ORD 270ORDINANCE 270
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, REVOKING ORDINANCE
267 ANDADOPTING A REVISED NEW CHAPTER 5.80 TO THE
CODE OF THE CITY OF LA QUINTA, AMENDING CHAPTER
9.154, TO THE ZONING ORDINANCE OF THE CITY OF LA
QUINTA.
WHEREAS, the City Council of the City of La Quinta seeks to preserve and protect
the City of La Quinta's quality of the residential and commercial areas of the City, and the quality
of life through effective land use planning; and
WHEREAS, the City Council and staff have conducted an extensive review of land
use studies concerning the secondary effects of Sexually Oriented Businesses establishments in other
cities including, but not limited to, Garden Grove, California (1991); Phoenix, Arizona (1986);
Minneapolis, Minnesota (1980); Houston, Texas (1983); Indianapolis, Indiana (1984); Amarillo,
Texas (1977); City of Los Angeles, California (1977); Cleveland, Ohio (1977); Austin, Texas
(1986); Seattle, Washington (1989); Oklahoma City (1986); Beaumont, Texas (1982); and Whittier,
California (1978); have conducted its own, surveys and questionnaires of real estate appraisers,
business persons in La Quinta; and
WHEREAS, the City Council of the City of La Quints believes the following
statements are true, in part based upon its understanding of the experiences of the cities referenced
above:
A. Crime rates are higher in all zoning areas with Sexually Oriented Businesses and are
specifically higher in residential areas surrounding Sexually Oriented Businesses than in commercial
or industrial areas surrounding Sexually Oriented Businesses;
B. Areas within close proximity of single and multiple family dwellings should be free
of Sexually Oriented Businesses;
C. Sexually Oriented Businesses should not be located in areas of the City which are in
the vicinity of residential uses, religious institutions, parks, public facilities, public recreation areas,
family oriented restaurants, and schools;
D. The image of the City of La Quinta as a pleasant and attractive place to reside will
be adversely affected by the presence of Sexually Oriented Businesses in close proximity to
residential uses, religious institutions, parks, public facilities, family oriented restaurants, and
schools;
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E. The existence of Sexually Oriented Businesses in close proximity to residential areas
has been shown to reduce the property values in residential areas;
F. The City Council believes that allowing Sexually Oriented Businesses in the City's
AE Overlay Zone is the most appropriate location available because the zone includes ample
accessible real estate including acreage in all stages of development from raw land to developed and
shopping space that is easily accessible by freeways, highways and roads, and because the remainder
of the City is primarily zoned for residential use which is the least appropriate zone for Sexually
Oriented Business locations;
G. Without the adoption of this Ordinance, Sexually Oriented Businesses might be able
to locate anywhere within the City by right, requiring no permit other than a business license to
operate;
H. A reasonable regulation of the location of Sexually Oriented Businesses protects the
image of the community and its property values and protects its residents from the adverse secondary
effects of such Sexually Oriented Businesses, while providing those who desire to patronize Sexually
Oriented Businesses an opportunity to do so in appropriate areas within the City;
I. Regulations for Sexually Oriented Businesses should be developed to prevent
deterioration and/or degradation of the vitality of the community before the problem exists, rather
than waiting for a problem to be created;
J. Sexually Oriented Businesses should be regulated by developing zoning which will
separate such land uses from other incompatible uses;
K. Crime rates significantly increase when Sexually Oriented Businesses are established
within close proximity to other Sexually Oriented Businesses.
L. The City Council believes that prohibiting public nudity will, to some extent, reduce
those secondary effects shown to be created, in part, by Sexually Oriented Businesses which provide
or permit public nudity.
WHEREAS, concern over sexually transmitted diseases, including AIDS, is a
legitimate health concern of the City which demands reasonable regulations of Sexually Oriented
Businesses in order to protect the health and well being of the citizens; and
WHEREAS, the City recognizes the possible harmful effects on children and minors
exposed to the effects of such businesses and the deterioration of respect for family values, and the
need and desire of children and minors to stay away from and avoid such businesses, which causes
children to be fearful and cautious when walking through or visiting in the immediate neighborhood
of such businesses; and
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WHEREAS, the City Council desires to minimize and control these adverse
secondary effects and thereby protect the health, safety and welfare of the citizens; protect the
citizens from the increased crime; preserve the quality of life; preserve the property values and the
character of surrounding neighborhoods and businesses, deter the spread of urban blight and protect
against the threat to health from the spread of communicable and sexually transmitted diseases; and
WHEREAS, the City Council has determined that locational criteria alone do not
adequately protect health, safety and general welfare of the people of the City and thus imposition
of certain requirements with respect to the ownership and operation of Sexually Oriented Businesses
is in the public interest; and
WHEREAS, the City Council, consistent with limitations on the sale of alcohol and
mindful of the time most bars and similar establishments close, further finds that restricted hours of
operation will further prevent the adverse secondary effects of Sexually Oriented Businesses; and
WHEREAS, it is not the intent of the City Council to condone or legitimize the
distribution of obscene material, and the Council recognizes that state law prohibits the distribution
of obscene materials and expects and encourages law enforcement, and state and local enforcement
officials to enforce state obscenity statutes against such illegal activities in the City; and
WHEREAS, the aforementioned studies show that sex -related offenses are included
within the category of secondary effects caused by unregulated or under regulated Sexually Oriented
