularly likely to reduce the opportunity for such illegal sexual activity to occur at the
Adult Oriented Business;
E-. Requiring Performers in Individual Viewing Areas to be completely separated from
patrons by a floor to ceiling plexiglass or other clear, permanent barrier is likely to reduce
the opportunity for illegal sexual activity to occur between Performers and patrons and
reduce the possibility of the transmission of sexually transmitted diseases between
Performers and patrons;
F. Requiring the entire interior portion of Individual Viewing Areas to be visible from aisles
and public areas of the Adult Oriented Business is likely to reduce the opportunity for
Ordinance No. 267
Page 6
illegal sexual activity to occur within the Individual Viewing Area;
G. Requiring areas within Adult Oriented Businesses to be minimally illuminated to the
standards contained in Chapter 5.80 is likely to reduce the opportunity for the occurrence
of illegal sexual activity in dark portions of Adult Oriented Businesses;
H. Prohibiting any physical contact between Performers and patrons of Adult Oriented
Businesses is likely to reduce the opportunity for the occurrence of illegal sexual activity
between patrons and Performers;
I. Prohibiting holes or openings between the interior spaces of Individual Viewing Areas is
likely to reduce the opportunity for the occurrence of illegal sexual activity between the
occupants of Individual Viewing Areas;
Prohibiting the occupancy of more than one person in an Individual Viewing Area at any
time is likely to reduce the opportunity for the Individual Viewing Area to be used for
illegal sexual activity;
K. Prohibiting patrons of Adult Oriented Businesses from offering payments or gratuities
and prohibiting Performers from accepting the same is likely to reduce the opportunity
for illegal sexual activity to occur between patrons and Performers; and
WHEREAS, while the City Council of the City of La Quinta desires to protect the
rights conferred by the United States Constitution to Adult Oriented Businesses, it does so in a
manner that ensures the continued and orderly development of property within the City and
diminishes, to the greatest extent feasible, those undesirable secondary effects which the
aforementioned studies have shown to be associated with the development and operation of
Adult Oriented Businesses; and
WHEREAS, it is not the intent of the City in adopting this Ordinance to suppress
any activities protected by the First Amendment, but rather to enact a content neutral Ordinance
which addresses the secondary effects Adult Oriented Businesses have on the City; and
WHEREAS, the City staff has determined, pursuant to the California
Environmental Quality Act ("CEQA"), that the proposed Municipal Code amendments are
exempt under CEQA Regulations and recommends filing a Notice of Exemption; and
WHEREAS, the City has previously adopted an Adult Oriented Business zoning
ordinance in 1992, and
WHEREAS, since that time the courts have decided Smith v. County of Los
Angeles (1994) 211 Cal.App.3d 188; Tol2anga Press v. City of Los Angeles (C.A. 9, Cal. 1994)
Ordinance No. 267
Page 7
989 F.2d 1524; and Dease v. City of Anaheim (C.D. Cal.) 826 F.Supp. 336, all of which
collectively call into question some provisions of the City's Adult Oriented Business zoning
ordinance; and
WHEREAS, without a proper Adult Oriented Business zoning ordinance in place,
an Adult Oriented Business could legally be permitted to operate in the absence of any
regulations, causing the City and its people to incur the secondary effects associated with the
operation of such businesses as discussed above;
WHEREAS, the City has recently received inquiries regarding the establishment
of Adult Oriented Businesses in the City's AE Overlay Zone as well as in areas adjacent to
school uses; and
WHEREAS, Government Code Section 65858 authorizes the City to adopt an
urgency measure to regulate uses which may be in conflict with a contemplated zoning proposal
which the legislative body, Planning Commission or Planning Department is considering or
studying or intends to study within a reasonable time; and
WHEREAS, the City has been studying the adoption of a new Adult Oriented
Business zoning ordinance for one year.
NOW, THEREFORE, the City Council of the City of La Quinta hereby ordains as
follows:
Section 1: Pursuant to the City of La Quinta's CEQA Procedures and Article VI of the State
CEQA Guidelines, it has been determined that the adoption of this ordinance is exempt under
section 15061 (b)(3) and 15269 of the State CEQA Guidelines. Therefore, a Notice of
Exemption has been prepared according to CEQA. The City Council, having final approval
authority over this project, has reviewed and considered the information contained in the Notice
of Exemption. Furthermore, the City Council has exercised its own independent judgment in
reaching the above conclusion. The City Council therefore approves the Notice of Exemption.
Section 2: A new Chapter 5.80 is hereby added to the La Quinta Municipal Code to read in
its entirety as follows:
Ordinance No. 267
Page 8
Chapter 5.80
ADULT ORIENTED BUSINESS
Sec.5.80.010 Pose.
The purpose of this Chapter is to regulate Adult Oriented Businesses which,
because of their very nature, are believed to have many of the recognized significant secondary
effects on the community which include, but are not limited to: depreciated property values and
increased vacancies in residential and commercial areas in the vicinity of the Adult Oriented
Businesses; higher crime rates, noise, debris or vandalism in the vicinity of Adult Oriented
Businesses; and blighting conditions such as low level maintenance of commercial premises and
parking lots which thereby have a deleterious effect upon adjacent areas. Special regulation of
these uses is necessary to insure that these adverse effects will not contribute to the blighting or
downgrading of the neighborhoods in the vicinity of the Adult Oriented Businesses. It is neither
the intent, nor effect of this section to impose limitations or restrictions on the content of any
communicative material. Similarly, it is neither the intent, nor effect of this section to restrict or
deny access by adults to Sexually Oriented Materials or Merchandise protected by the First
Amendment, or to deny access by the distributors of Adult Oriented Business to their intended
market.
