ORD 526ORDINANCE NO.526
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, AMENDING SEVERAL CHAPTERS OF
TITLE 5 AND DELETING CHAPTERS 5.16, 5.28, 5.44, 5.52,
AND 11.60 OF THE MUNICIPAL CODE
WHEREAS, Title 5 of the Municipal Code contains the chapters that address
business regulations, and;
WHEREAS, a comprehensive review of Title 5 was undertaken to examine each
chapter for accuracy, relevance, streamlining, straight -forward language, and
compliance with State law, and;
WHEREAS, amendments to several chapters of Title 5 are needed as a result of
the comprehensive review to update the Municipal Code,
NOW THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
SECTION 1. CHAPTER 5.08 CABARETS shall be retitled and amended as written in
Exhibit A attached hereto.
SECTION 2. CHAPTER 5.12 DANCES shall be amended as written in Exhibit A
attached hereto.
SECTION 3. CHAPTER 5.16 DRUG PARAPHERNALIA DISPLAY shall be deleted.
SECTION 4. CHAPTER 5.20 HANDBILLS shall be amended as written in Exhibit A
attached hereto.
SECTION 5. CHAPTER 5.24 HOTEL REGISTRATION shall be retitled and amended as
written in Exhibit A attached hereto.
SECTION 6. CHAPTER 5.28 ICE VENDING MACHINES shall be deleted.
SECTION 7. CHAPTER 5.32 MASSAGE, THERAPY BUSINESSES shall be amended as
written in Exhibit A attached hereto.
SECTION 8. CHAPTER 5.38 PARKING ATTENDANTS shall be amended as written in
Exhibit A attached hereto.
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Page 2
SECTION 9. CHAPTER 5.40 PASSENGER CARRIERS shall be amended as written in
Exhibit A attached hereto.
SECTION 10. CHAPTER 5.44 SECONDHAND DEALERS, PAWNBROKERS, AND LOAN
BROKERS 2.55 OFFICIAL HOLIDAYS shall be deleted.
SECTION 11. CHAPTER 5.48 PEDDLERS — SOLICITORS shall be amended as written in
Exhibit A attached hereto.
SECTION 12. CHAPTER 5.52 PRIVATE PATROLS shall be deleted.
SECTION 13. CHAPTER 5.60 SALES shall be renamed and amended as written in
Exhibit A attached hereto.
SECTION 14. CHAPTER 5.72 MISCELLANEOUS BUSINESSES REGULATED shall be
amended as written in Exhibit A attached hereto.
SECTION 15. CHAPTER 5.80 SEXUALLY ORIENTED BUSINESSES shall be amended as
written in Exhibit A attached hereto.
SECTION 16. CHAPTER 11.60 OCCUPANCY OF HOTEL ROOMS BY MINORS shall be
deleted.
SECTION 17. SEVERABILITY. The City Council declares that, should any provision,
section, paragraph, sentence or word of this ordinance be rendered or declared invalid
by any final court action in a court of competent jurisdiction or by reason of any
preemptive_ legislation, the remaining provisions, sections, paragraphs, sentences or
words of this ordinance as hereby adopted shall remain in full force and effect.
SECTION 18. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty
days after its adoption.
SECTION 19. POSTING. The City Clerk shall, within 15 days after passage of this
Ordinance, cause it -to be posted in at least three public places designated by
resolution of the City Council, shall certify to the adoption and posting of this
Ordinance, and shall cause this Ordinance and its certification, together with proof of
posting to be entered into the Book of Ordinances of the City of La Quinta.
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PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City
Council held this 21st day of July 2015 by the following vote:
AYES: Council Members Franklin, Osborne, Pena, Radi, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
SUSAN MAYSELS, City Cl k
City of La Quinta, California
(CITY SEAL)
APPROVED AS --TO FORM:
— f7
v -- r v « 6&47
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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EXHIBIT A
Chapter 5.08 ENTERTAINMENTS COMBINED WITH THE
CONSUMPTION OF ALCOHOLIC BEVERAGES
5.08.010 Entertainments defined.
As used in this chapter, "entertainments" means every act, play, burlesque show,
revue, pantomime scene, song and dance act, song rendition, music rendition, or
other entertainment participated in by one or more persons which is performed,
exhibited, shown or produced in any place within the city where alcoholic beverages
as defined by the State Alcoholic Beverage Control Act are being sold or offered for
sale for consumption on the premises.
5.08.020 Soliciting of drinks or trade.
No person owning, operating, managing or otherwise controlling any place as defined
in Section 5.08.010 shall conduct; sponsor or allow any entertainment at any time
when the practice of employees soliciting or accepting drinks of alcoholic beverages
from patrons is permitted.
No person shall engage in personally soliciting trade on any public street or sidewalk
at or near the entrance of a place with entertainment, nor shall any person owning,
operating, managing or otherwise controlling any place as defined in Section 5.08.010,
conduct, sponsor or allow any entertainment when the practice of soliciting business
is engaged in or permitted.
5.08.030 Entertainment not to be visible or audible from street.
No person owning, operating, managing or otherwise controlling any place as defined
in Section 5.08.010, shall suffer or permit any entertainment to be conducted which is
visible or plainly audible from any public street or sidewalk, except for such temporary
periods not exceeding one minute when patrons are entering or exiting through a
doorway.
Chapter 5.12 DANCES
5.12.010 Definitions.
In this chapter, unless another meaning is clearly apparent from the context:
A. "Club dance" means any dance held by a dancing club.
B. "Dancing club" means any club or association of persons which conducts dances
(other than public dances for its members or bona fide guests) more often than once
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per month at which a fee is charged, either for admission to the dance or for dancing
therein, or at which any collection or donation of money is made or received, or in
which the amount of dues to be paid by each member is dependent upon attendance
at such dances by such members.
C. "Public dance" means a gathering of persons in or upon any premises where
dancing is participated in, either as the main purpose for the gathering or as an
incident to some other purpose, and to which premises the public is admitted.
D. "Public dance hall" means a place where dancing is conducted, whether for profit or
not for profit, and to which the public is admitted, either with or without charge or at
which the public is allowed to participate in the dancing, either with or without charge.
5.12.020 Hours.
No person shall conduct, manage, carry on, allow or participate in dancing at any
dancing club, public dance or public dance hall between the hours of two a.m. and
eight a.m.
5.12.030 Permit required..
No person, whether as principal, agent, employee or otherwise, shall conduct,
manage, carry on; or participate in any dancing club, dancing school, studio, public
dance or public dance hall unless by authority of a permit from the city manager.
5.12.040 Operation during suspension or revocation.
It is unlawful to conduct or manage or carry on any dancing club, public dance, or
public dance club or hall in the city under any permit issued under this chapter while
the permit is in a state of suspension or while any suspension or revocation with
respect to the permit continues to exist; and it is unlawful for any person to participate
in any such dance.
5.12.060 Effect of permit.
The issuance of any permit or temporary permit shall not be deemed to permit any
violation of law or ordinance or rule prescribed pursuant to Sections 5.12.250 and
5.12.260.
5.12.070 Posting of permit. The permit shall be conspicuously posted upon the
premises referred to therein, during the term thereof.
5.12.080 Requisites to issuance of permit —Factors considered.
No permit or temporary permit shall be issued under this chapter unless and until it
appears and is determined by the city manager, in his/her discretion, that the conduct
of the dance hall, dancing club, or public dance will comport with and not prejudice or
work to the disadvantage or injury or harm of the public peace, safety, morals, health
or welfare, and that the applicant will, for the term of the permit, have in force and
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effect adequate insurance to protect the public and the city with regard to reasonably
foreseeable accidents and other liability, and the city manager and other city
departments, in acting. upon any such application, shall consider any and all facts and
evidence pertinent, relevant or material with respect thereto and require such
conditions to permit issuance as the city manager deems necessary including making
the permit conditional upon the attendance of a special police or fire officer or
officers, appointed under Section 5.12.270 through 5.12.290.
5.12.100 Permit —Issuance.
Permits to conduct dancing clubs, dancing schools, studios, public dances or public
dance halls may be issued or renewed by the city manager upon the written
application of any person for himself or on behalf of any other person, and payment of
the required charges.
5.12.110 Permit —Expiration date.
Every such permit shall expire on September 30th following the date of issuance.
5.12.120 Filing of application —Fee.
Every such application shall be filed with the city manager, and at the time of filing the
applicant shall submit a payment. in such amount as has been prescribed by resolution
of the city council, to defray the...expense of investigation and processing.
5.12.130 Exemption from fee for casual dances..,
There shall be no charge or fee for investigation where dances are proposed to be held
by charitable, memorial, fraternal or labor associations, student bodies of schools or
the proposed dances are in connection with patriotic or holiday celebrations or
festivals, where such dances are casual and for one such occasion only and are not
conducted more often than once per month.
5.12.140 Application —Presentation —Contents.
Every such written application for a permit shall be presented to the city manager and
shall set forth the following facts:
A. Applicant. The name and residence of the applicant or applicants, and if any
applicants are a firm, association, corporation or club, the names and residences of
the partners, officers, directors, managers and of all employees who will be in charge
of the dancing club, public dance, or public dance hall;
B. Location. The place for which the permit is desired or in which any dance or dances
are proposed to be held;
C. Time of Dances. The number and dates of the dances proposed to be held;
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D. Police. Whether a special police officer pursuant to Sections 5.12.270 through
5.12.290 is desired for the dance or dances, and will be present at times dancing is
conducted, carried on or -allowed.
5.12.150 Reference.
Upon filing of each application, it shall be referred by the city manager to departments
designated by the city manager for investigation and:report.
5.12.160 Investigation.
The departments so designated shall make a thorough investigation as required for
the protection of the public peace, health, safety and general welfare, and may
require the submission of additional information by the applicant as is necessary to
the investigation.
5.12.170 Recommendation.
Thereafter, and within five business days from referral of the application, each
department designated shall report its findings and conclusions and make
recommendations concerning the application.
5.12.180 Consideration, decision by city manager — Time period, temporary permit.
After receiving the reports as provided for in Section 5.12.170, the city manager may
make such further investigations as he deems proper or advisable in the interest of
the public peace, health, safety and general welfare, and within thirty days from the
filing of the application shall either approve, conditionally approve or deny the
application according to the requirements of the public peace, health, safety or
general welfare. Should the city manager fail to act within said time, the application
shall be deemed denied. At any time after the application is filed, however, and
pending complete processing thereof, the city manager may issue a temporary permit
upon stated terms and conditions, including a fixed expiration date or indefinite
period subject to termination on notice, so long as the city manager tentatively
determines that the temporary permit for the activity desired to be held will comport
with and not prejudice nor work to the disadvantage or injury of the public peace,
safety, morals, health or welfare.
5.12.190 Suspension of permit —Requirement of police officer.
The city manager may at any time temporarily suspend any permit issued under this
chapter, or may require the attendance of a special police officer during all or certain
times dancing is conducted, carried on or allowed, as a condition to the continued
exercise of the permit, when s/he finds and determines that the public peace, safety,
morals, health or welfare require or will be promoted or best served by such
suspension or special police officer attendance.
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5.12.200 Service of notices and orders.
The service of any noticesor orders pursuant to this chapter shall be served in
accordance with Section 1.01.300.of this code.
5.12.210 Right to be heard.
The holder of any permit, suspended permit or revoked permit shall be afforded an
opportunity to be heard and to present evidence on his/her behalf at an appeal
hearing before the city manager held in accordance with sections 2.08.180 through
2.08.230 of this code.
5.12.220 Action by city manager upon hearing.
Upon hearing held by the city manager, and adjournments and continuances thereof
upon the notice, the city manager may revoke, suspend, further suspend or apply
conditions to the further exercise of any permit issued under this. chapter because of
anything done or omitted by the permittee, his/her agents or employees or the
patrons of his/her establishment upon the premises involved contrary to the
provisions of any applicable state law, or of this chapter or any ordinance of the city,
or of the rules prescribed by the city manager pursuant to sections 5.12.230 .and
5.12.240, or when the. public peace, safety, morals, health or welfare require or will be
promoted or best served by any such action.
5.12.230 Power to make rules and regulations.
The city manager may make rules and regulations governing dancing clubs, public
dances, or public dance halls within this city which shall govern and apply to all
permittees under this chapter.
5.12.270 Special police officers —Requested by applicant.
Any person conducting, managing, or carrying on any dancing club, public dance or
public dance hall shall have the right to apply to the city manager for appointment of
a special police officer or officers of the city to be present and in attendance at the
dancing club, public dance or public dance hall during all times that dancing is
conducted, carried on or allowed therein, for the purpose of preserving order and
preventing any violation of any law of the'state, or any ordinance of the city, or any
rule prescribed under Sections 5.12.230 and 5.12.240.
5.12.280 Special police and fire officers required by city.
The city manager may require the presence and attendance of a special police officer
or officers, or also a special fire officer or officers in accordance with the provisions of
the Uniform Fire Code relating to standby firemen at places of public assembly, any of
which requirements may be prescribed as a condition or conditions to the exercise of
any permit, long term or temporary, as provided for in this chapter. In such event, the
permit shall be effective only during the attendance of the police and/or fire officer or
officers.
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5.12.290 Cost of policing.
A. Fees. The expense of any such special officer or officers so appointed for such
attendance shall be paid by the person so conducting, managing, or carrying on any
dancing club, public dance, or public dance hall in accordance with such schedule of
fees for such services as may be found to be reasonable and established by the chief
of police or the fire chief, as the case may be.
B. Payment shall be made to the County Sheriffs Department and/or County Fire
Department for the expense of the special officer(s) in the manner and on the dates
prescribed by those County departments.
