HomeMy WebLinkAbout1505 - ORDINANCES - 3/15/1995 ORDINANCE NO. 1505
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING A VEGATIVE DECLARATION
AND ADDING ANEW CHAPTER 5.77 TO THE CODE OF THE CITY OF
PALM SPRINGS, AMENDING SECTIONS 9215 .01, SUBSECTION A;
9216. 01, SUBSECTION A; 9217 . 01, SUBSECTION A; AND 9217- '
1. 01, SUBSECTION A TO THE ZONING ORDINANCE OF THE CITY OF
PALM SPRINGS, AND RnPEALING SECTIONS 9100. 01, SUBSECTION
A. 9; 9214 . 01, SUBSECTION D.2 ; 9215. 01, SUBSECTION D. 1;
9216. 01, SUBSECTION D. 1; 9217. 01, SUBSEC"(iON D. 1; RID
9402 . 00, SUBSECTION U.1
WHEREAS, the City Council of the City of Palm Springs wishes
to promote the City of Palm Springs's great interest in protecting
and preserving the quality of the residential, commercial and
industrial areas of the City, and the quality, of life through
effective land use planning; and
WHEREAS, the City Council of the City of Palm Springs believes
as true the studies conducted in the cities of Austin, Texas;
Biloxi, Mississippi; Garden Grove, California; Indianapolis,
Indiana; Los Angelus, California; and Phoenix, Arizona which show
Adult-Oriented Businesses cause secondary impacts which degrade the
areas of the City in which they are located, cause a blighting
effect on the City, and increase crime in general, and sex related
crimes in particular, in the vicinity of the Adult oriented
Business; 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 Adult oriented
Businesses. These studies included those prepared by the cities of
Austin, Texas; Biloxi, Mississippi; Indianapolis, Indiana; Garden
Grove, California; Los Angeles, California ; and Phoenix, Arizona;
and
WHEREAS, the City Council of the City of Palm Springs believes
the following statements are true, in part based upon its under-
standing of the experiences of cities such as Austin, Texas;
Biloxi, Mississippi; Garden Grove, California; Indianapolis,
Indiana; Los Angeles, California; and Phoenix, Arizona:
A. Crime rates are higher in residential areas surrounding
Adult Oriented Businesses than in commercial or Indus-
trial areas surrounding Sexually Oriented Businesses;
B. Areas within close proximity of single and multiple
family dwellings should be free of Adult oriented
Businesses;
C. Adult Oriented Businesses should not be located in areas
of the City which are in the vicinity of residential
uses, religious institutions,, parks and schools;
D. The image of the City of Palm Springs as a pleasant and '
attractive place to reside will be adversely affected by
the presence of Adult Oriented Businesses in close
proximity to residential uses, religious institutions,
parks and schools;
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Ord. No. 1505
E. The existence of Adult Oriented Businesses in close
proximity to residential areas has been shown in some
cities to reduce the property values in those residential
areas;
F. Locating Adult Oriented Businesses on main commercial
thoroughfares of the City would be detrimental to the
' City and its citizens because the documented secondary
effect of the operation of Adult Oriented Businesses,
such as increased sexually oriented crime, decreased
property values and the diminution of retail business in
areas proximate to such businesses, would result in the
loss of commercial business in those areas, the concom-
mitant decrease in sales tax revenue and City services
and would cause a blighting effect on the commercial
centers of the City;
G. The City Council believes that allowing Adult Oriented
Businesses in the City's C-M, M-1, M-1-P and M-2 zones
is appropriate because such zones include ample acces-
sible real estate including acreage in all stages of
development from raw land to developed, industrial
warehouse, and shopping space that is easily accessible
by freeways, highways and .roads. Prohibiting Adult
Oriented Businesses within the City's Commercial Zones is
further justified based on the fact that Adult Oriented
Businesses have been shown to reduce property values and
decrease the patronage of those businesses in close
proximity to the Adult Oriented Businesses;
H. Without the adoption of this Ordinance, Adult Oriented
Businesses might be able to locate anywhere within the
City by right, requiring no permit other than a business
license to operate;
I. A .reasonable regulation of the location of Adult oriented
Businesses protects the image of the community and its
property values and protects its residents from the
adverse secondary effects of such Adult Oriented
Businesses, while providing those who desire to patronize
Adult Oriented Businesses an opportunity to do so in
appropriate areas within the City;
S. Regulations for Adult Oriented Businesses should be
developed to prevent deterioration and/or degradation of
the vitality of the community before the problem exists,
rather than waiting for a problem to be created;
K. Adult Oriented Businesses should be regulated by develop-
ing zoning which will separate such land uses from other
incompatible uses;
L. neither City experience nor any of the aforementioned
studies reviewed by the City have demonstrated that
clothing optional Hotels/Motels which do not operate as
Adult Hotels/Motels cause any of the secondary effects
discussed above; and
' M. Crime rates significantly increase when Adult Oriented
Businesses are established within close proximity to
other Adult Oriented Businesses .