Nothing in this Section is intended to authorize, legalize or permit the
establishment, operation or maintenance of any business, building or use which violates any City
ordinance or any statute of the State of California regarding public nuisances, unlawful exposure,
sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display
thereof.
Sec.5.80.020 Definitions.
"Adult Bookstore": Any establishment, which as a regular and substantial course
of conduct, displays and/or distributes Adult Merchandise, books, periodicals, magazines,
photographs, drawings, sculptures, motion pictures, videos, slides, films, or other written, oral or
visual representations which are distinguished or characterized by an emphasis on a matter
depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Parts.
(See "Adult Oriented Business" for definition of regular and substantial portion of its business.)
"Adult Cabaret": A nightclub, bar, lounge, restaurant or similar establishment or
concern which features as a regular and substantial course of conduct, any type of live
entertainment, films, motion pictures, videos, slides, other photographic reproductions, or other
oral, written, or visual representations which are characterized by an emphasis on matter
depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Parts.
-- Ordinance No. 267
Page 9
"Adult Entertainer" means a person who for any form of consideration or gratuity
performs or appears in the nude or in a state of nudity or semi -nudity 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 Adult Oriented Businesses.
"Adult Hotel/Motel": A motel, hotel or similar commercial establishment which
(1) offers public accommodations, for any form of consideration, which provides patrons with
closed-circuit television transmissions, films, motion pictures, video cassettes, 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; or (2) offers a sleeping room for rent for a period of
time less than 10 hours; or (3) allows a tenant or occupant to sub -rent or let others use the
sleeping room for a time period of less than 10 hours.
"Adult Model Studio": Any premises where there is furnished, provided or
procured a figure model or models who pose in any manner which is characterized by its
emphasis on matter depicting, describing; or relating to Specified Sexual Activities or Specified
Anatomical Parts where such model(s) is being observed or viewed by any person for the
purpose of being sketched, painted, drawn, sculptured, photographed, filmed, or videotaped for a
fee, or any other thing of value, as a consideration, compensation, or gratuity for the right or
opportunity to so observe the model or remain on the premises. Adult Model Studio shall not
include any Live Art Class or any studio or classroom which is'operated by any public agency, or
any private educational institution authorized to issue and confer a diploma or degree under
Section 94300 et seq. of the Education Code.
"Adult Motion Picture Arcade": Any business establishment or concern
containing coin or slug operated or manually or electronically controlled still, motion picture or
video machines, projectors, or other image producing devices that are maintained to display
images to an individual in Individual Viewing Areas when those -images are distinguished or
characterized by an emphasis on matter depicting, describing or relating to Specified Sexual
Activities or Specified Anatomical Parts.
"Adult -Oriented Business": Any business establishment or concern which as a
regular and substantial course of conduct performs as an Adult Bookstore, Adult Theater, Adult
Motion Picture Arcade, Adult Cabaret, Stripper, Adult Model Studio or Adult Hotel/Motel; any
business establishment or concern which as a regular and substantial course of conduct sells or
distributes Sexually Oriented Merchandise or Sexually Oriented Material; or any other business
establishment or concern which as a regular and substantial course of conduct offers to its
patrons products, merchandise, services or entertainment characterized by an emphasis on
Ordinance No. 267
Page 10
matters depicting, describing or relating to Specified Sexual Activities or Specified Anatomical
Parts. "Adult Oriented Business" does not include those uses or activities, the regulation of
which is preempted by state law. "Adult Oriented Business" shall also include any business
establishment or concern which, as a regular and substantial course of conduct provides or allows
performers, models, actors, actresses, or employees to appear in any place in attire which does
not opaquely cover Specified Anatomical Parts. For the purposes of this Section, a business
establishment or concern has established the provision of products, merchandise, services or
entertainment characterized by an emphasis on matters depicting, describing or relating to
Specified Sexual Activities or Specified Anatomical Parts as a regular and substantial course of
conduct when one or more of the following conditions exist:
A. The area devoted to Adult Merchandise and/or Sexually Oriented Material
exceeds more than 10 percent, or 250 square feet, whichever is less, of the total
display or floor space area open to the public;
B. The business establishment or concern presents any type of live
entertainment which is characterized by an emphasis on Specified
Sexual Activity or Specified Anatomical Parts at least six (6) times
in any month in any given year;
C. The business establishment or concern obtains a significant or
substantial portion of its revenues from the sale, rental or lease of
entertainment, material or merchandise characterized by an
emphasis on matter depicting, describing, or relating to Specified
Sexual Activities or Specified Anatomical Parts or advertises the
availability of the same; or
D. The regular and substantial course of conduct of the business
consists of or involves the sale, trade, display or presentation of
services, products, or entertainment which are characterized by an
emphasis on matter depicting, describing, or relating to Specified
Sexual Activities or Specified Anatomical Parts
E. 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 an Adult Bookstore. Such
other business purposes will not serve to exempt such establishments from being
categorized as an Adult Bookstore, 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.