5.12.300 Appeals.
Any person aggrieved by any decision of the city manager with respect to denial or
issuance of any permit, conditions attached thereto, or any other administrative
action taken pursuant to the terms of this chapter, may appeal to the city council
pursuant to Sections 2.04.100 through 2.04.130 of this code.
Chapter 5.20 HANDBILLS
5.20.010 Purpose.
To protect the people from the nuisance of, and incident to, the promiscuous
distribution of handbills and circulars, particularly commercial handbills, as defined in
this chapter, with the resulting detriment and danger to public health and safety, the
public interest, convenience and necessity requires the regulation thereof, and to that
end the purposes of this chapter are specifically declared to be as follows:
A. To protect the people against the unlawful activities or operations of dissolute
persons of criminal habits or tendencies, representing themselves as solicitors,
canvassers, or handbill solicitors, canvassers, or handbill distributors, together with
their employers, by regulating the business of handbill and advertising distribution;
B. To protect local residents against trespassing by solicitors, canvassers, or handbill
distributors, upon private property of such residents if they have given reasonable
notice, as defined in Section 5.20.080 that they do not wish to be solicited by such
persons, or do not desire to receive handbills or advertising matter; .
C. To protect the people against the health and safety menace and the expense
incident to the littering of the streets and public places by the promiscuous and
uncontrolled distribution of advertising matter and commercial handbills;
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D. To preserve to the people their constitutional right to receive and disseminate
information not restricted under the ordinary rules of decency and good morals and
public order, by distinguishing between the nuisance created by the promiscuous
distribution of advertising and commercial circulars and the right to deliver
noncommercial handbills to all who are willing to receive them, said right being
limited solely by the needs of pedestrian and traffic safety.
5.20.020 Definitions.
The following words, terms and phrases when used in this chapter have the meaning
ascribed to them in this section except where the context clearly indicates a different
meaning:
A. "Commercial handbill" means and includes any -printed or written matter, any
sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, sign, bill, poster,
picture, lithograph, map, plat or any other printed or otherwise reproduced original or
copies of any matter or literature:
1. Which advertises for sale any merchandise, product, commodity, thing or
service; or
2. Which directs attention to -any business or- mercantile. or commercial
establishment, or other activity, for the purpose of either directly or indirectly
promoting the interests thereof by sales; or
3. Which directs attention to or advertises any meeting, theatrical performance,
exhibition, or event of any kind, for which an admission fee is charged for the purpose
of private gain or profit; but the terms of this subdivision shall not apply where an
admission fee is charged or a collection is taken up for the purpose of defraying the
expenses incident to the meeting, theatrical performance, exhibition or event of any
kind, when either of them is held, given or takes place in connection with the
dissemination of information which is not restricted under the ordinary rules of
decency, good morals, public peace, safety and good order; provided, that nothing
contained in this subdivision shall be deemed to authorize the holding, giving or taking
place of any meeting, theatrical performance, exhibition, or event of any kind, without
a license where the license is or may be required by any law of this state, or under any
ordinance of this city; or
4. Which, while containing reading matter other than advertising matter, is
predominantly and essentially an advertisement, and is distributed or circulated for
advertising purposes, or for the private benefit and gain of any person so engaged as
advertiser or distributor.
B. "Handbill distributor" means and includes any person engaging or engaged in the
business for hire or gain of distributing commercial or noncommercial handbills, other
than newspapers distributed to subscribers thereof, and any person "receiving
compensation directly or indirectly for the distribution of such handbills.
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C. "Newspaper" means and includes any newspaper of general circulation as defined
by general law, any newspaper duly entered with the Post Office of the United States,
in accordance with federal statute or regulation, and any newspaper filed and
recorded. with any recording officer as provided by general law; and, in addition
thereto, means and includes any periodical or current magazine regularly published
with not less than four issues per year, and sold to the public.
D. "Noncommercial handbill" means and includes any printed or written matter, any
sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper,
booklet, sign, bill, poster, picture, lithograph, map, plat or any other printed or
otherwise reproduced original or copies of any matter or literature not included in the
definition of a sign, or a commercial handbill, or a newspaper.
E. "Person" means and includes any person, firm, partnership, association,
corporation, company, or organization of any kind.
F. "Private premises" means and includes any dwelling, house, building, or other
structure, designed or used either wholly or in part for private residential purposes,
whether inhabited or temporarily or continuously uninhabited or vacant, and includes
any yard, grounds, walk, driveway, porch, steps, vestibule, building or other structure.
G. "Public place" means and includes any and all streets, boulevards, avenues, lanes,
alleys, walkways, bikeways or other public ways, and any and all public parking
facilities, public parks, public golf courses, squares, spaces, plazas, grounds and
buildings.
5.20.030 Posting notice, placard or bill prohibited in certain cases.
No person shall post, stick, stamp, paint or otherwise fix, or cause the same to be done
by any person, any notice, placard, bill, card, poster advertisement or other paper or
device calculated to attract the attention of the public, to or upon any sidewalk,
crosswalk, curb or curbstone, flagstone or any other portion or part of any public way
or public place, or any lamppost, electric light, telegraph, telephone or trolley line pole,
or railway structure, hydrant, tree or tree -box, or upon the piers, columns, trusses,
girders, railings, gates or other parts of any public bridge or viaduct or other public
structure or building, or upon any pole, box, or fixture of the fire alarm or police
telegraph system, except such as may be authorized or required by the laws of the
United States, or the state and the ordinances of the city.
5.20.040 Throwing, broadcasting or distributing handbills in public places
prohibited.
It is unlawful for any person to deposit, place, throw, scatter or cast any commercial
or noncommercial handbill in or upon any public place within this city; and it is also
unlawful for any person to hand out or distribute or sell any commercial handbill in
any public place; provided however, that it is not.unlawful for any person to hand out
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or distribute, without charge to the receiver thereof, any noncommercial handbill in
any public place to any person willing to accept the noncommercial handbill as
provided in this chapter.
5.20.050 Placing commercial handbills in or on vehicles prohibited.
No person shall distribute, deposit, place, throw, scatter or cast any commercial
handbill in or upon any automobile or other vehicle.
5.20.060 Distribution on uninhabited or vacant private premises prohibited.
It is unlawful for any person to distribute, deposit, place, throw, scatter, or cast any
commercial or noncommercial handbill in or upon any private premises which are
temporarily or continuously uninhabited or vacant.
5.20.070 Distribution prohibited where properly posted.
It is unlawful for any person to distribute, deposit, place, throw, scatter or cast any
commercial or noncommercial handbill upon any inhabited private premises, if
requested by anyone thereon not to do so, or if there is placed on the premises in a
conspicuous position near the entrance thereof, a sign bearing the words "NO
TRESPASSING," "NO PEDDLERS OR AGENTS," "NO ADVERTISEMENT" or similar notice
indicating in any manner that the occupants of the premises do not desire to be
molested or have their right of privacy disturbed, or to have any such handbills left
upon the premises.
5.20.080 Distribution on inhabited private premises —Not posted.
In the case of inhabited private premises which are not posted as provided in this
chapter, a person holding a valid city business license, unless requested by anyone
upon the premises not to do so, may place or deposit any such handbill in or upon the
inhabited private premises, if the handbill is so. placed or deposited as to secure or
prevent the handbill from being blown or drifted about the premises or elsewhere
except that mailboxes may not be used.
5.20.090 Distributors' compliance; Advertising from own premises.
It is unlawful for any person to engage in the business of handbill distributor for hire,
or for any person to distribute commercial or noncommercial handbills, without first
complying with the terms of this chapter and all other relevant laws and regulations;
provided, that nothing contained in this chapter shall apply to any person advertising
his/her business or activity upon his/her own premises, if the business or activity is
regularly established at a definite location in the city, and also if a valid business
license has been obtained therefor, if the business license is required under the terms
of any applicable law or ordinance.
5.20.100 Business license required.
A city business license shall be obtained by every person in accordance with chapter
3.28 of this code before any person may become a handbill distributor.
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5.20.110 Exemption.
The provisions of this chapter shall not be deemed to apply to the distribution of mail
by the United States, nor to newspapers as defined in this chapter, except that no
common carrier shall deliver newspapers in the city by leaving the same at any
stopping place or in any street corner or elsewhere in the city unless such papers are
bound, tied or fastened together in such a way or manner as will prevent the same
from blowing and becoming scattered, nor may such papers remain at any stopping
place anywhere in the city later than 9:00 a.m. daily.
5.20.120 Violation — Penalty.
Any person violating any provision of this chapter is guilty of an infraction.
Chapter 5.24 HOTEL REGISTRATION AND OCCUPANCY
5.24.005 Definitions.
The following definitions" are applicable to this chapter:
A. "Adult" means any competent person over eighteen years of age.
B. "Hotel" means lodginghouse, roominghouse, recreation vehicle park, hotel or
motel or apartment house.
C. "Minor child" means any person less than eighteen years of age.
D. "Occupancy" or "occupation includes but is not limited to any type of rental, lease,
sublease or letting of hotel rooms for compensation or otherwise.
E. "Parent" means the natural or adopted parent or relative eighteen years or more
of age, or the legal guardian.
F. "Room" means and includes any rental, hotel room, apartment, or any type of
hotel accommodation.
5.24.010 Registration required.
Every owner, keeper or proprietor of any lodginghouse, roominghouse, recreation
vehicle park, hotel or motel shall keep a register wherein s/he shall require all adult
guests, roomers or lodgers to inscribe their names and addresses upon their procuring
lodging or a room or accommodations. Before furnishing any lodging for hire to any
person, the proprietor, keeper, manager or owner thereof shall compare each name
inscribed against a valid government -issued identification document as verification of
accurate identity inscribed in register and shall set opposite the each name the
correct date and time when so inscribed, and the room or space occupied, or to be
occupied by the lodger, roomer or guest. At the time of departure of each guest, every
owner, keeper or proprietor shall endorse upon such register the date of such
departure and no person shall erase, alter, delete or remove any information written
in such register.
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5.24.020 Form of register; retention of register.
The register required in Section 5.24.010 shall be kept in either a substantially bound
book, compilation of registration cards, or electronic format; and which register shall
be preserved for a, minimum period of three years after the date of its most recent
entry.
5.24.030 Access to register.
The register shall at all times be open to inspection by the chief of police, any regular
police officer of this city, code enforcement officer, and city audit staff members. If an
owner, keeper or proprietor of a hotel objects to an inspection of the register required
by this chapter, an opportunity for pre -compliance review shall be granted unless an
administrative or judicial warrant or subpoena has been issued, or an exigent
circumstance or other exception to obtaining a warrant or subpoena applies. For
purposes of this chapter, "pre -compliance review" means any administrative or
judicial process available for review by a neutral decision -maker, including by a
neutral hearing officer pursuant to Chapter 1.09. The register shall be subject to
temporary impoundment if a police officer or city audit staff member reasonably
suspects that a hotel operator, may tamper with the registry pending a decision for the
pre -compliance review.
5.24.040 Duty to register.
Every person engaging or to whom there is.furnished any room or accommodations at
a lodginghouse, roominghouse recreation vehicle park, hotel or motel shall first sign
the register and give the information as provided in the preceding sections.
5.24.050 False name or address.
No person referred to in Section 5.24.030 shall write or allow to be written any other
than his/her true name and address upon the registration; nor shall any person write
thereon other than the true name and address of any other guest upon the
registration.
5.24.060 Hotel owner responsibility.
No hotel owner, operator or employee shall permitthe occupancy of any room by any
minor child, unless the minor child is accompanied by his/her parent, legal guardian or
a responsible adult authorized in writing by a parent or legal guardian of the minor
child.
5.24.070 Duty of. parent or adult.
No adult or parent registering with a minor child, as provided in Section 5.24.050,
shall, except in the case of sickness, death, or act of God, fail to remain registered for a
period equal to the longest period of occupation by the minor child.
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ChnF er 5.28 ICE \ ENDIA1r MACHINE _ delete
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Chapter 5.32 MASSAGE, THERAPY BUSINESSES
5.32.010 Definitions.
A. "Applicant" means the individual seeking a permit pursuant to this chapter.
B. "Certified copy" means a copy of a document that is certified by the issuer as
being a true and accurate copy of the original document or a similar document
bearing an original signature of the issuer.
C. "Certified massage practitioner" means a person who is certified by the
Massage Therapy Council, under California Business and Professions Code § 4604.2
and who administers massage.
D. "Certified massage therapist" means a person who is certified by the Massage
Therapy Council, under California Business and Professions Code § 4604 and who
administers massage.
E. "Certified statement" means a written assertion, claim or declaration bearing
the original signature of the issuer.
F. "Communicable disease" shall mean tuberculosis, or any disease which may be
transmitted from a massage therapist to a patron through normal physical contact
during the performance of any massage service.
G. "Complete application" shall mean an application, which provides all of the
requisite information required to be provided by an applicant pursuant to this chapter.
H. "Disqualifying conduct" means any of the following when occurring within five
years of any application made pursuant to this chapter:
1. Pandering as set forth in California Penal Code Section 266i;
2. Keeping or residing in a house of ill -fame as set forth in California Penal
Code Section 315;
3. Keeping a house for the purpose of assignation or prostitution, or other
disorderly house as set forth in California Penal Code Section 316;
4. Prevailing upon a person to visit a place of illegal gambling or
prostitution as set forth in California Penal Code Section 318;
5. Lewd conduct as set forth in California Penal Code Section 647,
subdivision (a);
6. Prostitution activities as set forth in California Penal Code Section 647,
subdivision (b);
7. Any offense committed in any other state which, if committed or
attempted in this state, would have been punishable as one or more of the
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offenses set forth in. California Penal Code Sections 266(1), 315, 316, 318, or
647, subdivisions (a) or (b);
8. Any felony offense involving the sale - of any controlled substance
specified in California"Health and Safety Code Sections 11054, 11055, 11056,
11057, or 11058;
9. Any offense committed in any. other state which, if committed or
attempted in this state, would have been punishable as a felony offense
involving the sale of any controlled substance specified in California Health
and Safety Code Sections 11054, 11055, 11056,11057, or 11058;
10. Any misdemeanor or felony offense which relates directly to the practice
of massage therapy, whether as a massage therapy business owner or
operator, or as a massage therapist; or
11. Any felony the commission of which occurred on the premises of a
massage therapy establishment.
