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ORD 215ORDINANCE NO. 215 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA AMENDING THE LA QUINTA MUNICIPAL CODE BY ADDING CHAPTER 9.154 RELATING TO THE REGULATION OF ADULT ENTERTAINMENT WHEREAS, the City Council of the City of La Quinta (the "City Council") finds that the location of adult entertainment land uses in proximity to residential uses, churches, parks and schools may lead to increased levels of criminal activities, including drug use and sales, prostitution, rape and assaults in the vicinity of those land uses; and WHEREAS, the City Council finds that the concentration of adult entertainment businesses near one another may contribute to the blighting or downgrading of the neighborhood; and WHEREAS, ample commercial and retail space is currently available and will be available in the future on the parcels of land fronting State Highway 111; and _ WHEREAS, such area is the most appropriate location in the City for the siting of adult entertainment businesses; and WHEREAS, the City Council finds that regulation of adult entertainment businesses in the manner contemplated herein allows ample opportunity for persons to establish adult entertainment businesses in the City and does not place an endure burden on those who wish to exercise their rights of free speech through the use of sexually oriented communication; and ' WHEREAS, the City Council desires to regulate the location and appearance of adult entertainment businesses to minimize the harmful secondary effects of such businesses on surrounding neighborhoods and not to regulate in any way the free expression of ideas through such businesses. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Chapter 9.154 is hereby added to the La Quinta Municipal Code as follows: ORDDRFT.021 Ordinance No. 215 CHAPTER 9.154 ADULT ENTERTAENMWNT BUSINESSES Sections: 9.154.010 Purpose 9.154.020 Definitions 9.154.030 Police Permit Required 9.154.040 Conditional Use Permit Required 9.154.050 Delineation of AE Zone Boundaries 9.154.060 Revocation of Permits 9.154.070 Violation and Penalty 9.154.010. .010. The City Council finds that adult entertainment businesses, by their nature, have objectionable secondary effects upon adjacent areas. The purpose of this Chapter is to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods, to prevent crime associated with adult entertainment businesses, to maintain the integrity of residential neighborhoods, to protect minors from the secondary effects of adult entertainment businesses, to protect retail trade occurring adjacent to adult entertainment businesses, to maintain property values within the City, and to protect and preserve the quality of life within the City. .020. It is not the intent of this Chapter, and this Chapter shall not be so construed, to suppress, regulate or affect in any way the content of communication or expression associated with adult entertainment businesses. .030. The City Council finds that this Chapter allows the establishment of adult entertainment businesses at a reasonable number of locations within the City. 9.154.020 Definitions. .010. For the purposes of this Chapter, the term "adult entertainment business" is hereby defined to include the following described uses: A. "Adult Book Store or Video Rental": An establishment having as a substantial or significant portion of its stock in trade, books, magazines, periodicals or audio visual materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" . ORDDRFT.021 2 �s. Ordinance No. 215 B. "Adult Business": Either (1) any business, other than those expressly specified in this Chapter, where employees or patrons expose "specified anatomical areas" or engage in "specified sexual activities"; or (2) any other business or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing or relating to "specified sexual activities" or specified anatomical areas". C. "Adult Motion Picture Theater": An enclosed building with a capacity of fifty or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. D. "Adult Mini Motion Picture Theater": An enclosed building with a capacity for less than fifty persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. E. "Adult Motion Picture Arcade": Any place to which the public is permitted or invited wherein coin or slug -operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image -producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas". F. "Baths. Sauna Baths, Massage Establishments": Any business or establishment for which a permit is required pursuant to Chapter 5.32 of the La Quinta Municipal Code. G. "Cabaret": Any business or establishment which conducts, sponsors or allows entertainment subject to Chapter 5.08 of the La Quinta Municipal Code, where such entertainment is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". H. "Encounter Center" or "Rap Studio": Any business agency or person who, for any form of consideration or gratuity, provides a place where two or more persons may congregate, assemble or associate for the primary purpose of engaging in, describing or discussing "specified sexual activities" or exposing "specified anatomical areas". I. "Escort Bureau or Introduction Serviced": Any business or establishment which, for any form of consideration or gratuity, provides introductions or companions. J. "Figure Model Studio": Any business or establishment which provides models or displays which expose "specified anatomical areas" to customers or patrons. ORDDRFT.021 3 Ordinance No. 215 K. "Public Dance Hall": Any business or establishment subject to Chapter 5.12 of the La Quinta Municipal Code which conducts, sponsors, or allows dancing which is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". .020. For purposes of this Chapter, the term "Specified Sexual Activities" shall include any of the following: A. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, any of the following depicted sexually oriented acts or conduct: analingus, buggery, coprophagy, coprophila, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or B. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or C. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or D. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or E. Masochism, erotic or sexual oriented torture, beating or the infliction of pain; or F. Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or G. Human excretion, urination, menstruation, vaginal or anal irrigation. .030. For purposes of this Chapter, the term "specified anatomical areas" shall include any of the following: A. Less than completely and opaquely covered (1) human genitals or pubic region; (2) buttocks; or (3) female breast below a point immediately above the top of the areola; or B. Human male genitals in a discernible turgid state, even if completely and opaquely covered. 9.154.030. Police Permit RNuired. .010. Any applicant for a conditional use permit for an adult entertainment business shall make application for a police report to the Chief of Police, or his designated representative. ORDDRFT.021 4 Ordinance No. 215 Prior to submitting such application, a nonrefundable fee shall be paid to the City Clerk to defray, in part, the cost of investigation and report required by this Chapter. The City Clerk shall issue a receipt showing that such application fee has been paid. The receipt, or a copy thereof, shall be supplied to the Chief of Police at the time such application is submitted. Such application does not authorize the applicant to operate an adult entertainment business. .020. Each application for a police permit shall contain the following information: (a) The full, true name and any other names used by the applicant. (b) The present address and telephone number of the applicant. (c) The previous addresses of applicant, if any, for a period of five (5) years immediately prior to the date of the application and the dates of residence at each. (d) The applicant's height, weight, color of eyes, and hair and date and place of birth. (e) Two photographs of the applicant at least 2" X 2" taken within the last six months. (f) Business, occupation or employment history of the applicant for the five (5) years immediately preceding the date of application. (g) The business license history of the applicant and whether such applicant, in previous operations in this or any other city, state, or territory, under license, has had such license or permit for an adult entertainment business or similar type of business revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation. (h) All convictions within the last five years of any crime involving dishonesty, fraud, deceit, or moral turpitude. (i) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the place and date of incorporation, and the names and addresses of each of its current officers and directors, and each stockholder holding more than five percent (5 %) of the stock in the corporation. If the applicant is a partnership, the applicant shall set forth the name, residence address and dates of birth of the partners, including limited partners. If the applicant is a limited partnership it shall furnish a copy of its certificate of limited partnership filed with the county clerk. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated persons shall complete and sign all application forms required of an individual applicant under this Chapter, but only one application fee shall be charged. ORDDRFT.021 ordinance No. 215 0) Such other identification and information as the Police Department may reasonably require in order to discover the truth of the matters hereinbefore specified as required to be set forth in the application. (k) The Chief of Police may require the applicant to furnish fingerprints. .030. The applicant, if an individual, or designated responsible managing officer, if a partnership or corporation, shall personally appear at the police department and produce proof that nonrefundable application fee, established by resolution of the City Council, has been paid and shall present the application containing the aforementioned and described information. .040 The Chief of Police shall have thirty (30) days to investigate the application and the background of the applicant. Upon completion of the investigation, the Chief of Police shall grant the permit if he finds that: (a) The required fee has been paid. (b) The application conforms in all respects to the provisions of this Chapter. (c) The applicant has not knowingly made a material misrepresentation in the application. (d) The applicant, if an individual, or any of the stockholders of the corporation, any officers or directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, has not within the last five years been convicted in a court of competent jurisdiction of any crime involving dishonesty, fraud, deceit, or moral turpitude. .050. If the Chief of Police, following investigation of the applicant, deems that the applicant does not fulfill the requirements as set forth in this Chapter, he shall notify the City Manager of such opinion and, within thirty (30) days of the date of application, provide copies of the investigation report to the City Manager. The City Manager shall within ten (10) days, grant the permit or deny the application and notify the applicant by certified mail of such denial. Any applicant who is denied a permit by the City Manager may appeal such denial to the City Council pursuant to the provisions of this Chapter. 