Businesses; and
WHEREAS, the City Council believes that persons who have been convicted of sex -
related offenses have shown a propensity to commit such offenses and should not be permitted to
operate Sexually Oriented Businesses for three (3) years after such conviction. This is because the
sexually oriented nature of the business creates an increased opportunity for the commission of sex -
related offenses by persons who have exhibited a propensity for the commission of such offenses;
and
WHEREAS, the City Council believes as true the documents and judicial decisions
in the public record established and submitted in conjunction with this Ordinance which demonstrate
that various operational practices of Sexually Oriented Businesses (as that term is defined in Section
5.80.020 of the La Quinta Municipal Code) increase criminal activity, including but not limited to
sexually related criminal activity, and increase the likelihood of the transmission of diseases
including but not limited to sexually transmitted diseases such as gonorrhea, syphilis, herpes, and
acquired immune deficiency syndrome ("AIDS") and hepatitis-B; and
WHEREAS, the City Council believes the following statements are true, in part,
based upon its understanding of the documents and judicial decisions in the public record;
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A. Evidence indicates that some dancers, models, entertainers, and other persons who
publicly perform Specified Sexual Activities or publicly display Specified Anatomical Parts in
Sexually Oriented Businesses (as those terms are defined in Section 5:80.020) (collectively referred
to as "Sexually Oriented Entertainers") have been found to engage in sexual activities with patrons
of Sexually Oriented Businesses on the site of the Sexually Oriented Business;
B. Evidence has demonstrated that Sexually Oriented Entertainers employed by Sexually
Oriented Businesses have been found to offer and provide private shows to patrons who, for a price,
are permitted to observe and participate with the Sexually Oriented Entertainers in live sex shows;
C. Evidence indicates that Sexually Oriented Entertainers at Sexually Oriented
Businesses have been found to engage in acts of prostitution with patrons of the establishment;
D. Evidence indicates that fully enclosed booths, individual viewing areas, and other
small rooms whose interior cannot be seen from public areas of the establishment ("Individual
Viewing Areas") regularly have been found to be used as a location for engaging in unlawful sexual
activity;
E. Many Individual Viewing Areas have been found to contain "glory holes" in the walls
joining abutting Individual Viewing Areas which are used by customers to facilitate sexual activity
between the occupants of the abutting Individual Viewing Areas;
F. Individual Viewing Areas have been found to be unsanitary due to the existence of
semen, saliva, and blood on the walls and floors of the Individual Viewing Areas;
G. Medical science has found that: (1) certain Sexually Transmitted Disease ("STD")
have a potential life span of 2-3 hours outside the human body; (2) the existence of certain bodily
fluids on the walls and floors of the Individual Viewing Areas can facilitate the transmission of
STDs; and (3) the practice of individuals having anonymous and/or unprotected sexual relations in
Individual Viewing Areas can facilitate the transmission of STDs;
H. Poorly lit or unlit areas of Sexually Oriented Businesses provide a location for people
to engage in illegal sexual activities;
I. Police agencies have determined that some Sexually Oriented Businesses and the
operators thereof have been found to be directly engaged in (as well as aid and abet) criminal and
illegal sexual activity. Such individuals also have been known to use aliases;
J. Many jurisdictions have found that Sexually Oriented Businesses generate excessive
noise and disorderly conduct, particularly at the closing time of the Sexually Oriented Business,
which creates an adverse noise and public safety impact on surrounding businesses and communities;
and
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WHEREAS, the experiences of the cities of Palm Springs and Huntington Beach,
California, indicate that disorderly conduct is likely to occur when crowds which are under the
influence of alcohol become involved in sexually oriented activities; and
WHEREAS, while the City Council desires to protect the rights of those who provide
sexually oriented entertainment, it desires to do so in a manner which decreases, to the greatest
extent feasible, the undesirable secondary effects associated with such entertainment; and
WHEREAS, based upon the evidence contained in the documents, judicial opinions,
and other public records, a copy of which are on file in the City Clerk's office, the City Council finds
as follows:
A. The City has an interest in ensuring that individuals who operate Sexually Oriented
Businesses have not been convicted of certain criminal offenses, particularly sexually related
offenses. The application requirements contained in Chapter 5.80.030 of the La Quinta Municipal
Code further that interest;
B. Requiring the presence of one (1) security guard for every 50 patrons at Sexually
Oriented Businesses providing live entertainment is likely to reduce the disorderly conduct and
illegal activity observed to occur at Sexually Oriented Businesses in other jurisdictions;
C. Requiring Sexually Oriented Businesses to close at 1:00 a.m. is likely to reduce the
early morning criminal activity occurring at and near Sexually Oriented Businesses and is likely to
eliminate the existence of excessive noise and disorderly conduct in and around the community in
the early hours of the morning;
D. The requirement that Sexually Oriented Businesses only allow performances which
are characterized by Specified Sexual Acts or feature Specified Anatomical Parts such that patrons
not be permitted within 6 feet of the Sexually Oriented Entertainers is likely to reduce the
opportunities for illegal sexual activity to -occur between Sexually Oriented Entertainers and patrons,
and is particularly likely to reduce the opportunity for such illegal sexual activity to occur at the
Sexually Oriented Business;
E. Requiring Sexually Oriented Entertainers in Individual Viewing Areas to be
completely separated from patrons by a floor to ceiling plexiglass or other clear, permanent barrier