I. "Filing date of application" means the date on which the permit administrator
determines that a complete application pursuant to this chapter has been submitted
to the permit administrator by the applicant.
J. "Full nudity" or "semi -nudity" means any of the following: (a) the appearance or
display of an anus, male or female genital, pubic region, or a female breast below a
point immediately above the top of the areola, and/or (b) a state of undress which less
than completely and opaquely covers an anus, male or female genital, pubic region or
a female breast below a point immediately above the top of the areola.
K. "Manager" means the individual(s) who are responsible for the management
and/or supervision of a massage therapy business.
L. "Massage" or "massage therapy" means any method of pressure on, or friction
against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the
external parts of the human body with the hands or with the aid of any mechanical or
electrical apparatus or appliances, with or without supplementary aids such as
creams, ointments, or other similar preparations commonly used in the. practice of
massage, under such circumstances that it is reasonably expected that the person to
whom the treatment is provided or. some third person on his or her behalf will pay
money or give any other consideration or any gratuity therefor. "Massage" and
"massage therapy" shall include such manipulation of the body or similar procedures
described in this paragraph that are performed in hydrotherapy, spa or similar bath
facilities.
M. "Massage certificate" means a valid certificate issued by the Massage Therapy
Council pursuant to California Business and Professions Code § 4600 et seq.
N. "Massage therapy establishment" means any business that derives income or
compensation from massage therapy services, whether or not massage is performed
on the premises of a fixed business site.
0. "Massage therapist" means an individual who, for any consideration
whatsoever, performs or offers to perform a massage.
P. "Massage Therapy Council" means the organization created pursuant to
Chapter 10.5 of Division 2 of the California Business and Professions Code (Business
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and Professions Code § 4600 et seq.) to provide State certification of massage
practitioners and massage therapists.
Q. "Operator" means any of the following: (a) the owner, (b) the permit holder and
applicant(s) therefor, (c) custodian, (d) manager, or (e) person in charge of any
massage therapy establishment.
R. "Off -premises massage" means a massage performed at a location that is not
a massage therapy establishment for which a permit to operate as a massage therapy
establishment has been granted by the city.
S. "Patron" means any person who receives a massage in exchange for any form
of consideration including, but not limited to, the payment of money.
T. "Permit" means a written permit to operate a massage therapy establishment.
A "reciprocal permit" means a permit issued by this jurisdiction based on the fact that
the applicant holds a valid massage therapy establishment permit issued by another
jurisdiction in the Coachella Valley. An "original permit" means a massage therapy
establishment permit issued by the City without regard to whether the applicant holds
a massage therapy establishment permit issued by another jurisdiction.
U. "Permit administrator" means the city manager or his designee, who will be
responsible for issuing and revoking permits, and otherwise administering any
provision of this chapter.
V. "Permittee" means the person to whom a permit has been issued pursuant to
this chapter.
W. "Person" means any of the following: (a) an individual, (b) a proprietorship, (c) a
partnership, (d) a corporation, (e). an_ association, (f) a limited liability company or (g)
any other legal entity.
X. "Physicians certificate" means a certified statement from a physician licensed
to practice medicine in the United States that provides that the applicant has, within
sixty days prior to the filing date of the application, been examined by said physician
and it has been determined that the applicant is free of any communicable disease as
defined in this chapter.
Y. "Specified anatomical area" means human genitals, pubic region, anus, or a
female breast below a point immediately above the top of the areola.
Z. "Specified sexual activities" means any of the following: (a) the fondling or
other erotic touching of human genitals, pubic region, anus, or female breasts, (b) sex
acts, normal or perverted, actual or simulated, including, but not limited to,
intercourse, oral copulation, masturbation, or sodomy, or (c) excretory functions as
part of or in connection with the fondling or other erotic touching of human genitals,
pubic region, buttocks, anus, or female breasts, sex acts, normal or perverted, actual
or simulated, including inter -course, oral copulation, masturbation, or sodomy.
5.32.020 Massage therapy establishment permits and massage certifications
required.
A. Massage Establishment Permit. No person shall operate, engage in, conduct or
carry on, or to permit to be engaged in, conducted or carried on, the operation of a
massage establishment unless: (1) all persons providing massage in connection with
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the establishment are certified massage practitioners and/or certified massage
therapists; and (2) the massage establishment operator has obtained a massage
establishment permit from the City pursuant to the provisions of this Chapter, as well
as any other permits, licenses and other approvals required by law.
B. Massage Therapist Certification. Only a person holding a current massage
certificate issued by the Massage Therapy Council shall perform or offer to perform
massage therapy in the city. Nothing herein shall exempt a person from zoning or
other applicable requirements set out elsewhere in this code or in the zoning
ordinance, and every person shall comply with all such requirements.
C. Off -premises Endorsement. Except as expressly provided in this chapter, no
person shall perform or offer to perform an off -premises massage unless he or she
has a valid massage therapist off -premises endorsement, issued to him or her
pursuant to the provisions of this chapter. Nothing herein shall exempt a person from
zoning or other applicable requirements set out elsewhere in this code or in the zoning
ordinance, and every person shall comply with all such requirements.
D. The permit requirements of this chapter shall be in addition to the requirement
of a business license set out elsewhere in this code, as well as any other license,
permit or fee required by any local, county, state or federal law.:
5.32.030 Consent.
By applying for a permit under this chapter, the applicant shall be deemed to have
consented to the provisions of this chapter and to the exercise thereunder by the
permit administrator and the city's officials,., representatives and employees charged
with implementing and/or enforcing the provisions set forth in this chapter.
5.32.040 Permit administrator's responsibilities.
The city shall designate a permit administrator who shall be responsible for granting
or denying all permits described in this chapter and said permits shall only be granted
or denied pursuant to the provisions described herein and all other applicable laws. If
no designation is made pursuant to this provision, the city manager shall be deemed
the permit administrator.
Where used herein with respect to the permit administrator's responsibilities, words
such as "shall" and "must" are not intended by the city to self -impose liability and are
instead intended only to be directory.
5.32.050 Reciprocal massage therapy establishment permit allocation.
A. If an applicant holds a current massage therapy establishment permit issued
by any other jurisdiction in ,the Coachella Valley, then application for a reciprocal
massage therapy establishment permit may be made by submission, to the permit
administrator, of all of the following:
1. A certified copy of a current massage therapy establishment permit
issued by any other jurisdiction in the Coachella Valley;
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2. A certified copy of the original and all renewal applications related to the
massage therapy establishment permit issued by the other Coachella Valley
jurisdiction(s); and
3. A non-refundable application fee as represented in the City's fee
schedule to defray the costs of administering this chapter.
B. If the massage therapy permit submitted in support of an application for a
reciprocal permit includes an off -premises endorsement, the application shall be
deemed an application for both a massage therapy establishment permit and an off -
premises endorsement and no further documentation, information or fees shall be
required in order to apply for an off -premises endorsement to the reciprocal permit.
5.32.060 Original massage therapist permit application.
A. If an applicant does not hold a current massage therapy establishment permit
issued by another jurisdiction in the Coachella Valley, application for issuance of a
massage therapy establishment permit shall be made, under oath, on a form provided
by the City. The following information, documents and other requirements shall be
included with the submission of all such applications:.
1. The applicant's legal name, any aliases and date of birth;
2. The applicant's home and business addresses, corresponding telephone
numbers, and permanent address and telephone number, if different;
3. Written evidence that the applicant is at least eighteen (18) years of age;
4. The previous home addresses of the applicant for the ten (10) years prior
to the filing date of the application, and the dates of residency at each such
address;
5. The names, addresses and descriptions of all current and former
businesses owned, operated or managed by applicant for the ten (10) years
prior to the filing date of the application, and the dates applicant owned,
operated or managed each such business;
6. Employment history for the ten (10) years prior to the date of
application, and all massage or similar business history and experience;
7. Two front -face portrait photographs taken within thirty (30) days of the
date of application, at least two inches by two inches in size;
8. Applicant's weight, height, color of hair and eyes, and sex;
9. The applicant's driver's license number or identification number;
10. The applicant's fingerprints taken within the previous sixty (60) days by
an agency approved by the permit administrator;
11. The applicant's social security number and/or state or federally issued
tax identification number;
12. A description of the proposed massage establishment, including the type
of treatments to be administered;
13. A list of all of applicant's criminal convictions, excluding traffic violations;
14. Whether or not the applicant has ever been convicted of any
disqualifying conduct, as defined in this chapter;
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15. Whether or not the applicant is required to register as a sex offender
pursuant to the California Penal Code Section 290;
16. Whether or not applicant has had a previous permit, license or other
authority for massage services denied, suspended or revoked by any entity. If
so, the date, location and reasons for the denial, suspension or revocation;
17. Whether or not the applicant has been a sole proprietor, general partner,
officer, director, member or employee of any massage therapy business that
has had a permit, license or authority to operate a massage business denied,
suspended or revoked by any entity. If so, the applicant shall provide the name
and location of the massage therapy establishment or business for which the
permit was denied, suspended or revoked, the date of the denial, suspension or
revocation, and the reason(s) for the denial, suspension or revocation;
18. A complete list of the names and current residence addresses of all
proposed massage therapists, practitioners, technicians, aides, trainees and
other employees who are or will be employed in the massage establishment, if
known. If not known at the time of submission of the application, the applicant
shall provide the required information no later than seven (7) calendar days
prior to opening for business;
19. For each person that the massage establishment does or will employ,
retain or permit to perform massage, whether on- premises or off -premises, a
certified copy of that person's current massage certificate issued by the
Massage Therapy Council, and a copy of that person's identification card issued
by the Massage Therapy Council;
20. The name and .current residence addresses of all proposed operators and
managers who will be principally in charge of the operation of the massage
therapy establishment.
B. The applicant shall provide the permit administrator with the authorization to
seek information and conduct the necessary background investigations to determine
the truthfulness and correctness of the information provided by applicant and
whether the applicant is qualified pursuant to this chapter to receive the requested
massage therapy establishment permit.
C. The applicant shall date and sign the application and declare under penalty of
perjury that the information contained in the application is true and correct.
D. The applicant shall pay a non-refundable application deposit fee as represented
in the city's fee schedule at the time of filing an application to defray the costs of
administering this chapter which fee shall be in addition to any other permit
application fees.
5.32.070 Supplemental application for off -premises endorsement.
A. If an applicant does not hold a current permit with an off -premises
endorsement issued by another Coachella Valley jurisdiction, application for an off -
premises endorsement to a -massage therapy establishment permit shall be made,
under oath, on a form provided by the City. The following information, documents and
other requirements shall be included with the submission of all such applications:
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1. The applicant's legal name;
2. A copy of applicant's massage therapy establishment permit issued
pursuant to this chapter, or reciprocal permit, if application therefor is not
submitted concurrently; and
3. A complete list of the names and current residence addresses of all
persons who are anticipated to provide off -premises massage, as well as a
certified copy of each person's current massage certificate and identification
card issued by the Massage Therapy Council.
B. The applicant shall provide the permit administrator with the authorization to
seek information and conduct the necessary background investigations to determine
the truthfulness and correctness of the information provided by applicant and
whether the applicant is qualified pursuant to this chapter to receive the requested
off -premises endorsement.
C. The applicant shall date and sign the application, declaring under penalty of
perjury that the information contained in the application is true and correct.
D. The applicant shall pay a non-refundable application deposit fee as represented
in the city's fee schedule at the time of filing an application for an off -premises
endorsement to defray the cost of administering this. chapter, which fee shall be in
addition to any other permit application fees.
5.32.080 Processing the application.
A. All applications shall be submitted to the permit administrator.
B. Upon receipt of an application and payment of a nonrefundable application
deposit fee, the permit administrator shall immediately stamp the application as
received on that date. Within thirty (30) days thereafter, the permit administrator
shall notify the. applicant if the application is deemed incomplete. Any subsequent
submission shall be deemed a new application.
C. Upon receipt of a completed application, the permit administrator shall cause
an investigation to be made by the appropriate individuals or departments as
determined by the permit administrator to be necessary for review and investigation
of the accuracy of the information contained in the application and compliance with
all applicable regulations.
D. The building official or his designee shall inspect the premises proposed to be
devoted to the massage therapy establishment and shall make a recommendation to
the permit administrator concerning compliance with the provisions of this chapter.
E. Each department or division to which the application is submitted by the permit
administrator shall respond in writing to the permit administrator.
F. The permit administrator shall grant or deny an application for an original
permit within sixty (60) business days of receipt of a complete application. The permit
administrator shall grant or deny a reciprocal permit or a renewal application within
thirty (30) calendar days of receipt of a complete application therefor.
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5.32.090 Grounds for denial of application.