Ordinance No. 267
Page 11
The definition of "Adult Oriented 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 Theater": a business establishment or concern which, as a regular and
substantial course of conduct, presents live entertainment, motion pictures, videos,
slide photographs, or other pictures or visual reproductions which are distinguished
or characterized by their emphasis on matter depicting, describing, or relating to
Specified Sexual Activities or Specified Anatomical Parts.
"Employee" means any person over eighteen years of age who renders any service
in connection with the operation of an Adult Oriented Businesses and receives
compensation from the operator of the business or patrons.
"Establishment" means and includes any of the following:
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 Oriented Businesses defined in this chapter
to any other existing adult establishment; or
4. The relocation of any such Adult Oriented Businesses; or
5. The substantial enlargement of any such Adult Oriented Businesses by an
increase of the floor area occupied by the business of more that 15%.
"Live Art Class": Any premises on which all of the following occur: there is
conducted a program of instruction involving the drawing, photographing, or sculpting of
live models exposing Specified Anatomical Parts; instruction is offered in a series of at least
2 classes; the instruction is offered indoors; an instructor is present in the classroom while
any participants are present; and per -registration is required at least 24 hours in advance of
participation in the class.
"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.
Ordinance No. 267
Page 12
"Sex Club": any establishment, including a private club, which permits persons to
engage in Specified Sexual Activities in any public or semi-public portion of the
establishment or which provides private rooms to persons for a period of less than 24
consecutive hours in which persons are permitted to engage in Specified Sexual Activities.
For the purpose of this section, a public or semi-public portion of an establishment shall
mean any portion of the establishment in which invitees of the establishment re permitted
access and which is not reserved for the exclusive use of two or fewer persons for a period
of 24 consecutive hours or more. Rooms provided for the exclusive use of more than two
unrelated persons shall be deemed to be "public" for the purposes of this Ordinance.
"Sexually Oriented Material": any element of Sexually Oriented Merchandise, or any
book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video, or
other written, oral, or visual representation which, for purposes of sexual arousal, provides
depictions which are characterized by an emphasis on matter depicting, describing, or
relating to Specific Sexual Activities or Specified Anatomical Parts.
"Sexually Oriented Merchandise": Sexually oriented implements and paraphernalia,
such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear,
benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery
operated vaginas, and similar sexually oriented devices which are designed or marketed
primarily for the stimulation of human genital organs or sado-masochistic activity.
"Specified Anatomical Parts":
a. Less than completely and opaquely covered human genitals;
pubic region; buttocks; or female breast below a point
immediately above the top of the areola; or
b. Human male genitals in a discernably turgid state, even if
completely and opaquely covered.
"Specified Criminal Acts" shall mean 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":
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
Ordinance No. 267
Page 13
function in the context of a sexual relationship, any of the
following depicted sexually oriented acts or conduct:
anilingus, buggery, coprophagy, coprophilia, cunnilingus,
fellatio, necrophilia, pederasty, pedophilia, piquerism,
sapphism, zooerastia; 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 sexually 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; or
h. Striptease or the removal of clothing to the point where
Specified Anatomical Parts are not opaquely covered.
"Transfer" of an Adult Oriented Business 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 transfer by bequest or other operation of law
upon the death of a person possession the ownership of control.
Sec. 5.80.025 Permit Required.
Prior to the Establishment or Transfer of an Adult Oriented Business the
owner of the business shall obtain both an Adult Oriented Business Permit and a Business
Ordinance No. 267
Page 14
License from the City of La Quinta. 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 Oriented
Business, or be engaged as an Adult Entertainer, as herein defined, without possessing a
permit issued pursuant to the provisions of this chapter for each and every separate office or
place of business conducted by the above. The permit fee required hereby shall be in
addition to any other license, permit or fee required under any of the provisions of this code.
Neither the filing of an application for the permit, nor payment of any other
license, permit or fee required under any other provision of this code, shall authorize the
engaging in, conducting or carrying on of an Adult Oriented Business, or as an Adult
Entertainer.
The property owner, or authorized agent of the property owner, is eligible to
request an Adult Oriented Business Permit. The application fee for any Adult Oriented
Business permit shall be five hundred dollars and is non refundable and shall be used to
defray the cost of investigation, processing and hearing as set forth herein. The application
fee for an Adult Entertainer permit shall be one hundred dollars. The fees set forth herein
shall be in effect until the City Council shall by resolution fix some other rate based upon a
cost factor.
All permits shall expire one year from the date of issuance. Applications for
renewal of a permit shall be made thirty (30) days prior to the expiration date. The renewal
application fee for an Adult Entertainment Permit shall be one hundred dollars. The renewal
application fee for an Adult Entertainer shall be twenty-five dollars. Said renewal
applications fees are nonrefundable and shall be used to defray the cost of investigation and
processing the renewal applications. The fees set forth herein shall be in effect until the City
Council shall be resolution fix some other rate based upon a cost factor.