9.154.040. Conditional Use Permit Required. .010 Notwithstanding any other provision of the La Quinta Municipal Code to the contrary, no person shall establish, conduct, operate, or maintain any adult entertainment business as defined in Chapter 9.154.020 of this Code on any property in the City of La Quinta without having first obtained a conditional use permit therefor pursuant to the provisions of Chapter 9.172 of this title. ORDDRFT.021 6 Ordinance No. 215 .020 Notwithstanding any other provision of this Code to the contrary, no conditional use permit shall be granted by the City for any adult entertainment business unless each of the following findings is made: A. The premise upon which the adult entertainment business is proposed to be located is not located within 1,000 feet of any lot upon which there is located a place of religious worship; public, private, or parochial elementary, junior high, high school, preschool, daycare; public buildings; youth organization facilities; public park or playground. B. The premise upon which the adult entertainment business is proposed to be located is not located within 1,000 feet of any lot upon which there is located any other adult entertainment business as defined in Chapter 9.154.020 of this Code. C. The premise upon which the adult entertainment business is proposed to be located is not located within 1,000 feet of any lot zoned for residential use. D. The premise upon which the adult entertainment business is proposed to be located is located in the adult entertainment (AE) overlay zone, as defined in Section 9.154.050 of this Code. E. The exterior appearance of the structure in which the adult entertainment business is proposed to be located will be consistent with the external appearance of commercial structures already constructed or under construction within the immediate neighborhood. F. The exterior appearance of the structure will not cause blight, deterioration or substantially diminish or impair property values within the neighborhood. G. The applicant has received a police permit pursuant to Section 9.154.030 of this Code. H. No adult entertainment business hereindefined, that is prohibited by any existing County, State, or Federal laws shall be permitted. .040. For the purpose of Subsection .020 above, all distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point of the building or structure used as a part of the premise where said adult entertainment business is conducted to the nearest property line of any lot or premise described in A through D of that Subsection. 9.154.050. Delineation of AE Zone Boundaries. .010. Areas of the City of La Quinta hereby designated as being within the Adult Entertainment (AE) overlay zone are those parcels located in whole or in part within six hundred (600) feet from the centerline of State Highway 111. ORDDRFT.021 7 Ordinance No. 215 .020. The zoning designation for the parcel shall constitute the base or underlying zone and the AE designation shall constitute an overlay zone. In the event of conflicting provisions between the underlying zone and the AE overlay zone regulations, the requirements and restrictions of the AE overlay zone shall take precedence over the requirements of the underlying zone. 9.154.060. Revocation of Permits. The City Manager may, based on evidence that any of the provisions of this Chapter have been violated, suspend or revoke a police permit or conditional use permit; provided that written notice by certified mail of such suspension or revocation is furnished to the permittee. The permittee, within ten (10) days after receipt of notice of suspension or revocation, may file an appeal with the City Clerk to be taken to the City Council. In the event an appeal is timely filed, the suspension or revocation shall not take effect until final decision has been rendered by the Council. If the permittee fails to take an appeal within the ten day filing period provided herein, suspension or revocation shall take effect immediately upon expiration of such filing period. 9.154.070. Violation and Penalty. .010. Every person, whether acting as an individual owner, employee of the owner, operator or employee of the operator, or whether acting as a mere helper for the owner, employer or operator, or whether acting as a participant or worker who in any way operates, manages or conducts any adult entertainment business as defined in Chapter 9.154.020 without first obtaining a conditional use permit from the City or who shall violate any provisions of this Chapter, shall be guilty of a misdemeanor. Any person violating any of the provisions of this Chapter shall be fined not less than One Hundred Dollars ($100.00) for each offense. Each day such violation shall continue shall be regarded as a separate offense. .020. Any establishment operated, conducted or maintained contrary to the provisions of this Chapter is unlawful and a public nuisance, and the City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law and shall take such other steps and shall apply to such court or courts as may here have jurisdiction to grant such relief as will abate or remove such establishment or activities defined in Chapter 9.154 and restrain and enjoin any person from operating, conducting or maintaining such an establishment contrary to the provisions of this Chapter. SECTION 2. SEVERABILITY. If any provision, clause sentence or paragraph of this Chapter of the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this Chapter which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are declared to be severable. ORDDRFT.021 8 Ordinance No. 215 SECTION 3. EFFECTIVE DATE. This Chapter 9.154 shall be effective thirty (30) days from and after the date of its adoption. The foregoing ordinance was introduced at a regular meeting of the City Council of the City of La Quinta on the 6th day of October, 1992, and was passed and adopted by the following vote: AYES: Council Members Bohnenberger, Franklin, Rushworth, Sniff, & Mayor Pena NOES; None ABSENT: None ABSTAIN: None () D - V JO J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA L. JUHOI6,,City Clerk City of La Quinta, California C: DAWN HONEYWELL, City Attorney City of La Quinta, California ORDDRFT.021 9 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true and correct copy of Ordinance No. 215 which was introduced on the 15th day of September, 1992 and was adopted at a regular meeting held on the 6th day of October, 1992 not being less than 5 days after date of introduction thereof. I further certify that the foregoing ordinance was posted in three (3) places within the City of La Quinta as specified in a r s lution of the City Council. AUNDRA L.�HOL , City Clerk City of La Quinta, California DECLARATION OF POSTING I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was JAUNDRA d on October 16, 1992 pursuant to City Council Resolution. L. JUHOLA, City Clerk City of La Quinta, California