A. An application for a massage therapy establishment permit shall be denied if the
permit administrator finds that, in the case of an application fora reciprocal permit,
the massage therapy establishment permit_ or off -premises endorsement that the
applicant alleges to have been issued by another Coachella Valley jurisdiction is not
valid and/or,current. In all other cases, the application shall be denied if the permit
administrator finds any of the following:
1. The applicant is not eighteen (18) years of age or older;
2. The application contains false information;
3. Any of the massage certificates submitted with the application are
determined to be invalid;
4. The applicant has been convicted of disqualifying conduct;
5. The applicant is required by the California Penal Code to register as a sex
offender;
6. The applicant has had a massage therapist permit, or a permit or license
to operate a massage therapy establishment, denied, revoked or suspended by
any entity within five (5.) years pr.ior.to the date of the application; or
7. The application is incomplete or any required, information or document
has not been provided with the application.
B. If the permit administrator denies the application, he or she shall notify the
applicant of the denial in writing and state the reason(s) for the denial.
C. Any subsequent information submitted to cure the grounds for denial of an
application shall be treated as -a new application.
5.32.100 Issuance of permit.
A. The permit administrator shall issue -the permit if there are no grounds to deny
the permit as set forth in this chapter.
B. A massage therapy establishment permittee shall not perform, offer to
perform, or allow the performance of massage therapy. services at any site other than
a lawfully operating fixed -location massage therapy establishment unless the
permittee's massage therapy establishment permit includes an off -premises
endorsement.
C. Every massage therapy establishment shall display the massage therapy
establishment permit issued to it pursuant to this chapter in a conspicuous place so
that it may be readily seen by persons entering the premises.
D. All areas of the massage therapy establishment shall be subject to reasonable
inspections during its hours of operation to ensure compliance with this Code, state
laws regulating the practice of massage, and all other applicable laws and regulations.
5.32.110 Temporary permits.
A. Upon a finding of good cause therefor, the permit administrator may issue a
temporary permit to any person who possess a valid permit issued by any other
governmental entity pursuant to requirements that are similar to those set out in this
chapter.
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B. Application for a temporary permit shall be made by written request that
includes a statement, under.penalty of perjury, of the justification for a temporary
permit. Said request shall be submitted to the permit administrator, together with the
following:
1. A certified copy of a valid permit issued by any other jurisdiction, and a
copy of the application for such permit;
2. A certified copy of the provisions of the ordinance or other local law
pursuant to which the permit was issued by said other jurisdiction;
3. If the person intends to personally provide massage services, a certified
copy of the person's valid. massage certificate issued by the Massage Therapy
Council;
4. Proof of identification; and
5. A non-refundable application deposit fee as represented in the City's fee
scheudle to defray the cost of administering this chapter which fee shall be in
addition to any other permit application fees..
C. All temporary permits shall automatically expire thirty (30) days after the date
of issuance of the subject temporary permit. The permit administrator shall have the
discretion to extend the term of any temporary permit an additional thirty (30) days
provided that the entire term of the subject temporary permit does not exceed a total
period of ninety (90) days.
D. The permit administrator may condition the issuance of a temporary permit on
any additional requirements that he or she deems necessary to assure the purpose
and policy of this chapter is met.
5.32.120 Keeping application and ordinance current.
A. During the effective duration of the permit, the permittee shall promptly
update, correct or supplement the information contained in the application therefor
on file with the permit administrator when necessary to keep the information
contained therein current and accurate. Circumstances giving rise to the need for
such supplemental information include; but are not limited to, changes in the types of
services to be provided, and changes in the persons employed or retained by the
massage therapy establishment to perform massage or the status of such person's
massage certificate. Corrections and supplemental information shall be provided
within seven (7) calendar days of the permittee becoming aware of the information.
B. Where reference is made herein to any statute or other law, said reference shall
include any subsequent amendment or superseding provision thereto.
5.32.130 Renewal of permit.
A. All permits shall expire one year from the date they are issued, except that an
off -premises endorsement shall expire concurrently with the corresponding massage
therapy establishment permit.
B. Applications for renewal of a permit shall be made thirty (30) calendar days
prior to the expiration date of the permit. Application for renewal shall be in the same
manner as the original application. However, to the extent that the information
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previously submitted to the permit administrator remains current, a statement to that
effect shall be sufficient and no further information or documentation shall be
required except as follows:
1. Renewal of a Reciprocal Permit.
a. Where the applicant seeks to renew a reciprocal permit,
application for renewal shall include evidence that the underlying
massage therapy establishment permit remains valid and current.
b. For renewal of a reciprocal permit, permittee shall pay a
nonrefundable renewal application deposit fee as represented in the city's
fee schedule to help defray the expense administering this chapter which
fee shall be in addition to any other permit application fees.
C. A reciprocal permit shall not be renewed if the underlying
massage therapy establishment permit has expired and has not been
renewed, or if the underlying permit has been revoked, or is otherwise no
longer valid. If renewal of a reciprocal permit is denied because the
underlying permit is no longer valid, permittee shall submit a complete,
original .application and comply with all submission requirements set out
in this chapter for application for an original massage therapist permit. All
such applications shall also include an explanation of the reason that the
reciprocal permit is no longer valid.
2. Renewal of Original Permits.
a. For renewal of an all massage therapy establishment permits
other than reciprocal permits, permittee shall pay a non-refundable
renewal application deposit fee as represented in the city's fee schedule
at the time of filing the renewal application to help defray the expense of
administering this chapter which fee shall be in addition to any other
permit application fees.
5.32.140 Therapists dress and identification.
A. During all times that he or she is performing or offering to perform massage
therapy services, every massage therapist shall wear a badge that identifies his or her
first and/or last name. Upon receipt of a request or complaint by a patron, the
massage therapist shall advise the patron of the full name of the massage therapy
establishment through which the massage therapy services were arranged, and the
identity of the permit administrator through whom the establishment was issued a
massage therapy establishment permit.
B. All massage therapists shall have in their possession a valid massage certificate
and identification card issued by.the Massage Therapy Council at all times that he or
she is performing or offering to perform massage therapy services within the city.
C. All massage therapists shall wear non -transparent outer garments covering all
specified anatomical areas while on the premises of a massage therapy
establishment, as well as while performing or offering to perform any massage
therapy services, whether on -premise or off -premise.
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5.32.150 Other prohibited activities.
A. It is unlawful .for any massage therapist, any patron, or any other person
present where massage therapy services are being offered or performed, to expose or
touch any specified anatomical areas, whether his or her own, or those of another
person.
B. It is unlawful for any massage therapist, any patron, or any other person
present where massage therapy services are being offered or performed, to be in a
state of full nudity or semi -nudity, as defined by this chapter.
C. It is unlawful for any massage therapist, any patron, or any other person
present where massage therapy services are being offered or performed, to engage in
any specified sexual activities.
D. No person shall provide or offer to provide any massage therapy services to a
minor unless written permission is provided by the minor's parent or legal guardian.
E. No person shall provide or offer to provide massage therapy services other than
under the name of a massage therapy establishment possessing a valid massage
therapy establishment permit.
F. No person shalt provide or offer to provide massage therapy services under any
name not specified the massage certificate, issued to him or her by the Massage
Therapy Council.
G. No permittee or person shall provide or offer any alcoholic beverage to a patron
during the course of providing or offering to provide any massage therapy service.
H. No permittee shall transfer or assign any permit issued pursuant to this chapter
to another person or entity. Any attempted transfer shall result in the automatic
termination of said permit.
5.32.160 Permits issued pursuant to superceded ordinance.
A. If the operator of a massage establishment held a permit validly issued by the
city prior to the effective date of this ordinance, and was in compliance with all
requirements of the city with respect thereto, said permit holder shall have until the
expiration date of said existing permit, or one year from the effective date of this
chapter, whichever date is earlier, to obtain a permit issued pursuant to the provisions
of this chapter.
B. If a massage therapist held a permit validly issued by the city prior to the
effective date of this ordinance, and was in compliance with all requirements of the
city with respect thereto, said permit holder shall have until the expiration date of said
existing permit, or one year from the effective date of this chapter, whichever date is
earlier, to obtain a permit issued pursuant to the provisions of this chapter, if
applicable, and a massage certificate issued by the Massage Therapy Council.
5.32.170 Suspension and revocation of permit.
A massage therapist permit and any off -premises endorsement issued pursuant to
this chapter, or any predecessor to this chapter, shall be revoked by the permit
administrator if he or she receives notice that, after administrative proceedings
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conducted in conformity with the city's Municipal Code, the city has made any of the
following findings or determinations with respect to the permittee:
A. The massage therapy establishment or provision of massage services is
conducted in a manner that does not comply with all applicable laws, including but
not limited to this chapter and the city's building, zoning and health regulations.
B. The holder of the permit is convicted of any disqualifying conduct or is required
to register as a sex offender as set forth in California Penal Code Section 290;
C. The permittee fails to timely notify the permit administrator of any update to
the information contained in the permit application that is required to keep the
information current;
D. Information contained in the approved application is inaccurate;
E. Any patron of the permittee contracts any communicable disease during the
course of any services offered by the permittee;
F. The holder of the permit, or any applicant therefor, refuses to allow
representatives of the city or permit administrator to inspect business records of the
permittee, or any premises utilized by the permittee for massage therapy services;
G. The permittee fails to comply with any of the provisions of this chapter; or
H. The holder of the permit has ceased to meet any of the requirements for
issuance of the permit.
5.32.180 Appeals.
Any person aggrieved by a decision of the permit administrator may file an appeal to
the city council in accordance with Sections 2.04.100 through 2.04.130 of this code.
The decision of the city council concerning the appeal shall be final.
5.32.190 Other remedies.
A. Any violation of the provisions of this chapter is unlawful and a public nuisance,
subject to abatement, removal or enjoinment thereof in the manner provided by law.
B. Any violation of the provisions of this chapter shall constitute a misdemeanor
and the violator shall be subject to the imposition of criminal penalties in accordance
with this Code and any applicable state laws.
C. In lieu of issuing a criminal citation, the city may issue an administrative
citation and assess an administrative fine consistent with the provisions of this Code.
D. Each and every day a violation of this chapter exists constitutes a separate and
distinct offense and shall be subject to citation.
E. The remedies provided herein are not to be construed as exclusive remedies
and, in the event of a violation, the city may pursue any proceedings or remedies
otherwise permitted by law.
5.32.200 Exemptions.
The provisions of this chapter shall not apply to any of the following types of
individuals while engaged in the performance of the duties of their respective
professions:
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A. Any physician, surgeon, chiropractor, osteopath, or acupuncturist duly licensed
to practice their respective professions in the State of California, or any nurse or
physical therapist working under the supervision thereof, when engaging in any
massage therapy practice or activity within the scope of said license. Practical nurses
or other persons without qualifications as massage therapists or other persons not
duly licensed by the State of California to practice pursuant to the Medical Practice
Act, whether or not employed by a physician, surgeon, chiropractor, osteopath, or
acupuncturist, may not perform or offer to perform massage therapy without first
satisfying the applicable requirements of this chapter.
B. Any treatment administered in good faith in any course of the practice of any
healing art or profession by any person licensed to practice any such art or profession
under the Business and Professions Code of the State of California or any other laws of
the State of California.
C. Barbers, beauticians, manicurists, and pedicurists who are duly licensed under
the laws of the State of California, except that this exemption shall apply solely to the
massaging of the scalp, face, neck, arms, hands, or feet of the customer or client for
cosmetic or beautifying purposes.
D. Licensed employees of hospitals, nursing homes, sanatoriums, or other health
care facilities that are duly licensed by the State of California.
5.32.210 Transfer of permit.
No massage therapy establishment permit or off -premises endorsement shall be
transferable and any attempted transfer shall render the permit and endorsement
null and void. A change of location of a massage therapy establishment will require a
new massage therapy establishment permit.
5.32.220 Massage therapy establishment regulations.
To ensure the health and safety of all persons, every person operating or
maintaining a massage therapy establishment, and/or providing massage services, in
the City shall comply with each of the following requirements at all times:
A. A separate wash basin shall be provided for each portion of a massage therapy
establishment wherein massage services are performed for the individual use of each
person performing massage services. The basin shall be provided with soap and hot
and cold running water at all times and shall be located within, or as close as
practicable, to the area devoted to the performing of massage services. In addition,
there shall be provided at each wash basin, sanitary towels placed in permanently
installed dispensers.
B. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other
physical facilities for the establishment must be in good repair and maintained in a
clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or
steam or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly
cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned
after each use.
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C. Clean and sanitary towels and linens shall be provided for each patron of the
establishment or each patron receiving massage services. No common use of towels
or linens shall be permitted.
D. Massage therapy establishments shall be operated in compliance with all
applicable laws and regulations, including without limitation, the California Massage
Therapy Act (Business and Professions Code section 4600 et seq.).
E. It shall be the responsibility of the holder of the massage therapy
establishment permit and the massage establishment operator to ensure that each
person employed or retained by the massage establishment as a massage therapist
has first obtained a valid massage certificate from the Massage Therapy Council and
acts in compliance with the provisions of this Chapter at all times.
5.32.230 Reserved.
5.32.240 Revocation and suspension of permits issued under prior Chapter 5.32.
The following provisions shall apply to massage therapists permits issued prior to
October 19, 2001 and to massage establishment permits issued prior to [INSERT
EFFECTIVE DATE OF THIS ORDINANCE] (references to "this chapter" in this section
mean this chapter as it existed prior to such dates):
A. A permit issued under authority of this chapter may be suspended for violation
of any of its provisions or for fraud or misrepresentation in the permit application, but
no permit shall be revoked until after a hearing has been held before the city manager
or his designee, to determine just cause for the revocation; provided however the chief
of police may order any permits suspended pending the hearing, and it is unlawful for
any person to carry on the business of a massage technician or to operate a massage
therapy establishment depending upon the particular type of permit which has been
suspended until the suspended permit has be reinstated by the city manager. Notice
of the hearing shall be given in writing and served at least five days prior to the date of
the hearing thereon. The notice shall state the ground of the complaint against the
holder of the permit, or against the business carried on by the permittee at the
massage establishment, and shall state the time and place where the hearing will be
had following the five day notice period.