is likely. to reduce the opportunity for illegal sexual activity to occur between Sexually Oriented
Entertainers and patrons and reduce the possibility of the transmission of sexually transmitted
diseases between Sexually Oriented Entertainers and patrons;
F. Requiring the entire interior portion of Individual Viewing Areas to be visible from
aisles and public areas of the Sexually Oriented Business is likely to reduce the opportunity for
illegal sexual activity to occur within the Individual Viewing Area;
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G. Requiring areas within Sexually Oriented Businesses to be minimally illuminated to
the standards contained in Chapter 5.80 is likely to reduce the opportunity for the occurrence of
illegal sexual activity in dark portions of Sexually Oriented Businesses;
H. Prohibiting any physical contact between Sexually Oriented Entertainers and patrons
of Sexually Oriented Businesses is likely to reduce the opportunity for the occurrence of illegal
sexual activity between patrons and Sexually Oriented Entertainers;
I. Prohibiting holes or openings between the interior spaces of Individual Viewing
Areas is likely to reduce the opportunity for the occurrence of illegal sexual activity between the
occupants of Individual Viewing Areas;
J. Prohibiting the occupancy of more than one person in an Individual Viewing Area
at any time is likely to reduce the opportunity for the Individual Viewing Area to be used for illegal
sexual activity;
K. Prohibiting nudity in Sexually Oriented Business establishments tends to reduce the
secondary effects, which include the proliferation of prostitution, the increase in sexual assaults and
increase in other crimes; and
WHEREAS, while the City Council of the City of La Quinta desires to protect the
rights conferred by the United States Constitution to Sexually Oriented Businesses, it does so in a
manner that ensures the continued and orderly development of property within the City and
diminishes, to the greatest extent feasible, those undesirable secondary effects which the
aforementioned studies have shown to be associated with the development and operation of Sexually
Oriented Businesses; and
WHEREAS, it is not the intent of the City in adopting this Ordinance to suppress any
activities protected by the First Amendment, but rather to enact a content neutral Ordinance which
addresses the secondary effects Sexually Oriented Businesses have on the City; and
WHEREAS, the City staff has determined, pursuant to the California Environmental
Quality Act ("CEQA"), that the proposed Municipal Code amendments are exempt under CEQA
Regulations and recommends filing a Notice of Exemption; and
WHEREAS, the City has previously adopted an Adult Entertainment Business zoning
ordinance in 1992, and
WHEREAS, the City Council has considered the decisions of the United States
Supreme Court regarding local regulation of sexually oriented businesses, including but not limited
to Young v. American Mini -Theaters. Inc., 427 U.S. 50 (1976) re . denied 429 U.S. 873; Renton v.
Playtime Theaters, 475 U.S. 41 (1986) rreh. denied 475 U.S. 1132; FW/PBS. Inc. v. Dallas, 493 U.S.
215 (1990); Barnes v. Glen Theater, 111 S. Ct., 2456 (June 21, 1991); and
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WHEREAS, since the adoption of the 1992 Ordinance the courts have decided SMWI
v. County of Los Angeles (1994) 211 Cal.App.3d 188; Topanga Press v. City of Los Angeles (C.A.
9, Cal. 1994) 989 F.2d- 1524; and Dease v. City of Anaheim (C.D. Cal.) 826 F.Supp. 336, all of
which collectively call into question some provisions of the City's Sexually Oriented Entertainment
Business zoning ordinance; and
WHEREAS, in Barnes v. Glen Theaters. Inc. (1991) 111 S.Ct., 2456, 115 L.Ed, 2d
504, the court found it to be constitutionally permissible to prohibit public nudity, including public
nudity within Sexually Oriented Business establishments, in part due to the secondary effects
associated with public nudity in Sexually Oriented Business establishments which secondary effects
include, but are not limited to, the increase in prostitution, increase in sexual assaults, and the
attraction of other criminal activity; and
WHEREAS, prior to the adoption of this Ordinance, the City reviewed detailed
studies prepared by other jurisdictions regarding the detrimental social and economic effects on
persons and properties immediately surrounding established Sexually Oriented Businesses which
include Sexually Oriented Business establishments which permit and/or provide public nudity or the
performance by persons who disrobe to the point of only being clad in pasties and a "G" string; and
WHEREAS, without a proper Sexually Oriented Business zoning ordinance in place,
an Sexually Oriented Business could legally be permitted to operate in the absence of any
regulations, causing the City and its people to incur the secondary effects associated with the
operation of such businesses as discussed above;
WHEREAS, the City has recently received inquiries regarding the establishment of
Sexually Oriented Businesses in the City's AE Overlay Zone as well as in areas adjacent to school
uses; and
. WHEREAS, Government Code Section 65858 authorizes the City to adopt an
urgency measure to regulate uses which may be in conflict with a contemplated zoning proposal
which the legislative body, Planning Commission or Planning Department is considering or studying
or intends to study within a reasonable time; and
WHEREAS, the City adopted on June 20, 1995, as Ordinance 267, immediately
revising the Zoning Code and adding a new Chapter 5.80 to the Municiple Code Update, the
regulations of Sexually Oriented Businesses; and
WHEREAS, the City has continued to studying the adoption of a new Sexually
Oriented Business Zoning Ordinance and has sent out and received questionnaires and public
comment related to additional revisions to the regulations of Sexually Oriented Businesses; and
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NOW, THEREFORE, the City Council of the City of La Quinta hereby ordains as
follows:
SECTION 1: Pursuant to the City of La Quinta's CEQA Procedures and Article VI of the
State CEQA Guidelines, it has been determined that the adoption of this ordinance is exempt under
section 15061 (b)(3) and 15269 of the State CEQA Guidelines. Therefore, a Notice of Exemption
has been prepared according to CEQA. The City Council, having final approval authority over this
project, has reviewed and considered the information contained in the Notice of Exemption.