The following information is required at the time an Adult Oriented Business
Permit is submitted to the Community Development Department:
A. A completed Adult Oriented Business Permit application
signed by the property owner or authorized representative.
B. The non-refundable deposit or fee as set forth by ordinance or
resolution of the City Council.
The application shall include the following information:
Ordinance No. 267
Page 15
A. Any person, association, partnership or corporation desiring to obtain a
business license tax certificate and a permit for an Adult Oriented Business
shall make an application, under oath, to the City Manager upon a form
provided by the City Manager showing:
1. The name, current permanent residential address and telephone
number of the applicant;
2. The business name, proposed business address of the Adult
entertainment establishment and its telephone number;
a. If the applicant is a corporation, the name shall be exactly as
set forth in its articles of incorporation and it shall provide a copy of its articles of
incorporation. The applicant shall show the name and residence address of each of the
officers, directors and each stockholder owning not less than ten percent of the stock of the
corporation and the address of the corporation itself, if different than the address of the Adult
entertainment establishment. The application shall show that the corporation is in good
standing under the laws of California.
b. If the applicant is a partnership, the application shall show the
name and residence address of each of the partners including limited partners and the address
of the partnership itself, if different than the address of the Adult Oriented Business;
3. The name and permanent address of the owner of the property upon
which the applicant intends to locate the Adult Oriented Business. If the property owner is
a corporation, the name shall be exactly as set forth in its articles of incorporation and the
applicant shall show the name and residence address of each of the officers, directors and
stockholders owning not less than ten percent of the stock of the corporation. If the property
owner is a partnership, the application shall show the name and residence address of each of
its partners, including limited partners;
4. In the event the applicant is not the owner of record of the real
property upon which the Adult Oriented Business is or will be located, the application must
be accompanied by a notarized statement from the owner or record of the real property
acknowledging that an Adult Oriented Business is or will be located on the property. In
addition, the applicant must furnish a copy of the lease or rental agreement pertaining to the
premises in which the Adult Oriented Business will be located;
5. The date, hours and location where the Adult Oriented Business is
proposed to be conducted, and the admission fee, if any, to be charged;
6. The name(s) of person(s) having the management or supervision of
Ordinance No. 267
Page 16
the applicant's business;
7. Whether or not the applicant has been convicted of a Specified
Criminal Act within the last five years, the nature such offense, the date of conviction, place
convicted and the sentence received therefor.
8. Whether or not the applicant has ever had any similar license or permit
issued by such agency revoked or suspended, or has had any professional or vocational
license or permit revoked or suspended, and the reasons therefor, and the business activity
or occupation subsequent to such action of suspension or revocation. If the applicant is a
corporation, this requirement applies to each of the officers, directors and/or stockholders
owning not less than ten percent of the stock of the corporation. If the applicant is a
partnership, this requirement applies to each of the partners, including limited partners;
9. Driver's license or other acceptable identification and social security
number of the applicant. If the applicant is a corporation, this requirement applies to each
of the officers, directors, and/or stockholders owning not less than ten percent of the stock
of the corporation. If the applicant is a partnership, this requirement applies to each of the
partners, including limited partners;
10. Acceptable written proof that the applicant is at least eighteen years
of age. If the applicant is a corporation, this requirement applies to each of the officers,
directors and/or stockholders owning not less than ten percent of the stock of the corporation.
If the applicant is a partnership, this requirement applies to each of the partners, including
limited partners;
11. The height, weight, color of eyes, color of hair and date of birth of the
applicant. If the applicant is a corporation, this requirement applies to each of the officers,
directors and/or stockholders owning not less than ten percent of the stock of the corporation.
If the applicant is a partnership, this requirement applies to each of the partners, including
limited partners;
12. The business, occupation or employment history of the applicant for
the last five year period immediately preceding the date of the filing of the application. If
the applicant is a corporation, this requirement applies to each of the officers, directors,
and/or stockholders owning not less than ten percent of the stock of the corporation. If the
applicant is a partnership, this requirement applies to each of the partners, including limited
partners;
13. Each residence and business address of the applicant for the five year
period immediately preceding the date of the filing of the application. If the applicant is a
corporation, this requirement applies to each of the officers, directors and/or stockholders
Ordinance No. 267
Page 17
owning not less than ten percent of the stock of the corporation. If the applicant is a
partnership, this requirement applies to each of the partners, including limited partners;
14. One front -faced portrait photograph of the applicant at least two inches
shall be taken by the City Police. If the applicant is a partnership, one front -face portrait
photograph at least two inches by two inches in size of each partner, including limited
partners in the partnership shall be taken by the City Police;
15. A detailed description of the proposed entertainment, including type
of entertainment, number of persons engaged in the entertainment and any further
information about the entertainment or entertainers, as the City manager may deem
necessary;
16. The name and address of any other Adult Oriented Business owned
or operated by any person whose name is required to be given in subsection B;
17. A description of any other business to be operated on the same
premises or on adjoining premises owned or controlled by the applicant. If the applicant is
a corporation, this requirement applies to each of the officers, directors and/or stockholders
owning not less than ten percent of the stock of the corporation. If the applicant is a
partnership, this requirement applies to each of the partners, including limited partners;
18. Authorization for the City, it agents and employees to seek
information and conduct an investigation into the truth of the statements set forth in the
application and the qualifications of the applicant for the permit;
19. Such other identification and information necessary to discover the
truth of the matters required to be set forth in the application;
20. Applicant must furnish for any person whose name is required to be
given in subsection 6 the information requested by subsections 1, 9, 10, 11, 12, 13, 14, 16,
18, and 19.