B. The notice shall be served upon the permit holder in accordance with Section
1.01.300 of this code.
5.32.250 Violation and penalty for permits issued under prior Chapter 5.32.
The following provisions shall apply' to massage therapist permits issued prior to
October 19, 2001 and to massage establishment permits issued prior to [INSERT
EFFECTIVE DATE OF THIS ORDINANCE) (references to "this chapter" in this section
mean this chapter as it existed prior to such dates):
A. Every person, except those persons which are specifically exempted by this
chapter, whether acting as an individual, owner, operator or employee of the operator,
or whether acting as a mere helper for the owner, employee 'or operator, or whether
acting as a participant or worker in anyway, who gives massages or conducts a
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massage therapy establishment or room, or who gives or administers or who practices
the giving or administering of steam baths, electric light baths, electric tub baths,
shower baths, sponge baths vapor baths, fomentation, sun baths, mineral baths
alcohol rubs, Russian, Swedish, or Turkish baths, or any other type of baths, salt flows
or any type of therapy or who does or practices any of the other things or acts
mentioned in this chapter without first obtaining a permit to do so from the city or
violates any provision of this chapter shall be guilty of a misdemeanor.
B. Any owner, operator, manager, or permittee in charge or in control of a
massage therapy establishment who knowingly employs a person performing as a
massage technician as defined in this chapter who is not in possession of a valid
permit or who allows such an employee to perform, operate or practice within such a
place of business is guilty of a,misdemeanor.
C. Any massage therapy establishment operated, conducted, or maintained
contrary to the provisions of this chapter shall be and is declared to be unlawful and a
public nuisance and the city attorney may, in addition to or in lieu of prosecuting a
criminal action under this chapter; commence an action or actions, proceeding or
proceedings, for the abatement, removal and enjoinment thereof, in the manner
provided by law; and may take such other steps and may apply to such court or courts
as may have jurisdiction to grant such relief as will abate or remove the massage
establishments and restrain , and enjoin any person from operating, conducting or
maintaining a massage therapy establishment contrary to the provisions of this
chapter.
Chapter 5.38 PARKING ATTENDANTS
5.38.010 Definitions.
For purposes of this chapter, certain words and phrases shall be construed as set forth
in this section, unless it is apparent from the context that a different meaning is
intended.
A. "Operator" means any person, firm or corporation engaging in the activity of
parking of vehicles for patrons or guests of a business whether the operator is
employed by or is under contract to, the business for which the vehicles are being
parked.
B. "Public right-of-way" means any area dedicated to public use for public street,
pedestrian way or other public purposes, or which includes but is not limited to
roadways, parkways, alleys, sidewalks and pedestrian ways.
5.38.020 Permit required.
No person shall, as an "operator" as that term is defined in Section 5.38.010, conduct
any activity involving the movement of a vehicle by the operator on or over any public
right-of-way or publicly owned property, unless there has first been obtained from the
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city manager a permit, as provided in this chapter, which permit is in full force and
effect.
5.38.030 Operations on public rights -of -way or property.
No operator, unless possessing a permit expressly allowing them to be done, shall
commit or do any of the following acts:
A. Receive, take possession of (for purposes of parking or temporary storage until
return of same to the patron or guest) or move a patrons or guests vehicle, upon any
portion of a public right-of=way or other public property;
B. Park and leave standing any patrons or guests vehicle upon any portion of a public
right-of-way or other public property (including any publicly owned off-street parking
space).
5.38.040 Unauthorized parking on private property..
No operator shall park any patrons or guests vehicle. upon private. property without
express authorization by the owner or other person in charge of the private property.
5.38.050 Application for permit.
An application for a permit pursuant to this chapter shall be filed with the city
manager or his designee. There shall be submitted such information as the city
manager deems necessary in order to evaluate and act upon the permit application.
Each application shall include, in general, at least the following basic information in
writing: an outline of the method of operating the vehicle -parking service including,
but not limited to, the hours of operation, the number of employees, the location(s)
from which vehicles will be picked up, and to which they will be delivered to the
patrons or guests, the location(s) where vehicles will be stored or placed, and the
location(s) of any proposed signs and any proposed attendant stands.
5.38.060 Fees.
Each applicant for a permit under this chapter, and each person filing any appeal
pursuant to provisions of this chapter, shall pay at the time of filing the application or
appeal a processing fee or fees in an amount or amounts as may have been
established by resolution of the city council.
5.38.070 Permits —Issuance —Denial.
Permits as applied for shall be issued by the city manager or his designee, provided it
appears that all requirements of this chapter and of other applicable ordinances and
laws have been, and will appropriately be, met fully by the applicant, and that the
permit can be issued subject to, prescribed conditions adequate to assure that there
will be no undue interference with normal traffic flow on public rights -of -way, and
otherwise to protect the public safety and other persons' property rights and their
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rights to coequal, use and enjoyment of.public'property. Any permit application may be
denied if the city manager concludes it cannot be issued subject to such safeguards.
5.38.080 Permits —Issuance with conditions.
The issuance of any permit pursuant to this chapter shall, if appropriate, have
conditions attached thereto adequate to meet the public purposes referred to in
Section 5.38.070, and the city manager or his designee shall have discretionary
authority to prescribe any such necessary or appropriate conditions, including primary
insurance coverage with city -approved coverage amounts and with the city named as
additionally insured.
5.38.090 Revocation or modification of permits.
A. Any permit granted pursuant to the provisions of this chapter maybe revoked or
modified by the city manager for any of the following grounds or reasons:
1. Any acts done under the permit have interfered or tended to interfere with the
normal flow of vehicular or pedestrian traffic on any public right=of--way;
2. The permittee or permittee's employees have failed to comply with the
provisions of the city's sign ordinance, or with conditions attached to the permit
relating to sign control;
3. There was given any false or fictitious information in connection with the
application -for the obtaining of the permit;
4. There has been a violation of or a failure to comply with any condition attached
to the permit or any provision or regulation of this chapter or of any other applicable
rules or regulations;
5. The character or moral integrity of the permittee or permittee's employees is
determined inimical to the public safety or general welfare of the community;
6. Any other reason exists for which the permit might have been lawfully denied
in the first instance, or that for any reason the continued operations under the permit
will be inimical to the public safety or general welfare of the community.
B. Such a revocation or modification of a permit shall be made only after opportunity
has been granted to the permittee for a due process hearing before the city manager
or his designated agent pursuant to section 2.08.180 through 2.08.230 of this code.
C. Upon the failure of the permittee to respond to the opportunity for hearing after
issuance of the notice of the hearing, the permit may be revoked, or may be modified
in such particulars as are deemed necessary in the public interest, and any such
revocation or modification. shall be effective upon notice or knowledge thereof being
received by the permittee pursuant to Section 1.01.300 of this code.
D. Any such revocation or modification of any permit may be in addition to any
penalties otherwise provided for by law.
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5.38.100 Appeals.
Any person aggrieved by, dissatisfied with, or excepting to any action, denial, order,
requirement, condition, permit, decision or determination made by the city manager
or his designee in administering the provisions of this chapter may appeal to the city
council pursuant to Sections 2.04.100 to 2.04.130 of this code. Upon any failure to file
the written appeal within the time allowed, the action of the city manager or his/her
designee shall be final and.conclusive.
Chapter 5.40 PASSENGER CARRIERS
5.40.010 Franchise and license requirements and general regulations.
A. Requirements and Exceptions. No person shall engage in the business of
transporting passengers in a vehicle or vehicles over the streets of the city, where the
passengers' trips originate from points within the city, whether any such vehicle used
is a taxicab, motorbus,- limousine, automobile for hire, or other transportation vehicle
with a driver for hire, unless the person operating the business or engaging therein is
acting pursuant to a franchise, license, permit or contract to do so pursuant to this
chapter. This chapter shall apply to any business carrying passengers from a principal
point or points of origin outside the city but which regularly carries the passengers
over the city streets as a major portion of the journey or journeys. This chapter shall
not apply to any business of renting automobiles or other vehicles without drivers, nor
to any passenger carrier operated by a public agency or entity or to any passenger
carrier operating pursuant to express and specific permission granted by superior
authorized agency such as the State Public Utilities Commission or the Interstate
Commerce Commission.
B. Compliance with Sunline Regulations. All passenger carriers described in
subsection A of this section and subject to this chapter shall be subject to and
governed by any and all ordinances, resolutions, regulations, and other official actions
taken by the Sunline Transit Agency and Sunline Services Group, two California joint
exercise of powers agencies to which the city is a member of each joint exercise of
powers agency, including but not limited to any and all ordinances, resolutions,
regulations, and official actions taken pursuant to the "Implementation Agreement
Authorizing the Sunline Services Group to Regulate Taxicabs," as amended from time
to time, to which the city is a party of that implementation agreement. All passenger
carriers described in subsection A of this section and subject to this chapter shall, in
addition to all other requirements, comply with the franchise, license, permit, and
contract requirements established by Sunline Transit Agency and Sunline Services
Group.
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C. In the event that the city takes official action to no longer be a member of the
Sunline Transit Agency or Sunline Services Group, or the city takes official action to no
longer be a party to the Implementation Agreement Authorizing the Sunline Services
Group to Regulate Taxicabs, then all passenger carriers described in subsection A of
this section and subject to this chapter shall remain subject to and governed by all
ordinances, resolutions, regulations, and other official actions then in place by Sunline
Transit Agency and Sunline Services Group, except that the city shall be the governing
agency with jurisdiction over the passenger carriers. The city manager shall have the
authority to enact any and all regulations that would allow for the city to continue to
regulate all passenger carriers as described in this subsection until such time as the
city enacts an ordinance or ordinances amending this chapter or other provisions of
the code in furtherance of regulating passenger carriers.
5.40.020 Interference with drivers.
No driver of any taxicab, -automobile for hire or motorbus shall permit more persons to
ride in the driver's compartment thereof than can be seated in the regular seats in the
compartment, or permit any person to sit on or stand at any place in or on the taxicab,
automobile for hire or motorbus.where,.the person obstructs the driver's view of traffic
ahead or to either side.
5.40.030 Refusal to pa fare.
are.
It is unlawful for any person to refuse to pay the legal fare of any of the vehicles
mentioned in this chapter, after having hired them.
5.40.040 Charging of improper fare.
It is unlawful to charge, collect or receive any other or different compensation for the
use of the taxicab or automobile for hire than that specified in the tariff or schedule of
fares on file and at the time in effect.
.Chapter 5.48 PEDDLERS SOLICITORS
5.48.010 Definitions.
A. "Peddler" means and includes any person who travels or goes from place to place
and peddles, hawks, vends or sells any goods, wares, merchandise, medicines or
services carried or caused to be carried or conveyed by the person peddling, hawking,
vending or selling them.
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B. "Solicitor" means and includes any person who travels or goes from place to place
selling, offering to sell or contracting to sell, for future delivery, at wholesale or retail,
any goods, wares, merchandise or services within the city, except in those instances
where the solicitations are made to established businesses for stock -in -trade, resale,
fixtures or other business needs.
C. "Peddler" or "solicitor" also includes persons engaged in the above described
activities at any outdoor location not in conjunction with an established place of
business on the same premises within a building, or not as a part of the established
place of business in a building.
5.48.020 Peddling or soliciting —Permit required.
It is unlawful for any person to act as, or carry on the business of, a peddler or solicitor
at any place or places within the city, unless and until a permit so to do has been
issued by the city manager and is in full force and effect.
5.48.030 Application to peddle or solicit-Additional'information.
Applicants for permits to commence, manage, engage in, maintain, conduct or carry
on the business described in Section 5.48.010, as peddler or solicitor, must furnish to
the city manager the following additional'information:
A. Name —Description. Name and description of applicant;
B. Address. Permanent home address and full local address of applicant;
C. Kind of Business. A brief description of the nature of the business and the goods to
be sold;
D. Employer —Credentials. If employed, the name and address of the employer,
together with credentials establishing the exact relationship;
E. Duration of Permit. The length of time for which the right to do business is desired;
F. Source of Stock. The place where the goods or property proposed to be sold or
orders taken for the sale thereof, are manufactured or produced, where the goods or
products are located at the time the application is filed, and the proposed method of
delivery;
G. Photographs. Two photographs of applicant and two photographs of any vehicle
used in the peddling or .solicitation, taken within sixty days immediately prior to the
date of filing application; Kind of Photograph. Pictures of applicant shall be two inches
by two inches showing the head and shoulders of the applicant in a clear and
distinguishing manner;
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H. Fingerprints —Character References. The fingerprints of the applicant and the
names of at least two reliable property owners of the, county who will certify as to the
applicant's good character and business respectability; or, in lieu of the names of
references, such other available evidence as to the good character and business
respectability of the applicant as will enable an investigator to properly evaluate the
character and business responsibility;
I. Criminal Record. A statement as to whether or not applicant has been convicted of
any crime, misdemeanor or violation of any municipal ordinance, other than Vehicle
Code violations, the nature of each offense and the punishment or penalty assessed
therefor.
5.48.040 Fee for investigation.
At the time of filing with the city manager any application for a peddler's or solicitor's
permit, the applicant shall, in order to qualify the application for filing, pay a fee in
such amount as may have been prescribed by resolution of the city council, to defray
the expense of investigation and processing.