Furthermore, the City Council has exercised its own independent judgment in reaching the above
conclusion. The City Council therefore approves the Notice of Exemption.
SECTION 2: Chapter 5.80 La Quinta Municipal Code is hereby revised to read in its
entirety as set out in Exhibit "A" attached hereto and incorporated herein by this reference.
SECTION 3: Chapter 9.154 of the zoning ordinance of the City of La Quinta is revoked in
its entirety and a new Chapter 9.154 is enacted as set out in Exhibit "B" attached hereto and
incorporated herein by this reference.
SECTION 4: Should any section, subsection, clause, or provision of this Ordinance for any
reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect
the validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly
declared that this Ordinance, and each section, subsection, sentence, clause and phrase hereof would
have been prepared, proposed, approved and ratified irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 5: This Ordinance is an urgency ordinance pursuant to Government Code Section
36937(b). The City Council declares that there is a current and immediately threat to the public
health, safety or welfare and the establishment of Sexually Oriented Businesses in the absence of
appropriate regulations to reduce, to the greatest extent possible, the secondary effects associated
with Sexually Oriented Businesses constitutes.that threat to the public health, safety or welfare as
referenced in the recitals above.
APPROVED, ADOPTED AND SIGNED this 18tlday of July , 1995, by the following
vote:
AYES: Council Members Bangerter, Cathcart, Perkins, Sniff,
Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
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Ordinance 270
JOHN PVRA, Ma r
City of La Quinta, California
AT ST:
AUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
DAWN C. HONEYWELL, City Attorney
City of La Quinta, California
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Ordinance 270
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF LA QUINTA )
I, , City Clerk of the City of La Quinta, California, do hereby
certify that Ordinance No. was regularly introduced at the meeting of
, 1995, the reading in full thereof unanimously waived, and was adopted
at a regular City Council meeting held on the day of , 1995, by the
following vote:
SAUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
ORDDRFT.053 10
Ordinance 270
EXHIBIT "A"
CHAPTER 5.80
SEXUALLY ORIENTED BUSINESS
Section 5.80.010 Purse.
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 section to impose limitations or restrictions on the content
of any communicative material. Similarly, it is neither the intent, nor effect of this section to restrict
or deny access by adults to Sexually Oriented Materials or Merchandise protected by the First
Amendment, or to deny access by the distributors of Sexually Oriented Business to their intended
market.
Nothing in this Section is intended to authorize, legalize or permit the establishment,
operation or maintenance of any business, building or use which violates any City ordinance or any
statute of the State of California regarding public nuisances, unlawful exposure, sexual conduct,
lewdness or obscene or harmful matter or the exhibition or public display thereof.
Section 5.80.020 Definitions.
"Sexually Oriented Bookstore", "Sexually Oriented Novelty Store", and "Sexually
Oriented Video Store": 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 a 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 Cabaret": A nightclub, bar, lounge, restaurant or similar
establishment or concern which features as a regular and substantial course of conduct, any type of
live entertainment, films,. motion pictures, videos, slides, other photographic reproductions, or other
oral, written, or visual representations which are characterized by an emphasis on matter depicting,
describing or relating to Specified Sexual Activities or Specified Anatomical Parts.
"Sexually Oriented Entertainer": A person who for any form of consideration or
gratuity performs or appears in performances which are characterized by the emphasis in specified
anatomical areas or specified sexual activities.
"Sexually Oriented Hotel/Motel": A motel, hotel or similar commercial
establishment which (1) offers public accommodations, for any form of consideration, which
provides patrons with closed-circuit television transmi65Y6Yk)fUzns, motion pictures, video cassettes,
slides or other photographic reproductions which are characterized by the depiction or description
of "Specified Sexual Activities" or "Specified Anatomical Areas" and which advertises the
availability of this sexually -oriented type of material by means of a sign visible from the public
right-of-way, or by means of any off -premises advertising including, but not limited to, newspapers,
magazines, pamphlets or leaflets, radio or television; or (2) offers a sleeping room for rent for a
period of time less than 10 hours; or (3) allows a tenant or occupant to sub -rent or let others use the
sleeping room for a time period of less than 10 hours.
"Sexually Oriented Model Studio": Any premises where there is furnished, provided
or procured a figure model or models who pose in any manner which is characterized by its emphasis
on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical
Parts where such model(s) is being observed or viewed by any person for the purpose of being
sketched, painted, drawn, sculptured, photographed, filmed, or videotaped for a fee, or any other
thing of value, as a consideration, compensation, or gratuity for the right or opportunity to so observe
the model or remain on the premises. 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 Arcade": 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 still picture, 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 Theater": 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.