21. A sketch or diagram showing the configuration of the premises,
including a statement of total floor space occupied by the business. The sketch or diagram
need not be professionally prepared, but it must be drawn to a designated scale or drawn with
marked dimensions of the interior of the premises to an accuracy of plus or minus six (6)
inches;
22. A current certificate and straight-line drawing prepared within thirty
(30) days prior to application by a California registered land surveyor depicting the property
lines and the structures containing any established existing uses regulated by this Chapter
Ordinance No. 267
Page 18
within five hundred (500) feet of the property to be certified; the property lines of any
established religious institution/ synagogue, school, public park, recreation area, public
building, business involving an on -premises sale of liquor or alcoholic beverages, or area
zoned R-1, R-2, PR, PC, PI or C-1 within five hundred (500) feet of the property. For
purpose of this Section, a use shall be considered existing or established if it is in existence
at the time an application is submitted.
B. The holder of the permit for an Adult Oriented Business shall notify the City's
code compliance department of each change in any of the data required to be furnished by
this section within ten days after such change occurs.
5.80.050 Investigation.
After an application for permit has been filed with the City manager, he or she
shall cause an investigation to be made by the City's code compliance department. The code
compliance department shall refer copies of the application to the following City's
departments of building and safety, the Riverside County Health Department, the Riverside
County Fire Marshal. These departments shall within thirty days inspect the premises
proposed to be operated as an Adult Oriented Business and shall make written verification
to the codes of the City, Riverside County and the state of California, that they administer.
If such premises are not in compliance, the code compliance department shall notify the
applicant, in writing, of the deficiencies, and shall cause the reinspection of such premises
to be made upon written request by the applicant; provided, however that such request for
reinspection is made within thirty days after notice of noncompliance has been given by the
code compliance department. The application shall further be referred to the City's police
department for investigation of the applicant's character and qualifications.77
Sec.5.80.060 Findings/Requirements.
The City Director of Community Development shall issue an Adult Oriented
Business Permit within the later of forty (40) days of receipt of a completed application or
ten (10) days from receipt of the complete investigation report in 5.80 if it finds that:
A. The Adult Oriented Business shall be located in the City's AE
Overlay Zone zoning districts.'
' The distance of separation required by Findings B, C, D, E and F shall be made by
using a straight line, without regard to intervening structures or objects, from the structure of the
proposed Adult Oriented Business to the nearest property line of the lot upon which is located a
residential use, religious institution, park or school from which the measurement is being taken,
or where the use being measured against is located on the same lot as the Adult Oriented
Ordinance No. 267
Page 19
B. The Adult Oriented Business shall not be located within six hundred
fifty (650) feet of any residential zone.
C. The Adult Oriented Business shall not be located within one thousand
(1000) feet of a school. School means institutions for teaching or
caring for minor children e.g., child care facilities, preschool, day
schools, elementary schools, secondary schools, high schools; and
institutions of higher learning receiving approved graduates of
preparatory school, and offering instructions in art, letters and
science, leading to the bachelor's degree or mater's degree (e.g.,
colleges and universities).
D. The Adult Oriented Business shall not be located within one thousand
feet (1000) of any lot upon which there is properly located a public
park; within five hundred (500) feet of any mortuary or any lot used
by a religious institution for religious activities at least three (3) times
per week.
E. The Adult Oriented Business shall not be located within five hundred
(500) feet of any other Adult Oriented Business including Adult
Oriented Businesses located on the same parcel or within the same
structure.
F. The Adult Oriented Business shall not be located within five hundred
(500) feet of any business involving an on -premise sale of liquor or
alcoholic beverages.
G. The Adult Oriented Business shall not be located within any structure
for which a part of the structureis within one hundred feet (100') of
the ultimate right-of-way of a major, primary or secondary
thoroughfare as defined in the General Plan of the City of La Quinta
and the building entrance shall not be facing said thoroughfare. For
the purpose of this chapter, a property fronts on such a road if the
property and any portion of the right-of-way for the road have a
contiguous boundary.
Business, the distance between the two shall be measured in a straight line between the front
doors of each use without regard to intervening structures or objects. No request for subdivision,
reparcelization or lot line adjustment shall be approved where the primary purpose is to avoid the
intent of these distance requirements.
Ordinance No. 267
Page 20
H. The parking requirements for Adult Oriented Businesses shall be as
follows:
Bookstores and retail establishments: 1 parking
space/300 sq. ft. of gross floor area
Theaters: 1 parking space/3 seats, if seats are
fixed, or 1 parking space/24 sq. ft. of gross floor
area
Cabarets: 1 parking space/3 seats, if seats are
fixed, or 1 parking space/35 sq. ft. of gross floor
area
Motion picture arcade: 1 parking space/Individual
Viewing Area plus 1 parking space/employee
Motel/hotel: 1 parking space/guest room for first
50 rooms; .75 parking space/guest room thereafter
I. The Adult Oriented Business shall not be located completely or
partially within any mobile structure or pushcart.