5.48.050 Investigation of application.
Upon receipt of the original application, the city manager shall cause such
investigation of applicant's business and moral character to be made as s/he deems
necessary for the protection of the public good.
5.48.060 Denial of permit —Notice.
If, as a result of the investigation, applicant's character or business responsibility is
found to be unsatisfactory, the city manager shall endorse on the application his/her
disapproval and his/her reasons for it and shall notify applicant pursuant to section
1.01.300 of this code that his/her application is disapproved and that no permit will be
issued.
5.48.070 Appeal —Right to appeal.
Any person aggrieved by the action of the city manager in the denial of a permit shall
have the right of appeal to the city council pursuant to sections 2.04.100 through
2.04.130.
5.48.080 Approval of application —Issuance of permit.
If as a result of investigation, the character and business responsibility of applicant
are found to be satisfactory, the city manager shall approve the application, execute a
permit addressed to applicant for carrying on the business applied for, and deliver the
permit to the applicant.
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5.48.090 Photographs.
To each such permit there shall be attached photographs of permittee and of any
vehicle used in the business, the photographs to be identical with those filed by
permittee with his/her application pursuant to Section 5.48.030 G.
5.48.100 Business license required.
A city business license shall be obtained by every person in accordance with chapter
3.28 of this code before any person shall engage in peddling or soliciting in the city.
Chapter 5:60 LIQUIDATION TYPE SALES
5.60.010 Definitions.
For the purpose of this chapter only, the following words and terms shall be deemed
to mean and be construed as follows:
A. "Advertise," "advertisement," "advertising," "publish," and "publication," mean any
and all means, whether oral, written, lettered or printed, used for conveying to the
public notice of the conduct of a sale as defined in this section, or notice of intention
to conduct the sale, including but not limited to oral or written announcements by
proclamation or outcry, newspaper advertisement, magazine advertisement, handbill,
written or printed notice, printed display, billboard display, poster, e-mail, twitter,
internet and other electronic media, television and radio announcement.
B. "Inspector" means an inspector or investigator appointed by the city manager, or
means any city police officer.
C. "Permit" means a permit issued pursuant to this chapter.
D. "Permittee" means a person to whom a permit has been issued pursuant to this
chapter.
E. "Sale" means any sale of, or any offer to sell, to the public, or any group thereof,
goods, wares or merchandise on order, in transit or in stock, in connection with a
declared purpose as set.forth by advertising that the sale is anticipatory to or to avoid
the termination, liquidation, revision, windup, discontinuance, removal, dissolution or
abandonment of the business or that portion of the business conducted at any
location:
1. Stopping of Business. All sales advertised in any manner calculated to convey to
the public the belief that upon the disposal of the goods to be placed on sale, the
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business or that portion thereof being conducted at any location will cease, be
removed, be interrupted, discontinued or changed; and
2. Names Used for Sales. All sales advertised to be "adjuster's sale," "assignee's
sale," "bankrupt sale," "benefit of administrator's sale," "benefit of creditors sale,"
"benefit of trustee's sale," "building coming down sale," "closing sale," "closing out
sale," "creditor's committee sale," "creditors' sale," "damaged goods sale," "end sale,"
"execution sale," "final days sale," "fire sale," "forced out sale," "forced out of business
sale," "insolvent sale," "insurance salvage sale," "last days sale," "lease expires sale,"
"lease expiring sale," "liquidation sale," "loss of lease sale," "mortgage sale,"
"outselling sale," "receiver's sale," "removal sale," "recognition sale," "salvage sale,"
"selling out sale," "smoke sale," "smoke and water sale," "trustee's sale," "quitting
business sale," "wholesale closing out sale," "we quit sale," "we give up sale," "fixtures
for sale," or advertised by any other expression or characterization closely similar to
any of the foregoing and calculated to convey the same meaning; and
3. Business Failure. All sales advertised in,a manner calculated to indicate that the
goods, wares or merchandise to -be sold, or any part thereof, have been involved in
any business failure or have been derived from a business which has failed, been
closed, discontinued or liquidated; and
4. Vacation of Premises. All sales accompanied by notice or advertising indicating
that the premises are available for purchase or lease or are otherwise to be vacated;
and
5. Business Emergency or Failure. All sales accompanied by advertising indicating
a business emergency or failure affecting the seller or any previous holder of the
goods to be disposed of.
5.60.020 Permit required.
No person, firm or corporation shall hereafter publish or conduct any sale of the type
defined in this chapter without first having obtained a permit from'the city manager in
the manner provided in this chapter.
5.60.030 Agreement to abide by regulations.
Each permit issued under the provisions of this chapter shall have printed, written or
stamped on the face thereof the following:
"This permit is granted by the City Manager of the City of La Quinta and accepted by
the permittee upon the condition that the said permittee comply with and abide by all
the provisions of Chapter 5.60 of the La Quinta Municipal Code."
5.60.040 Signing of agreement —Witnessing.
At the time of the delivery of the permit, the statement must be signed by the
permittee in the presence of an employee of the city who shall sign as a witness.
5.60.050 Condition of permit.
Any permit issued under the provisions of this chapter shall authorize the one type of
sale named in the application, at the place named therein, for a period of not more
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than sixty calendar days, and shall permit the sale of goods only which are set out in
the application, all of which goods throughout the duration of the sale must be
definitely separated from any other goods displayed at or within the store or place of
business; and all advertising signs or notices referred to, or calling attention to the
sale, must be confined to the display or displays of goods involved in the sale.
5.60.060 Application for sale permit.
No permit to conduct a sale as defined in this chapter shall be granted except upon
written application to the city manager, filed and verified before a person authorized
to administer oaths, by the person who intends to conduct the sale, and each
application shall set forth and contain the following information:
A. Location. Description by street location and kind of building, of the location at
which the sale is to be held;
B. Occupancy —Tenancy. The nature of the _occupancy, whether by ownership, lease
or sublease, and if by lease or: sublease, 'the effective date of the termination of the
tenancy;
C. Advertising. A copy of all advertisements proposed to be used in connection with
the sale, and a statement of the means or methods of advertising to be used in
advertising the sale;
D. Reason for Sale. The facts in regard to the insurance, bankruptcy, insolvency,
assignment, mortgage, foreclosure, administration, receivership, trusteeship, removal,
executorship removal, or other cause advertised to be the reason for the proposed
sale;
E. Inventory. An inventory or statement, in such form and in such detail as the city
manager may require, setting forth the amount and description of goods, wares or
merchandise to be sold at the sale and, when required by the city manager, the date
of acquisition of the goods, wares or merchandise and the persons from whom
obtained, and the place from which the goods were last taken.
5.60.070 Detailed description of goods.
The city manager may require that all goods, wares and merchandise listed upon the
inventory or statement shall be so described in detail by manufacturer's name and lot
number, the individual number of articles so numbered, colors, sizes and otherwise,
that the identity of the goods with the goods listed on the inventory can be readily
determined.
5.60.080 Filing
No application for any permit pursuant to the provisions of this chapter shall be
accepted by or on behalf of the city manager unless the application is accompanied by
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a filing fee in such amount as has been prescribed by resolution of the city council to
defray the expense of investigation and processing, no part of which fee shall be
refunded whether the application is granted or. denied.
5.60.090 Investigation of applicant.
Upon the filing of the application with the city manager, the city manager may make
or cause to be made an examination, audit, or investigation of the applicant and
his/her affairs, in relation to the proposed sale.
5.60.100 Issuance or refusal of permit.
If the city manager finds that the statements in the application are true, that the
inventory is complete, that the advertising set forth is not false, fraudulent, deceptive
or misleading in any respect, and that the methods to be used by the applicant in
conducting the sale are not such as, in the opinion of the city manager, will work a
fraud upon the purchasers, the city manager shall issue to the applicant a permit to
conduct the sale in accordance with the provisions of this chapter; otherwise the city
manager shall deny the application and refuse the permit.
5.60.110 Insufficiency of information.
The city manager may refuse a permit because of the insufficiency of the information
set forth in the application..
5.60.120 Amended application.
In case of refusal, the city manager shall grant the applicant permission to file an
amended application.
5.60.130 Hearing before denial.
No application shall be denied unless an opportunity for hearing has been given the
applicant before the city manager pursuant to Sections 2.08.180 through 2.08.230 of
this code.
5.60.140 Renewal of permit —Application —Fee.
The city manager may, upon verified application therefor, renew the permit for a
period of not to exceed thirty days, upon the payment of a renewal fee in such
amount as has been prescribed by resolution of the city council, to defray the expense
of investigation and processing.
5.60.150 Form of application for renewal.
The verified application for renewal shall set forth a complete list of goods listed in the
original application and remaining unsold, and shall not contain any goods, wares or
merchandise not named in the original application.
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5.60.160 Investigation —Renewal.
Upon receipt of the application for renewal, the city manager shall cause an
investigation to be made within five business days from the date of filing with the city
manager the application for renewal, and if satisfied of the truth of the statements
therein contained, the city manager shall grant the renewal, which shall be endorsed
and signed as provided for the original permit.
5.60.170 Second renewal.
The city manager may renew any original permit in the manner provided in this
chapter, not to exceed two times, upon payment of a fee for each such renewal, in
such amount as has been prescribed by resolution of the city council, to defray the
expense of investigation and processing.
5.60.180 Limit upon duration of sales.
The city manager shall not issue permits or renewals which will allow the conduct of
any sale or sales of any kind or kinds named in Section 5.60.010 at any one location
for more than one hundred twenty calendar days in any one twelve-month period.
5.60.190 Power to revoke —Grounds.
The city manager shall have the power to revoke at any time any permit granted in
accordance with this chapter whenever any such sale or special sale is being
conducted in violation of any of the provisions of this chapter or in such manner as to
deceive or defraud the public, or if:
A. Further Grounds —Misstatement in Application. The holder of any such permit has
made any material misstatement in the application for the permit;
B. Fraud in Conduct of Sale. S/He has been guilty of any fraudulent practice, or
practices, in the conduct of the sale authorized by the permit;
C. Omissions in Inventory. S/He has failed to include in the inventory required by the
provisions of this chapter the goods, wares or merchandise required to be contained in
the inventory;
D. Addition of Goods. S/He has added, caused to be added, or permitted to be added
any goods, wares or merchandise not described in the original inventory; or
E. Improper Advertising. S/He has violated any of the provisions of this chapter or of
the laws pertaining to advertising.
5.60.200 Complaint prerequisite to revocation.
No permit shall be revoked for any cause enumerated in Section 5.60.190 until a
written complaint has first been filed with the city manager, setting forth in ordinary
and concise language the charge made against the permittee.
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5.60.210 Verification —Form of complaint.
The complaint shall be verified by the oath of the person making the charge, the
verification to be made in the form prescribed by the Code of Civil Procedure of the
state for verified pleadings in civil actions.
5.60.220 Service of complaint —Notice of hearing.
Service of the complaint and notice of hearing shall be in the manner provided in
Section 1.01.300 of this code.
5.60.230 Scope of permit —Unlawful changes.
Any permit issued pursuant to the provisions of this chapter shall be valid only for the
advertising, representation and sale of the particular goods, wares or merchandise
described in the original application therefor, and at the particular time, and particular
place stated therein,s and by the particular applicant; and any renewal, replenishment
or substitution of such, goods, wares or merchandise, or change of the time or place
for the sale, or change of person conducting the sale, is unlawful and shall render the
permit void.
5.60.240 Ordering goods for sale.
No person in contemplation of conducting any such sale or special sale, or during the
continuance of such a sale, shall order any goods, wares or merchandise for the
purpose of selling them at the sale.
5.60.250 Presumption from purchase near time of sale.
Any unusual purchase, or additions to the stock of such goods, wares or merchandise,
within sixty days before the filing of the application for a permit to conduct such a sale
shall be presumptive evidence that the purchase or additions were made in
contemplation of the sale for the purpose of selling them at the sale.
5.60.260 Separate offenses.
Each sale of goods, wares or merchandise as were not inventoried and described in
the original application shall constitute a separate offense under this chapter.
5.60.270 Rules governing sales and advertising. -
The city manager may provide such rules and regulations for the conduct and
advertisement of the sale or special sale as, in his/her opinion, will serve to prevent
deception and to protect the public.
5.60.280 Loss of identity.
Any removal of any goods, wares or merchandise inventoried and described in the
original application form from the place of sale mentioned in the application shall
cause the goods to lose their identity as the stock of any of the sales defined in this
chapter; and no permit thereafter will be issued for the conducting of a sale of any
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such goods, wares or merchandise in such manner as to identify them with the store,
store name, store owner or location referred to in the original application.
5.60.290 Posting of permit.
Upon, coincident and throughout the duration of any sale, as defined in this chapter,
the permit issued by the city manager shall be prominently displayed near the
entrance to the premises.
5.60.300 Copies of application and stock list.
A duplicate original of the application and stock list pursuant to which the permit was
issued shall at all times be available to the city manager, or to his/her inspector and
investigators, to examine all merchandise in the premises for comparison with the
stock list.
5.60.310 Records of permittee.
Suitable books and records shall be kept by the permittee and shall at all times be
available to the inspector and investigators.
5.60.320 Daily revision of stock list.
At the close of business each day the permittee's copy of the stock list attached to the
application shall be revised and those items disposed of during the day shall be so
marked thereon.
5.60.330 Exemptions.
The provisions of this chapter shall not apply to or affect the following persons:
A. Judicial Sales. Persons acting pursuant to an order or process of a court of
competent jurisdiction;
B. Official Sales. Persons acting in accordance with their powers and duties as public
officers such as sheriffs and marshals;
C. Auctions. Duly licensed auctioneers, selling at auction;
D. Publisher of Advertising. Any publisher of a newspaper, magazine or other
publication, who publishes any such advertisement in good faith, without knowledge
of its false, deceptive or misleading character, or without knowledge that the
provisions of this chapter have not been complied with;
E. Season, Clearance Sales. End of season sales and clearance sales not included
within Section 5.60.010 E.