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"Employee": A person over eighteen years of age who renders any service, or
performs in connection with the operation of an 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.
"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 Businesst; or
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 that 15%.
"Escort": 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": 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.
"Live Art Class": Any premises on which all of the following occur: there is
conducted a program of instruction involving the drawing, photographing, or sculpting of live
models exposing Specified Anatomical Parts; instruction is offered in a series of at least 2 classes;
the instruction is offered indoors; an instructor is present in the classroom while any participants are
present; and per -registration is required at least 24 hours in advance of participation in the class.
"Operator": The owner, permit holder, custodian, manager, operator or person in
charge of any permitted or licensed premises.
"Permittee": The person to whom a permit has been issued pursuant to this Chapter.
"Sexually -Oriented Business": Any business establishment or concern which as a
regular and substantial course of conduct performs as an 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
ORDDRFT.053 13
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establishment or concern which as a regular and substantial course of conduct sells or distributes
Sexually Oriented Merchandise or Sexually Oriented Material; or any other business establishment
or concern which as a_ regular and substantial course of conduct offers to its patrons products,
merchandise, services or entertainment characterized by an emphasis on 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 (33%) 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; or
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 an Sexually Oriented
Bookstore. Such other business purposes will not serve to exempt such establishments from being
categorized as an 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.
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 Material": Any element of Sexually Oriented Merchandise, or any
book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video, or other
written, oral, or visual representation which, for purposes of sexual arousal, provides depictions
which are characterized by an emphasis on matter depicting, describing, or relating to Specific
Sexual Activities or Specified Anatomical Parts.
"Sexually Oriented Merchandise": Sexually oriented implements and paraphernalia,
such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa
balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas,
and similar sexually oriented devices which are designed or marketed primarily for the stimulation
of human genital organs or sado-masochistic activity.
"Specified Anatomical Parts":
a. Less than completely and opaquely covered human genitals; pubic
region; buttocks; or female breast below a point immediately above the top of the areola; or
b. Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
"Specified Criminal Acts" shall mean acts which are sexual crimes against children,
sexual abuse, rape, crimes connected with another Adult establishment including, but not limited to,
distribution of obscenity or material harmful to minors, prostitution, pandering, or distribution or
sale of illegal drugs.
"Specified Sexual Activities":
a. Actual or simulated sexual intercourse, oral copulation, anal
intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals,
flagellation or torture in the context of a sexual relationship, or the use of excretory function in the
context of a sexual relationship, any of the following depicted sexually oriented acts or conduct:
anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia,
piquerism, sapphism, zooerastia; or
b. Clearly depicted human genitals in a state of sexual stimulation,
arousal or tumescence; or
C. Use of human or animal ejaculation, sodomy, oral copulation, coitus,
or masturbation; or
d. Fondling or touching of nude human genitals, pubic region, buttocks
or female breast; or
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e. Masochism, erotic or sexually oriented torture, beating or the infliction
of pain; or
f. Erotic or lewd touching, fondling or other sexually oriented contact
with an animal by a human being; or
g. Human excretion, urination, menstruation, vaginal or anal irrigation;
or
h. Striptease is 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.
following:
"Transfer" of an Sexually Oriented Business means and includes any of the
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 possession the ownership of control.
Section 5.80.025 Permit Required.
Prior to the Establishment or Transfer of an Sexually Oriented Business the owner
of the business shall obtain both an Sexually Oriented Business Permit and a Business License from
the City of La Quinta. It is unlawful for any person, association, partnership or corporation to
engage in, conduct, carry on, or to permit to be engaged in, conducted or carried on, in or upon any
premises within the City, the business of an Sexually Oriented Business, or be engaged as a Sexually
Oriented Entertainer, as herein defined, without possessing a permit issued pursuant to the provisions
of this chapter for each and every separate office or place of business conducted by the above. The
permit fee required hereby shall be in addition to any other license, permit or fee required under any
of the provisions of this code.
Neither the filing of an application for the permit, nor payment of any other license,
permit or fee required under any other provision of this code, shall authorize the engaging in,
conducting or carrying on of an Sexually Oriented Business, or as a Sexually Oriented Entertainer.
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Section 5.80.030 Application Requirements.
The property owner, or authorized agent of the property owner, is eligible to request
an Sexually Oriented Business Permit. The application fee for any Sexually Oriented Business
permit shall be eight hundred thirty-five dollars ($835.00) and is non refundable and shall be used
to defray the cost of investigation, processing and hearing as set forth herein. The application fee
for 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 (30) days prior to the expiration date. The renewal application fee
for a Sexually Oriented Entertainment Permit shall be one hundred dollars. The renewal application
fee for an Adult Entertainer shall be twenty-five dollars. Said renewal applications fees are
nonrefundable and shall be used to defray the cost of investigation and processing the renewal
applications. The fees set forth herein shall be in effect until the City Council shall be resolution fix
some other rate based upon a cost factor.
The following information is required at the time an Sexually Oriented Business
Permit is submitted to the Community Development 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 non-refundable deposit or fee as set forth by ordinance or resolution of the City
Council.