J. The Adult Oriented Business shall not stage any Special Events,
promotions, festivals, concerts or similar events which would
increase the demand for parking beyond the approved number of
spaces for the particular use.
K. The Adult Oriented Business shall not conduct any massage,
tattooing or acupressure on the premises or operate escort services
from the premises.
L The Adult Oriented Business shall provide a security system that
visually records and monitors all parking lot areas. All indoor areas
of the Adult Oriented Business which are accessible to the public
shall be open to public view at all times with the exception of
restroom facilities. "Accessible to the public" shall include but not
be limited to those areas which are only accessible to members of the
public who pay a fee and/or join a private club or organization.
M. The Adult Oriented Business complies with the City's sign
regulations.
N The Adult Oriented Business complies with the development and
design requirements of the zone in which it is to be located.
Ordinance No. 267
Page 21
Material or Sexually Oriented Merchandise which would be visible
from any location other than from within the Adult Oriented
Business.
P. The Adult Oriented Business shall not allow admittance to any person
under the age of 18 if no liquor is served, or under the age of 21 if
liquor is served.
Q. With the exclusion of Adult Oriented Hotels, the Adult Oriented
Business shall not operate between the hours of 1:00 a.m. and 9:00
a.m.
R. Neither the applicant, if an individual, nor any of the officers or
general partners, if a corporation or partnership, of the Adult Oriented
Business have been found guilty within the past two (2) years of a
misdemeanor or felony classified by the State as a sex -related offense
and have not violated any of the provisions of any Adult Oriented
Business Permit or similar permit or license in any city, county,
territory, or state.
S. The Adult Oriented Business shall provide separate restroom
facilities for male and female patrons. The restrooms shall be free
from Sexually Oriented Materials and Sexually Oriented
Merchandise. Only one person shall be allowed in the restroom at
any time, unless otherwise required by law, in which case the Adult
Oriented business shall employ a restroom attendant of the same sex
as the restroom users who shall be present in the restroom during
operating hours. The attendant shall prevent any person(s) from
engaging in any Specified Sexual Activities within the restroom and
shall ensure that no person of the opposite sex is permitted in the
restroom.
T. The interior of the Adult Oriented Business shall be configured such
that there is unobstructed view using the naked eye, unaided by any
other devices, of every public area of the premises, including but not
limited to the interior of all Individual Viewing Areas, from a
permanent security station physically demarked in the establishment
which is no larger than 32 square feet of floor area with no single
dimension being greater than 8 feet in a public portion of the
establishment. No public area, including but not limited to the
interior of any Individual Viewing Area, shall be obscured by any
door, curtain, wall, two way mirror or other device which would
Ordinance No. 267
Page 22
prohibit a person from seeing into the interior of the Individual
Viewing Area from the manager's station. A security officer shall be
stationed in the security station at all times the business is in
operation or open to the public in order to enforce all rules and
regulations. No Individual Viewing Area shall be designed or
operated to permit occupancy of more than one person at a time.
"Individual Viewing Area" shall mean any area designed for
occupancy of one person for the purpose of viewing live
performances, pictures, movies, videos or other presentations.
U. All areas of the Adult Oriented Business shall be illuminated at a
minimum of the following foot-candles, minimally maintained and
evenly distributed at ground level:
Bookstores: 20 foot-candles
Retail Establishments: 20 foot-candles
Theater: 5 foot candles
(except during performances, at which time
the lighting shall be at least 1.25 foot candles)
Cabaret: 5 foot candles
Motion Picture Arcade: 10 foot candles in
public areas
Individual Viewing Booths: 1.25 foot-candles
Motion Picture Theater: 10 foot candles
(except during performances at which time
the lighting shall be at least 1.25 foot candles)
Motel/Hotel: 20 foot candles in
public areas
V. The Individual Viewing Areas of the Adult Oriented Business shall
be operated and maintained with no holes, openings or other means
of direct visual or physical access between the interior space of two
or more Individual Viewing Areas.
W. A traffic study has been prepared for the Adult Oriented Business in
conformance with industry standards. The applicant shall
demonstrate that the project will not result in a reduction in any
roadway level of service below that level of service designated on the
general plan for that roadway.
X. The Adult Oriented Business shall comply with the Noise Element of
the General Plan, Interior and Exterior Noise Standards and any
mitigation measures necessary to reduce the project's noise impacts
to the City's articulated noise standards.
Ordinance No. 267
Page 23
Y. The Adult Oriented Business shall comply with all building and
construction standards of the Uniform Building Code, Chapter 24
hereof, Title 24 of the California Code of Regulations, and all other
federal, state and City -adopted standards for the specific use.
Z. Whenever live entertainment is provided, patrons shall be physically
separated from. Performers by a buffer zone of at least six (6) feet.
"Live Entertainment," for the purposes of this requirement, shall
mean any existent display by a human being which is characterized
by an emphasis on Specified Anatomical Parts or Specified Sexual
Activities. This provision shall not apply to an Individual Viewing
Area where the stage is completely separated from the Individual
Viewing Area by a floor to ceiling permanent, solid barrier.