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WI'EREAS, the aforementioned studies show that sex-related
offenses are included within the category of secondary effects
caused by unregulated or underregul.ated Adult Oriented Businesses;
and
WHEREAS, the City Council believes that persons who have been
convicted of sex-related offenses have shown a propensity to commit
such offenses and should not be permitted to operate Adult Oriented '
Businesses for two (2) years after such cony%.ction. This is
because the sexually oriented nature of the business creates an
increased opportunity for the ccmmission of sex-related offenses by
persons who have exhibited a propensity for the commission of such
offenses; aDd
WHEREAS, the City Council believes as true the documents and
judicial decisions in the public record established and submitted
in conjunction with this Ordinance which demonstrate that various
operational practices of Adult Oriented Businesses (as that term is
defined in Section 5 . 77. 010 of the Palm Springs 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 established and sub-
mitted with this Ordinance:
A. Evidence indicates that some dancers, models, entertain-
ers, and other person_, who publicly perform Specified
Sexual Activities or publicly display Specified Anatom-
icalParts in Adult Oriented Businesses (as those terms
are defined in Section 5 . 77 . 010) (collectively referred
to as "Performers") have been found to engage in sexual
activities with patrons of Adult Oriented Businesses on
the site of the Adult Oriented Business ;
B. Evidence has demonstrated that Performers employed by
Adult Oriented Businesses have been found to offer and
provide private shows to patrons who, for a price,, are
permitted to observe and participate with the Performers
in live sex shows;
C. Evidence indicates that Performers at Adult Oriented
Businesses have been found to engage in acts of prosti--
tution 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;
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Ord. No. 1505
F. Individual Viewing Areas have been found to be unsanitary
due to the existence of semen, saliva, and blood on the
walls and floors of the Individual Viewing Areas;
G. Medical science has found that: (1) certain Sexually
Transmitted Disease ("STD") have a potential life span of
2-3 hours outside the human body; (2) -the existence of
' certain bodily fluids on the walls and floors of the
Individual Viewing Areas can facilitate the transmission
of STDs; and (3) the practice of individuals having
anonymous and/or unprotected sexual relations in
Individual Viewing Areas can facilitate the transmission
of STDs;
H. Poorly lit or unlit areas of Adult Oriented Businesses
provide a location for people to engage in illegal sexual
activities;'
I. Police agencies have determined that some Adult Oriented
Businesses and the operators thereof have been found to
be directly engaged in (as well as aid and abet) criminal
and illegal sexual activity. Such individuals also have
been known to use aliases;
J. Many jurisdictions have found that Adult Oriented Busi-
nesses generate excessive noise and disorderly conduct,
particularly at the closing time of the Adult Oriented
Business, which creates an adverse noise public safety
impact on surrounding businesses and communities; and
WHEREAS, the experiences of the cities of Palm Springs and
Huntington Beach, California, indicate that disorderly conduct is
likely to occur when crowds which are under the influence of
alcohol become involved in sexually oriented activities; and
WHEREAS, while the City Council desires to protect the rights
of those who provide adult oriented entertainment, it desires to do
so in a manner which decreases, to the greatest extent feasible,
the undesirable secondary effects associated with such entertain-
ment; 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 Clearks office, the City Council finds as follows.