The application shall include the following information:
C. Any person, association, partnership or corporation desiring to obtain a business
license tax certificate and a permit for an Sexually Oriented Business shall make an application,
under oath, to the City Manager upon a form provided by the City Manager showing:
l . The name, including any aliases current permanent residential address and
telephone number of the applicant;
2. The business name, proposed business address of the Sexually Oriented
Business establishment and its telephone number;
a. If the applicant is a corporation, the name shall be exactly as set forth
in its articles of incorporation and it shall provide a copy of its articles of incorporation. The
applicant shall show the name and residence address of each of the officers, directors and each
stockholder owning 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 establishment. The
application shall show that the corporation is in good standing under the laws of California.
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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 accompanied by
a notarized statement from the owner or record of the real property acknowledging that an 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 date, 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 such offense, the date of conviction, place convicted and the
sentence received therefor.
8. Whether or not the applicant has ever had any similar license or permit issued
by such agency revoked or suspended, or has had any professional or vocational license or permit
revoked or suspended, and the reasons therefor, and the business activity or occupation subsequent
to such action of suspension or revocation. If the applicant is a corporation, this requirement applies
to each of the officers, directors and/or stockholders owning not less than ten percent of the stock
of the corporation. If the applicant is a partnership, this requirement applies to each of the partners,
including limited partners;
9. Driver's license or other acceptable identification and social security number
of the applicant. If the applicant is a corporation, this requirement applies to each of the officers,
directors, and/or stockholders owning not less than ten percent of the stock of the corporation. If the
applicant is a partnership, this requirement applies to each of the partners, including limited partners;
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10. Acceptable written proof that the applicant is at least eighteen years of age.
If the applicant is a corporation, this requirement applies to each of the officers, directors and/or
stockholders owning ten percent or greater of the stock of the corporation. If the applicant is a
partnership, this requirement applies to each of the partners, including limited partners;
11. The height, weight, color of eyes, color of hair and date of birth of the
applicant. If the applicant is a corporation, this requirement applies to each of the officers, directors
and/or stockholders owning ten percent or greater of the stock of the corporation. If the applicant
is a partnership, this requirement applies to each of the partners, including limited partners;
12. The business, occupation or employment history of the applicant for the last
five year period immediately preceding the date of the filing of the application. If the applicant is
a corporation, this requirement applies to each of the officers, directors, and/or stockholders owning
ten percent or greater of the stock of the corporation. If the applicant is a partnership, this
requirement applies to each of the partners, including limited partners;
13. Each residence and business address of the applicant for the five year period
immediately preceding the date of the filing of the application. If the applicant is a corporation, this
— requirement applies to each of the officers, directors and/or stockholders owning ten percent or
greater of the stock of the corporation. If the applicant is a partnership, this requirement applies to
each of the partners, including limited partners;
14. One front -faced portrait photograph of the applicant at least two inches by two
inches in size shall be taken by the Sheriffs Department. If the applicant is a partnership, one front -
face portrait photograph at least two inches by two inches in size of each partner, including limited
partners in the partnership shall be taken by the Sheriff s Department;
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;
17. A description of any other business to be operated on the same premises or
on adjoining premises owned or controlled by the applicant. If the applicant is a corporation, this
requirement applies to each of the officers, directors and/or stockholders owning not less than ten
percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to
each of the partners, including limited partners;
18. Authorization for the City, it agents and employees to seek information and
conduct an investigation into the truth of the statements set forth in the application and the
qualifications of the applicant for the permit;
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19. Such other identification and information necessary to discover the truth of
the matters required to be set forth in the application;
20. Applicant must furnish for any person whose name is required to be given in
subsection 6 the information requested by subsections 1, 9, 10, 11, 12, 13, 14, 16, 18, and 19.
21. A sketch or diagram showing the configuration of the premises, including a
statement of total floor space occupied by the business. The sketch or diagram need not be
professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions
of the interior of the premises to an accuracy of plus or minus six (6) inches;
22. A current certificate and straight-line drawing prepared within thirty (30) days
prior to application by a California registered land surveyor depicting the property lines and the
structures containing any established existing uses regulated by this Chapter within one thousand
five hundred (1,500) 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 areas for
residential purposes (e.g., SR, R-1, R-2, R-3, H-C, R-T inclusive unless amended from time to time)
within one thousand five hundred (1,500) feet of the property. For purpose of this Section, a use
shall be considered existing or established if it is in existence at the time an application is submitted.
D. The holder of the permit for an 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.
Section 5.80.050 Investigation and Application.
A. Upon receipt of an application properly filed with the City and upon payment of the
non-refundable 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 Sheriff's
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 20 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 Sheriff's
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
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Sheriff s Department shall not be required to approve or disapprove applications. For this purpose,
the Sheriff s Department is specifically authorized by the City Council pursuant to California Penal
Code §§11105 and 13300 to obtain such information as relates to disqualifying criminal convictions
for licensing purposes, as specified in § 120.05(C)(1)O) 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.
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.
Section 5.80.060 Findings/Requirements.
The City Director of Community Development shall issue an Sexually Oriented
Business Permit within the later of forty (40) days of receipt of a completed application or ten (10)
days from receipt of the complete investigation report in 5.80.050 if it finds that:
A. The Sexually Oriented Business shall be located in the City's AE Overlay Zone
zoning districts.'
B. The Sexually Oriented Business shall not be located within seven hundred fifty (750)
feet of any residential zone.