AA. No building, premises, structure, or other facility shall be permitted
to contain more than one type of Adult Oriented Business as such
types of Adult Oriented Business are defined in Section 5.80.020.
For the purposes of this section, the catch-all phrase "Adult Oriented
Business" shall not be considered a single type of Adult Oriented
Business.
BB. No Individual Viewing Area may be occupied by more than one (1)
person at any one time.
CC. No patron shall come into direct or indirect physical contact with any
performer.
DD. 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.
EE. 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.
FF. Amplified Sound. No loudspeakers or sound equipment shall be used
by an Adult Oriented Business for the amplification of sound to a
level discernible by the public beyond the wall of the building in
which such use is conducted.
GG. The building entrance to the adult use shall be clearly and legibly
Ordinance No. 267
Page 24
posted by a notice indicating that minors are precluded from entering
the premises. As used herein, "minor" means an individual less than
eighteen years of age.
HH. 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 or 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 herein, "exposes
to public view," means exposes to the view of the person outside the
building in which the commercial business is located.
II. The permit required by this chapter shall be displayed in a prominent
area.
The City Director of Community
Development shall deny the requested permit
if the above findings have not been made.
Sec. 5.80.070 Permit Duration.
An Adult Oriented Business Permit shall be valid for
a period of one (1) year from the date of issuance.
Sec. 5.80.080 Permit Renewal.
An Adult Oriented Business Permit shall be renewed on a year to year
basis provided that the permittee and the Adult Oriented business continues to meet
the requirements set forth on this Chapter. A request for Permit renewal must be
accompanied by a completed Adult Oriented Business Permit application as required
in Section 5.80.050. If said application conforms to the previously approved
application and the Adult Oriented Business has not changed, the permit shall be
renewed by the Director of Community Development for another year. Any change
or alteration in that nature or operation of the Adult Oriented Business will require
the renewal to be reviewed by the Director of Community Development.
Sec. 5.80.090 Permits Non -Transferable: Use Specific.
No Adult Oriented Business Permit may be sold, transferred, or
assigned by any permittee or by operation of law, to any other person, group,
partnership, corporation or any other entity. Any such sale, transfer, or assignment
or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary
Ordinance No. 267
Page 25
surrender of the Permit and the Permit shall be thereafter null and void. Any Adult
Oriented Business Permit held by a corporation or partnership is subject to the same
rules of transferability as contained above. Any change in the nature or composition
of the Adult Oriented Business from one element of an Adult Oriented Business to
another element of an Adult Oriented Business shall also render the Permit null and
void.. Any Adult Oriented Business Permit shall only be valid for the exact location
specified on the Permit.
Sec. 5.80.100 Enforcement and Revocation.
A. Ipgp.Ccti9DS.
The Permittee shall permit officers of the City of La Quinta, the
County of Riverside, and each of their authorized representatives to conduct
unscheduled inspections of the premises of the Adult Oriented Business for the
purpose of ensuring compliance with the law at any time the Adult Oriented Business
is open for business or occupied.
The Director of Community Development may revoke an Adult
Oriented Business Permit when he or she discovers that any of the following have
occurred:
(1) Any of the findings contained in Section 5.80.060 above
ceases to be satisfied;
(2) The application contains incorrect, false or misleading
information;
(3) The applicant is convicted of any felony or misdemeanor
which is classified as a sex or sex related offense, any
violation of the City's Zoning Ordinance, any violation of
the City's massage ordinance, or any violation of any
other adult business ordinance of any other city, county,
or state;
(4) Individual Viewing Areas are being operated with more
than one occupant at any one time, or are being
maintained with holes, openings or other means of direct
visual access between the interior space of two or more
Individual Viewing Areas. For the purpose of this
Ordinance No. 267
Page 26
section, "Individual Viewing Area" shall mean a viewing
area designed for single occupancy;
(5) Any person has been convicted of a sex related offense as
a result of his or her activity on the premises of the Adult
Oriented Business; or
(6) Any person or persons has engaged in any Specified
Sexual Activities on the premises.
Upon determining that the grounds for permit revocation exist, the
Director of Community Development shall furnish written notice of the proposed
revocation to the permittee. Such notice shall summarize the principal reasons for
the proposed revocation, shall state that the permittee may appeal the decision within
fifteen (15) calendar days of the posting or the post -marked date on the notice. The
notice shall be delivered both by posting the notice at the location of the Adult
Oriented Business and by sending the same, certified mail, return receipt requested
and postage per -paid, to the permittee as that name and address appears on the
permit. Not later than fifteen (15) calendar days after the latter of the mailing or
posting of the notice, the permittee may file an appeal of the Director of Community
Development's revocation determination with the City Clerk. If the appeal is within
fifteen (15) calendar days of the mailing or posting of the notice referenced above,
an appeal hearing shall be provided before the City Manager. The City Manager
shall hear evidence the permittee wishes to present as to why the Community
Development's Revocation Decision was in error. The City Manager's decision shall
be the City's final decision and shall not be appealable.
W - • • • O 4 t ' � ' • •
No person, corporation, partnership or member thereof or any other
entity may obtain an Adult Oriented Business Permit for a business once its Permit
has been revoked.
Sec. 5.80.110 Violation and Penalty.