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5.60.340 Appeals.
Any person aggrieved by any decision of the city manager with respect to denial or
issuance of any permit, conditions attached thereto, or any other administrative
action taken pursuant to the terms of this chapter, may appeal to the city council
pursuant to Section 2.04.100 through 2.04.130 of this code.
Chapter 5.72 MISCELLANEOUS BUSINESSES REGULATED
5.72.010 Compliance with state law regarding locksmith businesses.
Every person, defined as every individual, firm, partnership, association, limited liability
company, corporation, and any other type of entity recognized by law, shall be subject
to and comply with Articles 1 through 9 (commencing with Section 6980) of Chapter
8.5 of Division 3 of the Business and Professions Code of the State of California, as
amended from time to time.
5.72.020 Compliance with state law regarding private patrols.
Every person, defined as every individual, firm, partnership, association, limited liability
company, corporation, and any other type of entity recognized by law, shall be subject
to and comply with Articles 1 through 8 (commencing with Section 7580) of Chapter
11.5 of Division 3 of the Business and Professions Code of the State of California, as
amended from time to time.
5.72.030 Compliance with state law regarding drug paraphernalia.
Every person, defined as every individual, firm, partnership, association, limited liability
company, corporation, and any other type of entity recognized by law, shall be subject
to and comply with Article 4 (commencing with Section 11364) of Chapter 6 of Division
10 of the Health and Safety Code of the State of California, as amended from time to
time.
5.72.040 Compliance with state code regarding secondhand dealers, pawnbrokers,,
and loan brokers.
Every person, defined as every individual, firm, partnership, association, limited liability
company, corporation, and any other type of entity recognized by law, shall be subject
to and comply with Articles 1 through 7 (commencing with Section 21500) of Chapter
9 of Division 8 of the Business and Professions Code of the State of California as
amended from time to time.
5.72.050 Violation of Municipal code.
In addition to noncompliance or violation of state law, any failure to comply or
violation of, the state Jaw identified in Sections 5.72.010, 5.72.020, 5.72.030, 5.72.040
shall be a violation of this code and, in addition to any other rights and remedies
available to the city, shall be a public nuisance subject to remedial action in
accordance with applicable law.
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. r _ .
Chapter SEXUAL' ORIENTED BUSINESSES
5.80.010 Purpose.
The purpose of this chapter is to regulate sexually 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 sexually oriented businesses; higher crime rates, noise, debris or vandalism in the
vicinity of sexually 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. Reasonable and uniform 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 sexually oriented
businesses. It is neither the intent, nor effect of this chapter to impose limitations or
restrictions on the content of any communicative material. Similarly, it is neither the
intent, nor effect of this chapter 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 sexually oriented business to their intended market.
Nothing in this chapter 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 ,
5.80.020 Definitions.
As used in this chapter:
"Employee" means a person over eighteen years of age who renders any service, or
performs in connection with the operation of a sexually oriented business, either on
site or off site, irrespective of whether said person is paid a salary, wage, or other
compensation by the operator of the business or patrons.
"Escort" means a person who, for any form of consideration, agrees or offers to act as
a companion, guide or date for another person, for sexual purpose, or who agrees or
offers to privately model lingerie or to privately perform a striptease for another
person.
"Escort agency" means a person or business association who. furnishes, offers to
furnish or advertises to furnish escorts as one of its primary business purposes for a
fee, tip, or other consideration.
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"Establishment" means and includes any of the following:
1. The opening or commencement of any such business as a new business;
2. The conversion of an existing business, whether or not a sexually oriented
business, to any of the sexually oriented businesses defined in this chapter;
3. The addition of any of the sexually oriented businesses defined in this chapter
to any other existing sexually oriented business or to an existing non -sexually
oriented business;
4. The relocation of any such sexually oriented business; or
5. The substantial enlargement of any such sexually oriented business by an
increase of the floor area occupied by the business of more than fifteen percent.
"Live art class" means 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 two classes; the instruction is offered indoors; an instructor is present in the
classroom while any participants are present; and preregistration is required at least
twenty-fo,ur 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 pursuant to this
chapter.
"Sexually oriented arcade" means any business establishment or concern, where, for
any form of consideration including, but is not limited to cash in the form of paper
bills, coins or slugs, which are operated manually or electronically controlled still,
motion picture or video machines, projectors, or other image -producing devices 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.
"Sexually oriented bookstore," "sexually oriented novelty store" and "sexually oriented
video store" mean any establishment, which as a regular and substantial course of
conduct, displays and/or distributes sexually oriented 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 matter depicting, describing or relating to specified sexual
activities or specified anatomical parts. (See "sexually oriented business" for definition
of regular and substantial portion of its business.) The term "sexually oriented
bookstore" shall be deemed to be inclusive of the terms "sexually oriented novelty
store" and "sexually oriented video store."
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Sexually Oriented Business. 1. "Sexually oriented business" means any business
establishment or concern which as a regular and substantial course of conduct
performs as a sexually oriented bookstore, sexually oriented theater, sexually oriented
arcade, sexually oriented cabaret, escort, escort agency, stripper, sexually oriented
model studio or sexually oriented 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 conducts offers
to its patrons products, merchandise, services or entertainment characterized by an
emphasis on matters depicting, describing or relating to specified sexual activities or
specified anatomical parts. "Sexually oriented business" does not include those uses
or activities, the regulation of which is preempted by state law. "Sexually oriented
business" shall also include -any business establishment or concern which, as a regular
and substantial course of conduct provides or allows sexually oriented entertainers,
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 sexually oriented merchandise and/or sexually oriented
material exceeds more than thirty-three percent of the total display or floor space
area open to the public;
b. 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;
c. The regular and substantial course of conduct of the business consists of or
involves the sale, trade, display, advertisement 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;
d. An establishment may have other significant and 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 a -sexually oriented. business. Such other business purposes will
not serve to exempt such establishments from being categorized as a sexually
oriented 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.
2. The definition of "sexually 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.
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"Sexually oriented cabaret" means 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.
"Sexually oriented entertainer" means a person who for any form of consideration or
gratuity performs or appears in performances which are characterized by the
emphasis on specified anatomical areas or specified sexual activities.
"Sexually oriented hotel/motel" means 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, videocassettes, slides or other photographic reproductions which are
characterized by the depiction or description of "specified sexual activities or specified
anatomical areas" and which advertises the availability of this sexually oriented type
of material by means of a sign visible from the public right-of-way, or by means of any
off -premises advertising including, but not limited to, newspapers, . magazines,
pamphlets or leaflets, radio or television, social media or other electronic means; or (2)
offers a sleeping room for rent for a period of time less than ten 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 ten hours.
"Sexually oriented material" means 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 specified sexual activities or specified anatomical
parts.
"Sexually oriented merchandise" means 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.
"Sexually oriented model studio" means 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,
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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. Sexually oriented 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.
"Sexually oriented theater" means a business establishment or concern which
regularly features 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.
"Specified anatomical parts" means:
1. 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
2. Human male genitals in a discernibly turgid state, even if completely and
opaquely covered.
"Specified criminal acts" mean acts which are sexual crimes against children, sexual
abuse, rape, crimes connected with another sexually oriented business including, but
not limited to, distribution of obscenity or material harmful to minors, prostitution,
pandering, or distribution or sale of illegal drugs.
"Specified sexual activities" means:
1. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral
anal copulation, bestiality, direct physical stimulation of unclothed genitals,
flagellation or torture in the context of a sexual relationship, or the use of excretory
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
2. Clearly depicted -human genitals in a state of sexual stimulation, arousal or
tumescence; or
3. Use of human or animal ejaculation, sodomy, oral copulation, coitus or
masturbation; or
4. Fondling or touching of nude human genitals, pubic region, buttocks or female
breast; or .
5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain;
or
6. Erotic or lewd touching, fondling or other sexually oriented contact with an
animal by a human being; or
7. Human excretion, urination, menstruation, vaginal or anal irrigation;
or
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8. Striptease; the removal of clothing to the point where specified anatomical
parts are not opaquely covered or are minimally covered with devices commonly
referred to as pasties and G strings, or equivalent clothing.
"Transfer" of a sexually 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; or
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 possessing the ownership or control.
5.80.025 Permit required.
Prior to the establishment or transfer of -a sexually oriented business, the owner of the
business shall obtain both a sexually oriented business permit and a business license
from the city. 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 a sexually oriented business, or
be engaged as a sexually oriented entertainer; as defined in this chapter, 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 by this chapter 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 a sexually oriented business, or as a sexually
oriented entertainer.
5.80.030 Application requirements.
The property owner, or authorized agent of the property owner, is eligible to request a
sexually oriented business permit. The application fee for any sexually oriented
business permit shall be eight hundred thirty-five dollars and is nonrefundable and
shall be used to defray the cost of investigation, processing and hearing as set forth
herein. The application fee for a sexually oriented 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 days prior to the expiration date. The renewal
application fee for a sexually oriented business permit shall be one hundred dollars.
The renewal application fee for a sexually oriented entertainer shall be twenty-five
dollars. Said renewal application fees are nonrefundable and shall be used to defray
the cost of investigation and processing the renewal applications. The fees set forth
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herein shall be in effect until the city council shall by resolution fix some other rate
based upon a cost factor.
The following information is required at the time a sexually oriented business permit is
submitted to the planning department:
A. A completed sexually oriented business permit application specifying the single
type of sexually oriented business permitted and signed by the property owner or
authorized representative;
B. The nonrefundable deposit or fee as set forth by ordinance or resolution of the city
council.
C. Any person, association, partnership or corporation desiring to obtain a business
license tax certificate and a permit for a sexually oriented business shall make an
application, under oath, to the city manager upon a form provided by the city
manager. If the applicant is a corporation, the requirement to provide the application
information applies to each of the officers, directors and/or stockholders owning not
less than ten present of the stock of the corporation. If the applicant is a partnership,
this requirement applies to each of the partners, including limited partners. The
application shall contain the following:
1. The name, including any aliases, current permanent residential address, e-mail
address, and telephone number of the applicant;
2. The business name, proposed business address of the sexually oriented
business, website address 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 ten percent, or greater, of the stock of the corporation
and the address of the corporation itself, if different than the address of the sexually
oriented business. 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 provide a copy of the
partnership agreement and 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 sexually oriented business;
3. The name and permanent address of the owner of the property upon which the
applicant intends to locate the sexually 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 ten percent or greater 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 sexually oriented business is or will be located, the application must be
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accompanied by a notarized statement from the owner of record of the real property
acknowledging that a sexually 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 sexually oriented business will be located;
5. The days, hours and location where the sexually 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 the
applicant's business;
7. Whether or not the applicant has been convicted of a specified criminal act
within the last three years, the nature of 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 an 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. 9. Driver's
license or other acceptable identification and social security number of the applicant.;
10. Acceptable written proof that the applicant is at least eighteen years of
age. 11. The height, weight, color of eyes, color of hair and date of birth of the
applicant. 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. 13. Each residence and business address of the applicant for the five-
year period immediately preceding the date of the filing of the application. 14.One
front -faced portrait photograph of the applicant at least two inches by two inches in
size 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 sexually oriented business owned or
operated by any person whose name is required to be given in subsection C of this
section;
17. A description of any other business to be operated on the same premises or on
adjoining premises owned or controlled by the applicant. 18. Authorization for the
city, its 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 (C)(6) of this section the information requested by subsections (C)(1), (9)—
(14), (16), (18) and (19) of this section;
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
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with marked dimensions of the interior of the premises to an accuracy of plus or
minus six inches;
22. A current certificate and straight-line drawing prepared within thirty 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
within one thousand five hundred feet of the property to be certified; the property
lines of any established religious institution/synagogue, school, public park, recreation
area, public building, family -oriented restaurant, 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
one thousand five hundred feet of the property. For the purpose of this section, a use
shall be considered existing or established if it is in existence at the time an
application is submitted.
D. The holder of the permit for a sexually 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 and application.
A. Upon receipt of an application properly filed with the city and upon payment of the
nonrefundable application fee, the city or its designee shall immediately stamp the
application as received subject to the provisions of Section 5.80.030. The person
receiving the application shall immediately thereafter send photocopies of the
application to'the Riverside County sheriffs department and any other city agencies
responsible for enforcement of health, fire, and building codes and laws. Each
department or agency shall promptly conduct an investigation of the applicant,
application and the proposed sexually oriented business in accordance with its
responsibilities under law and as set forth in this chapter. The investigation shall be
completed within twenty days of receipt of the application by the city or its designee.
At the conclusion of its investigation, each department or agency shall indicate on the
photocopy of the application its approval or disapproval of the application, date it, sign
it, and, in the event it disapproves, state the reasons therefor. The sheriffs department
shall only be required to check local and state summary criminal history information,
including NCIC, and certify whether disqualifying criminal history has been discovered.
The sheriffs department shall not be required to approve or disapprove applications.
For this purpose, the sheriffs department is specifically authorized by the city council
pursuant to California Penal Code Sections 11105 and 13300 to obtain such
information as relates to disqualifying criminal convictions for licensing purposes, as
specified in Section 120.05(C)(1)Q) and to disclose so much of the information
obtained to the city's designee as directly relates to such disqualifying criminal history,
for such appropriate action as is required based upon such specific criminal conduct
applicable to the subject applicant. No information shall be relayed relating to a
criminal arrest not resulting in conviction, or to a criminal arrest for which pretrial or
post -trial diversion has been ordered. -
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B. A department or agency shall disapprove an application if it finds that the
proposed sexually oriented business will be in violation of any provision of any statute,
code, ordinance, regulation or other law in effect in the city. After its indication of
approval or disapproval, each department or agency shall immediately return the
photocopy of the application to the city or its designee.