C. The Sexually Oriented Business shall not be located within one thousand five hundred
(1500) feet of a school. School means institutions for teaching or caring for minor children e.g.,
child care facilities, preschool, day schools, elementary schools, secondary schools, high schools;
and institutions of higher learning receiving approved graduates of preparatory school, and offering
instructions in art, letters and science, leading to the bachelor's degree or mater's degree (e.g.,
colleges and universities).
' The distance of separation required by Findings B, C, D, E and F shall be made by
using a straight line, without regard to intervening structures or objects, from the 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 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.
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D. The Sexually Oriented Business shall not be located within one thousand five hundred
(1500) feet of any lot upon which there is properly located a public park, recreation area, or public
building; nor within one thousand (1000) feet or 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.
F. The Sexually Oriented Business shall not be located within seven hundred fifty feet
of any business involving on -premise sale of liquor or alcoholic beverages, nor shall it be located
within seven hundred fifty (750) feet of a family -oriented restaurant. (A family -oriented restaurant
shall mean 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 (100') of the ultimate right-of-way of a major, primary or secondary
thoroughfare as defined in the General Plan of the City of La Quinta. 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:
Bookstores and Retail Establishments: 1 parking space/300 sq. ft. of gross floor area
Theaters: 1 parking space/3 seats, if seats are fixed, or 1 parking space/24 sq. ft. of gross floor area
Cabarets: 1 parking space/3 seats, if seats are fixed, or I parking space/35 sq. ft. of gross floor area
Motion Picture Arcade: 1 parking space/Individual Viewing Area plus 1 parking space/employee
Motel/Hotel: 1 parking space/guest room for first 50 rooms; .75 parking space/guest room thereafter
I. The Sexually Oriented Business shall not be located completely or partially within
any mobile structure or pushcart.
J. 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.
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M. The Sexually Oriented Business complies with the development and design
requirements of the zone in which it is to be located.
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.
O. The Sexually Oriented Business shall not allow admittance to any person under the
age of 18 if no liquor is served, or under the age of 21 if liquor is served.
P. With the exclusion of Sexually Oriented Hotels, the Sexually Oriented Business shall
not operate between the hours of 1:00 a.m. and 9:00 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 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 24 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.
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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 32 square feet of floor area with no single dimension being
greater than 8 feet in a public portion of the establishment. No public area, including but not limited
to the interior of any Individual Viewing Area, shall be obscured by any door, curtain, wall, two way
mirror or other device which would 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" shall mean 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 foot-candles, minimally maintained and evenly distributed at ground level:
Bookstores:
Retail Establishments:
Theater:
Cabaret:
Motion Picture Arcade:
Individual Viewing Booths:
Motion Picture Theater:
Motel/Hotel:
20 foot-candles
20 foot-candles
5 foot candles
(except during performances, at which time the
lighting shall be at least 1.25 foot candles)
5 foot candles
10 foot candles in public areas
1.25 foot-candles
10 foot candles
(except during performances at which time the
lighting shall be at least 1.25 foot candles)
20 foot candles in public areas
U. At least one security guard in addition to the manager, is required for every 50 patrons
at Sexually Oriented Businesses providing live entertainment. The manager may act as the security
guard where less than 50 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 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.
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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 (3) feet. "Live Entertainment," for the
purposes of this requirement, shall mean any existent display by a human being which is
characterized by an emphasis on Specified Anatomical Parts or Specified Sexual Activities. The
three (3) feet 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 be 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 catch-all 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 (1) person at any one
time.
CC. No patron shall come into direct or indirect physical contact with any Adult
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 an 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.
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 herein, "minor" means an
individual less than eighteen years of age.
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HH. Commercial businesses licensed or operating within the City shall not display or
exhibit any material in a manner which exposes to public view photographs or illustrations or
specified sexual activities or one or more naked adults in poses which emphasize or direct the
viewer's attention to the subject's genitals. As used herein, "exposes to public view," means exposes
to the view of the person outside the building in which the commercial business is located.
II. The permit required by this chapter shall be displayed in a prominent area.
The City Director of Community Development shall deny the requested
permit in writing if the above findings have not been made and shall state reasons for the
denial.
Section 5.80.070 Permit Duration.
An Sexually Oriented Business Permit shall be valid for a period of one (1)
year from the date of issuance.
Section 5.80.080 Permit Renewal.
An 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 on 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 Director of Community Development 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 Director of Community
Development.
Section 5.80.090 Permits Non -Transferable: 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 an Sexually Oriented Business to another element of an Sexually Oriented
Business shall also render the Permit null and void. Any Sexually Oriented Business Permit
shall only be valid for the exact location specified on the Permit.
ORDDRFT.053 26
Ordinance 270
Section 5.80.100 Enforcement. Suspension. and Revocation.
A. Inspections.
The Permittee shall permit officers of the City of La Quinta, the County of
Riverside, and each of their authorized representatives to conduct unscheduled inspections
of the premises of the 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 Community Development Director, or his/her designee, shall
suspend a permit for a period not to exceed 30 days if he/she 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 premise; or
c. Refuse to allow an inspection of Sexually Oriented Business
premise as authorized by this chapter; or
d. Knowingly permitted gambling by any person on the Sexually
Oriented Business premise; 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 5.080.090. In the
event that the City or its designee, suspends a permit on the grounds that a permittee engaged
in a permit transfer contrary to Section 5.80.090, the City or its designee 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
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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 5.80.060Q.