(1) Every person, whether acting as an individual owner,
employee of the owner, permittee, or operator or employee of
the permittee, or whether acting as a mere helper for the
owner, permittee employer or operator, or whether acting as
a participant or worker in any way, who operates or conducts
Ordinance No. 267
Page 27
or who participates in the operation of any unpermitted Adult
Oriented Business, or who violates any provisions of this
Chapter shall be guilty of a misdemeanor and shall be fined
not more than One Thousand Dollars ($1,000.00) for each
offense or imprisoned for not more than six (6) months in the
county jail for each offense, or both. Each day the violation
continues shall be regarded as a separate offense for which the
full penalty may be imposed.
(2) Any establishment operated, conducted or maintained
contrary to the provision 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 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 have jurisdiction to grant
such relief as will abate or remove such Adult Oriented
Business and restrain and enjoin any person from operating,
conducting or maintaining such an establishment contrary to
the provisions of this Chapter.
Sec. 5.80.120 Sex Clubs Prohibited.
Sex Clubs, as defined in Section 5.80.020, are hereby prohibited.
Sec. 5.80.130 Expansion of Legal Non -Conforming Uses.
Notwithstanding any other provisions of this code, no Adult Oriented
Business legally operating prior to the effective date of this ordinance may be
expanded in any manner unless and until the entire Adult Oriented Business complies
in all respects with the provisions of this Chapter 5.80 and/or any other provisions
of the code pertaining to the operation of the business. For the purposes of this
section, the term "expansion" shall include any physical expansion of the facility in
which the Adult Oriented Business is located or operating and/or the introduction
and/or addition of any category of Adult Oriented Business not legally operating on
the property prior to the enactment of this ordinance as such separate categories of
Adult Oriented Business uses are contained in Section 5.80.020. For the purposes
of this section, the catchall phrase "Adult Oriented Business" shall not be considered
a single category of Adult Oriented Business.
Section 3: Should any section, subsection, clause, or provision of this
Ordinance No. 267
Page 28
Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining
portions of this Ordinance; it being hereby expressly declared that this Ordinance,
and each section, subsection, sentence, clause and phrase hereof would have been
prepared, proposed, approved and ratified irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 4: Chapter 9.154 of the zoning ordinance of the City of La Quinta
is revoked in its entirety and a new Chapter 9.154 is enacted as follows:
Chapter 9.154 ADULT ENTERTAINMENT OVERLAY ZONE
9.154.010 Purpose.
A. The City Council finds that Adult Oriented 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 Oriented Businesses as defined in Section 5.80.020, to
maintain the integrity of residential neighborhoods, to protect minors from the
secondary effects of Adult Oriented Businesses, to protect retail trade occurring
adjacent to Adult Oriented Businesses, to maintain property values within the city,
and to protect and preserve the quality of life within the city.
B. 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 Oriented Businesses.
C. The City Council finds that this chapter allows the
establishment of adult oriented businesses at a reasonable number of locations within
the city.
D. The City Council finds that the establishment of an Adult
Entertainment Overlay Zone best provides the means to adequately regulate Adult
Oriented Business uses in the overall land use plan of the city.
9.154.020 Permit Required.
Prior to establishment or transfer of an Adult Oriented
Business all provisions of Chapter 5.80 of the Municipal Code shall be met
Ordinance No. 267
Page 29
including obtaining the required permit.
9.154.030 Delineation of AE Zone Boundaries.
A. Areas of the city hereby designated as being within the
adult entertainment (AE) overlay zone are those parcels located in whole or in part
within six hundred feet from the centerline of State Highway 111.
B. 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.
Section 5: This Ordinance is an urgency ordinance pursuant to
Government Code Section 65858 and shall take effect immediately upon its adoption
and shall be of no further force and effect forty-five (45) days from the date of this
adoption unless extended pursuant to Government Code Section 65858. The City
Council declares that there is a current and immediately threat to the public health,
safety or welfare and the establishment of Adult Oriented Businesses in the absence
of appropriate regulations to reduce, to the greatest extent possible, the secondary
effects associated with Adult Oriented Businesses constitutes that threat to the public
health, safety or welfare as referenced in the recitals above.
PASSED, APPROVED, AND ADOPTED this 20th day of June,1995 by the
following vote:
AYES: Council Mmbers Bangerter, Cathcart, Perkins, Sniff, Mayor Pena
NOES: None
ABSTAIN: None
ABSENT: None
-0 _(� a U--,)
JOHN J. NA, NUy4r
City of La Quinta, California
Ordinance No. 267
Page 30
A
$AUNDRA L. JUMOLA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
- 4 &yg,4 AP-9-e
DAWN C. H-()NFYWPI,f,, City Attorney
City of La Quinta, Califiornia
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF LA QUINTA )
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify
the foregoing to be a full, true and correct copy of Ordinance No. 267 which was introduced
and adopted at a regular meeting held on the 20th day of June as an urgency measure.
I rther certify that the foregoing ordinance was posted in three (3) places within the City of
uinta as specified in a resolution of the City Council.
AUNDRA . J LA, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, SkUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify
th4 th foregoing Ordinance was posted on June 26, 1995 pursuant to City Council Resolution.
NDRA L.- JUHOLA, City Clerk
of La Quinta, California