5.80.060 Findings —Requirements.
The city shall issue a sexually oriented business permit within the later of forty days of
receipt of a completed application or ten days from receipt of the complete
investigation report in Section 5.80.050 if it finds that:
A. The sexually .oriented business shall be located in the city's SOB overlay zone
zoning districts.*
* The distance of separation required by subsectionsB through F of this section shall
be made by using a straight line, without regard to intervening structures or objects,
from the nearest external structural wall of the proposed sexually oriented business to
the nearest property line of the lot upon which is located a residential use, religious
institution, park, recreation area, public building, family -oriented restaurant or school.
The measurement taken when the proposed use is located on the same lot as an
already existing sexually oriented business, shall be the distance between the two
shall be measured in a straight line between the nearest external structural walls 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.
B. The sexually oriented business shall not be located within seven hundred fifty feet
of any residential zone.
C. The sexually oriented business shall not be located within one thousand five
hundred 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 master's degree (e.g., colleges and universities).
D. The sexually .oriented business shall not be located within one thousand five
hundred feet of any lot upon which there is properly located a public park, recreation
area or public building; nor within one thousand feet of any lot used by a religious
institution for religious activities.
E. The sexually oriented business shall not be located within seven hundred fifty feet
of any other sexually oriented business including sexually oriented businesses located
on the same parcel. In no event may more than one sexually oriented business be
located in the same structure.
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F. The sexually oriented business shall not be located within seven hundred fifty feet
of any business involving on -premises sale of liquor or alcoholic beverages, nor shall it
be located within seven hundred fifty feet of a family -oriented restaurant. (A "family -
oriented restaurant" means any restaurant which provides specific inducement to
encourage attendance by children such as: play equipment, promotional toy items,
child's menu separate from regular menu.)
G. The sexually oriented business shall not be located within any structure for which a
part is within one hundred feet of the ultimate right-of-way of a major, primary or
secondary thoroughfare as defined in the general plan of the city. 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.
H. The parking requirements for sexually oriented businesses shall be as follows:
1. Bookstores and retail establishments: One parking space per three hundred
square feet of gross floor area;
2. Theaters: One parking space per three seats, if seats are fixed, or one parking
space per twenty-four square feet of gross floor area;
3. Cabarets: One parking space per three seats, if seats are fixed, or one parking
space per thirty-five square feet of gross floor area;
4. Motion picture arcade: One parking space per individual viewing area plus one
parking space per employee;
5. Motel/hotel: One parking space per guest room for first fifty rooms; three-
quarters parking space per guest room thereafter.
I. The sexually oriented business shall not be located completely or partially within
any mobile structure or pushcart.
I The sexually 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 sexually oriented business shall provide a security system that visually records
and monitors all parking lot areas. All indoor areas of the sexually 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.
L. The sexually oriented business complies with the city's sign regulations.
M. The sexually oriented business complies with the development and design
requirements of the zone in which it is to be located.
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N. The sexually oriented business shall not display any sexually oriented material or
sexually oriented merchandise which would be visible from any location other than
from within the sexually oriented business.
0. The sexually oriented business shall not allow admittance to any person under the
age of eighteen if no liquor is served, or under the age of twenty-one if liquor is served.
P. With the exclusion of sexually oriented hotels, the sexually oriented business shall
not operate between the hours of one a.m. and nine a.m.
Q. The applicant shall not have been convicted of a crime relating to a specified
criminal act for which:
1. Less than two years have elapsed since the date of conviction or the date of
release from confinement, whichever is the later date, if the conviction is of a
misdemeanor offense for "specified criminal acts';
2. Less than five years have elapsed since the date of conviction or the date of
release from confinement, whichever is the later date, if the conviction is of a felony
offense for "specified criminal acts";
3. Less than five years have elapsed since the date of conviction or the date of
release from confinement, whichever is the later date, if the convictions are of two or
more misdemeanors for "specified criminal acts" occurring within any twenty -four -
month period;
4. The fact that a conviction is being appealed -shall have no effect on
disqualification of the applicant;
5. An applicant who has been convicted of the above may qualify for a sexually
oriented business permit only when the time period required above in this section has
elapsed.
R. The sexually 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 sexually 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.
S. The interior of the sexually oriented business which has individual viewing areas,
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 thirty-two square
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feet of floor area with no single dimension being greater than eight 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 prohibit a person from seeing into the interior of
the individual viewing area from the manager's station. A security guard 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" means any area designed for occupancy of one person for
the purpose of viewing live performances, pictures, movies, videos or other
presentations.
T. All areas of the sexually oriented business shall be illuminated at a minimum of
the following footcandles, minimally maintained and evenly distributed at ground
level:
Bookstores
20 footcandles
Retail establishments
20 footcandles
Theater
5 footcandles (except during performances, at which time the
lighting shall be at least 1.25 footcandles)
Cabaret
5 footcandles
Motion picture arcade
10 footcandles in public areas
Individual viewing
booths
1.25 footcandles
Motion picture
theater
10 footcandles (except during performances at which time the
lighting shall be at least 1.25 footcandles)
Motel/hotel
20 footcandles in public areas
U. At least one security guard in addition to the manager, is required for every fifty
patrons at sexually oriented businesses providing live entertainment. The manager
may act as the security guard where less than fifty patrons are present.
V. The individual viewing areas of the sexually 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 sexually oriented business in
conformance with industry standards. The applicant shall demonstrate that the
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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 sexually 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.
Y. The sexually 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 sexually oriented entertainers by a.floor to ceiling or, if appropriate, stage floor
to ceiling, permanent, solid barrier and- a buffer zone of at least three feet. "Live
entertainment," for the purposes of this requirement, means any existent display by a
human being which is characterized by an emphasis on specified anatomical parts or
specified sexual activities. The three-foot buffer zone 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 ber permitted to contain
more than one type of sexually oriented business as such types of sexually oriented
business are defined in Section 5.80.020. For the purposes of this section, the catchall
phrase "sexually oriented business" shall not be considered a single type of sexually
oriented business.
BB. No individual viewing area may be occupied by more than one person at any one
time.
CC. No patron shall come into direct or indirect physical contact with any sexually
oriented entertainer.
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 conforms to the dark sky
ordinance and 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 a sexually
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.
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GG. The building entrance to the adult use shall be clearly and legibly posted by a
notice indicating that minors are precluded from entering the premises. As used in this
subsection, "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 of specified sexual activities or one or more naked adults in poses which
emphasize or direct the viewer's attention to the subject's genitals. As used in this
subsection, "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 shall deny the requested permit in writing if the above findings have not been
made and shall state reasons for the denial.
5.80.070 Permit duration.
A sexually oriented business permit shall be valid for a period of one year from the
date of issuance.
5.80.080 Permit renewal.
A sexually oriented business permit shall be renewed on a year-to-year basis provided
that the permittee and the sexually oriented business continues to meet the
requirements set forth in this chapter. A request for permit renewal must be filed
thirty days in advance of the permit expiration and shall be accompanied by a
completed sexually oriented business permit application as required in Section
5.80.050. If said application conforms to the previously approved application and the
sexually oriented business has not changed, the permit shall be renewed by the city
for another year. Any change or alteration in that nature or operation of the sexually
oriented business will require the renewal to be reviewed by the city.
5.80.090 Permits nontransferable, use -specific.
No sexually 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 unless the proposed transferee has first submitted a complete
application pursuant to Section 5.80.030 as well as a transfer fee equal to one-half of
the basic application permit. Any such sale, transfer or assignment or attempted sale,
transfer or assignment shall be deemed to constitute a voluntary surrender,of the
permit and the permit shall be thereafter null and void. Any sexually 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
sexually oriented business from one element of a sexually oriented business to
another element of a sexually oriented business shall also render the permit null and
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void. Any sexually oriented business permit shall only be valid for the exact location
specified on the permit.
5.80.100 Enforcement, suspension and revocation.
A. Inspections. The permittee shall permit officers of the city, the county, and each of
their authorized representatives to conduct unscheduled inspections of the premises
of the sexually oriented business for the purpose of ensuring compliance with the law
at any time the sexually oriented business is open for business or occupied.
B. Suspension of Permit.
1. The city shall suspend a permit if it determines that a permittee, or an employee
of a permittee, has:
a. Violated or is not in compliance with any section of this chapter; or
b. Engaged in excessive use of alcoholic beverages while on the sexually
oriented business premises; or
c. Refused to allow an inspection of sexually oriented business premises as
authorized by this chapter; or
d. Knowingly permitted gambling by any person on the sexually oriented
business premises; or
e. Operated the sexually oriented business in violation of a building, fire,
health or zoning statute, code, ordinance or regulation, whether federal, state or local,
said determination being based on investigation by the division, department or
agency charged with enforcing said rules or laws. In the event of such statute, code,
ordinance or regulation violation, the city or its designee shall promptly notify the
permittee of the violation and shall allow the permittee a seven-day period in which to
correct the violation. If the permittee fails to correct the violation before the expiration
of the seven-day period, the city or its designee, shall forthwith suspend the permit
and shall notify the permittee of the suspension; or
f. Engaged in permit transfer contrary to Section 5.80.090. In the event that
the city suspends a permit on the grounds that a permittee engaged in a permit
transfer contrary to Section 5.80.090, the city shall forthwith notify the permittee of
the suspension. The suspension shall remain in effect until the applicable section of
this chapter has been satisfied; or
g. Operated the sexually oriented business in violation of any of the findings
required in Section 5.80.060; or
h. Been convicted of an act for which initial denial of a license would have
been required pursuant to Section 5.80.060(Q).
2. The suspension shall remain in effect until the violation of the statute, code,
ordinance or regulation in question has been corrected.
C. Revocation Grounds. The city may revoke a sexually oriented business permit when
it discovers that any of the following have occurred:
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1. Any of the findings contained in Section 5.80.060 ceases to be satisfied and a
permit suspension has occurred during the twelve months prior to the violation
triggering revocation;
2. The application contains incorrect, false or misleading information that tended
to enhance the applicant's opportunity for obtaining a permit;
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 sexually oriented 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 section, "individual viewing area" means 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 sexually oriented business; or
6. Any person or persons has engaged in any specified sexual activities on the
premises.
D. Revocation Notice. Upon determining that the grounds for permit revocation exist,
the city shall furnish written notice of the proposed revocation to the permittee in
accordance with Section 1.01.300 of this code. Such notice shall summarize the
principal reasons for the proposed revocation, shall state that the permittee may
appeal the decision pursuant to Sections 2.08.180 through 2.08.220 of this code. The
city manager's decision shall be the city's final decision and shall not be appealable to
the city council.
E. Reapplication after Revocation. No person, corporation, partnership or member
thereof or any other entity may obtain a sexually oriented business permit for a
business once its permit has been revoked.
5.80.110 Violation —Penalty.
A. 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 or who participates in the
operation of any unpermitted sexually oriented business, or who violates any
provisions of this chapter shall be guilty of a misdemeanor and shall be fined pursuant
to Section 1.01.230. Each day the violation continues shall be regarded as a separate
offense for which the full penalty may be imposed.
B. 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
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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 sexually oriented business and restrain and enjoin any person from
operating, conducting or maintaining such an establishment contrary to the provisions
of this chapter.
C. Any establishment operated in violation of the chapter is a public nuisance,
abatable pursuant to Chapter 11.72 of this code.
D. In any action to abate any such public nuisance, the city shall be entitled to recover
all enforcement costs, including staff costs and attorney fees.
5.80.120 Prohibition against nudity.
It is unlawful for any person to appear in a sexually oriented business in such a
manner so as to knowingly and intentionally:
A. Expose his or her genitals, pubic hair, natal cleft, perineum, anal region or pubic
hair region; or
B. Expose any device, costume or covering which gives the appearance of or
simulates the genitals, pubic hair, natal cleft, perineum, anal region, nipple and/or
areola of the female breast or pubic hair region; or
C. Expose the nipples and/or areola of the female breasts except as necessary while
engaging in the breast feeding of an infant under the age of two years old; or
D. Allow any person to engage in any of the activities described in subsections A
through C of this section in a sexually oriented business when such person has
ownership or managerial control over the sexually oriented business.
5.80.130 Expansion of legal nonconforming uses.
Notwithstanding any other provisions of this code, no sexually oriented business
legally operating prior to the effective date of the ordinance codified in this chapter
may be expanded in any manner unless and until the entire sexually oriented business
complies in all respects with the provisions of this chapter 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 sexually oriented business is located or operating and/or the introduction
and/or addition of any category of sexually oriented business not legally operating on
the property prior to the enactment of the ordinance codified in this chapter as such
separate categories of sexually oriented business uses are contained in Section
5.80.020. For the purposes of this section, the catchall phrase "sexually oriented
business" shall not be considered a single category of sexually oriented business.
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss. .
CITY OF LA QUINTA )
I, SUSAN MAYSELS, 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. 526 which was
introduced at a regular meeting on the 7th day of July, 2015, and was adopted at a
regular meeting held on the 21st day of July, 2015, not being less than 5 days after the
date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in.City Council Resolution No. 2015-023..
6
SUSAN MAYSELS, City Cl
City of La Quinta, California
DECLARATION OF POSTING
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that
the foregoing ordinance was posted on July 23, 2015 pursuant to Council Resolution.
SUSAN MAYSELS, City Cl k
City of La Quinta, California