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 Director of Community Development may revoke an Sexually Oriented
Business Permit when he or she discovers that any of the following have occurred:
1. Any of the findings contained in Section 5.80.060 above ceases to be
satisfied and the permit for that Sexually Oriented Business has been suspended pursuant to
Section 5.80.100(B) at any time during the twelve (12) 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" shall mean a viewing area designed
for single occupancy;
5. Any person has been convicted of a sex related offense as a result of
his or her activity on the premises of the 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 Director
of Community Development shall furnish written notice of the proposed revocation to the
permittee. Such notice shall summarize the principal reasons for the proposed revocation,
ORDDRFT.053 28
Ordinance 270
shall state that the permittee may appeal the decision within fifteen (15) calendar days of the
posting or the post -marked date on the notice. The notice shall be delivered both by posting
the notice at the location of the Sexually Oriented Business and by sending the same,
certified mail, return receipt requested and postage per -paid, to the permittee as that name
and address appears on the permit. Not later than fifteen (15) calendar days after the latter
of the mailing or posting of the notice, the permittee may file an appeal of the Director of
Community Development's revocation determination with the City Clerk. If the appeal is
within fifteen (15) calendar days of the mailing or posting of the notice referenced above, an
appeal hearing shall be provided before the City Manager. The City Manager shall hear
evidence the permittee wishes to present as to why the Community Development's
Revocation Decision was in error. The City Manager's decision shall be the City's final
decision and shall not be appealable to the City Council.
E. Reapplication After Revocation.
No person, corporation, partnership or member thereof or any other entity
may obtain an Sexually Oriented Business Permit for a business once its Permit has been
revoked.
Section 5.80.110 Violation and 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 not more than One Thousand Dollars ($1,000.00) for
each offense or imprisoned for not more than six (6) months in the county jail for each
offense, or both. Each day the violation continues shall be regarded as a separate offense for
which the full penalty may be imposed.
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
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 the Municipal Code.
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Ordinance 270
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.
Section 5.80.120 Prohibition Against Nudity.
It shall be unlawful for any person to appear in an 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-C above in an Sexually Oriented Business when such person has ownership or managerial
control over the Sexually Oriented Business.
Section 5.80.130 Expansion of Legal Non -Conforming Uses.
Notwithstanding any other provisions of this code, no Sexually Oriented
Business legally operating prior to the effective date of this ordinance may be expanded in
any manner unless and until the entire Sexually Oriented Business complies in all respects
with the provisions of this Chapter 5.80 and/or any other provisions of the code pertaining
to the operation of the business. For the purposes of this section, the term "expansion" shall
include any physical expansion of the facility in which the 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 this
ordinance 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.
ORDDRFT.053 30
Ordinance 270
EXHIBIT "B"
CHAPTER 9.154
SEXUALLY ORIENTED BUSINESS OVERLAY ZONE
Section 9.154.010 Purpose.
A. The City Council finds that Sexually Oriented Businesses, by their nature,
have objectionable secondary effects upon adjacent areas. The purpose of this chapter is to
ensure that these adverse effects will not contribute to the blighting or downgrading of the
surrounding neighborhoods, to prevent crime associated with Sexually Oriented Businesses
as defined in Section 5.80.020, to maintain the integrity of residential neighborhoods, to
protect minors from the secondary effects of Sexually Oriented Businesses, to protect retail
trade occurring adjacent to Sexually Oriented Businesses, to maintain property values within
the city, and to protect and preserve the quality of life within the city.
B. It is not the intent of this chapter, and this chapter shall not be so construed,
to suppress, regulate or affect in any way the content of communication or expression
associated with Sexually Oriented Businesses.
C. The City Council finds that this chapter allows the establishment of Sexually
Oriented Businesses at a reasonable number of locations within the city.
D. The City Council finds that the establishment of Sexually Oriented Business
Overlay Zone best provides the means to adequately regulate Sexually Oriented Business
uses in the overall land use plan of the city.
Section 9.154.020 Permit Required.
Prior to establishment or transfer of a Sexually Oriented Business all
provisions of Chapter 5.80 of the Municipal Code shall be met including obtaining the
required permit.
Section 9.154.030 Delineation of SOB Zone Boundaries.
A. Areas of the City hereby designated as being within the Sexually Oriented
Business (SOB) Overlay Zone are those parcels located in whole or in part within six
hundred feet from the centerline of State Highway 111.
B. The zoning designation for the parcel shall constitute the base or underlying
zone and the SOB designation shall constitute an overlay zone. In the event of conflicting
provisions between the underlying zone and the SOB overlay zone regulations, the
requirements and restrictions of the SOB overlay zone shall take precedence over the
requirements of the underlying zone.
ORDDRFT.053 31
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. 270 which was introduced
and adopted at a regular meeting held on the 18th day of July as an urgency measure.
I further certify that the foregoing ordinance was posted in three (3) places within the City of
La 'nta as specified in a resolution of the City Council.
AUNDRA L. J OLA, 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 e foregoing Ordinance was posted on July 27, 1995 pursuant to City Council Resolution.
SAUNDRA L. JUHOLA, City Clerk
City of La Quinta, California