A. The City has an interest in ensuring that individuals
who operate Adult Oriented Businesses have not been
convicted of certain criminal offenses, particularly
sexually related offenses. The application requirements
contained in Chapter 5 . 77 of the Palm Springs Municipal
Code further that interest;
B. Requiring the presence of one (1) security guard for
every 200 patrons at Adult Oriented Businesses providing
live entertainment is likely to reduce the disorderly
conduct and illegal activity observed to occur at Adult
Oriented Businesses in other jurisdictions;
' C. Requiring Adult Oriented Businesses to close at 1. 00 a.m.
is likely to reduce the early morning criminal activity
occurring at and near Adult oriented Businesses and is
likely to eliminate the existence of excessive noise and
disorderly conduct in and around the community in the
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Ord. No. 1505
early hours of the morning;
D. The requirement that Adult Oriented Businesses only allow
performances which are characterized by Specified Sexual
E.cts or future Specified Anatomical Parts such that
patrons not be permitted within 6 feet of the Performers
is likely to reduce the opportunities for illegal sexual
activity to occur between Performers and patrons, and is '
particularly likely to reduce the opportunity for such
illegal sexual activity to occur at the Adult Oriented.
Busln::so;
E. Requiring Performers in Individual Viewing Areas to be
completely separated from patrons by a floor to ceiling
plexiglass or other clear, permanent barrier is likely to
reduce the opportunity for illegal sexual activity to
occur between Performers and patrons and reduce the
possibility of the transmission of sexually transmitted
diseases between Performers and patrons;
F. Requiring the entire interior portion of Individual
Viewing Areas to be visible from aisles and public areas
of the Adult Oriented Business is likely to reduce the
opportunity for illegal sexual activity to occur within
the Individual Viewing Area;
G. Requiring areas within Adult oriented Businesses to be
minimally illuminated to the standards contained in
Chapter 5. 77 is likely to reduce the opportunity for the
occurrence of illegal sexual activity in dark portions of
Adult Oriented Businesses;
H. Prohibiting any physical contact between Performers and ,
patrons of Adult: Oriented Businesses is likely to reduce
the opportunity for the occurrence of illegal sexual
activity between patrons and Performers;
I. Prohibiting holes or openings between -the interior spaces
of Individual 'Viewing Areas is likely to reduce the
opportunity for the occurrence of illegal sexual. activity
between the occupants of Individual Viewing Areas;
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 patrons of Adult Oriented Businesses from
offering payments or gratuities and prohibiting
Performers from accepting the same is likely to reduce
the opportunity for illegal sexual activity to occur
between patrons and Performers; and
WHEREAS, while the City Council of the City of Palm Springs
desires to protect the .rights conferred by the United States
Constitution to Adult Oriented Businesses, it does so in a manner
that ensures the continued and orderly development of property
within the City and diminishes, to the greatest extent feasible, '
those undesirable secondary effects which the aforementioned
studies have shown to be associated with the develo?)ment and
operation of Adult Oriented Businesses; and
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Ord. No. 1505
WHEREAS, it is not the intent of the City in adopting this
Ordinance to suppress any activities protected by the First
Amendment, but rather to enact a content neutral Ordinance which
addresses the secondary effects Adult oriented Businesses have on
the City; and
WHEREAS, the City staff has prepared an initial study pursuant
' to the California Environmental Quality Act ("CEQA") , has deter-
mined that the proposed Specific Plan amendments will not have any
adverse impact on the environment, and accordingly has prepared and
recommends adoption of a Negative Declaration; and
WHEREAS, the City has previously adopted an Adult oriented
Business zoning ordinance in 1988 which was subsequently revised in
3.992 ; and
WHEREAS, since that time the courts have decided Smith v.
County of Los Angeles (1994) 211 Cal.App. 3d 188 ; Topanaa Press v.
CitV 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 collec-
tively call into question some provisions of the City's Adult
Oriented Business zoning ordinance; and
WHEREAS, without a proper Adult Oriented Business zoning
ordinance in place, an Adult Oriented Business could legally be
permitted to operate in the absence of any regulations, causing the
City and its people to incur the secondary effects associated with
the operation of such businesses as discussed above;
WHEREAS, the City has recently received numerous inquiries
regarding the establishment of Adult oriented Businesses in the
City's Central Retail District as well as in areas immediately
' adjacent to residential and school uses; and
WHEREAS, Government Code Section 65858 authorizes the City to
adopt an urgency measure to regulate uses which may be in conflict
with a contemplated zoning proposal which the legislative body,
Planning Commission or Planning Department is considering or
studying or intends to study within a reasonable time; and
WHEREAS, the City has been studying the adoption of a new
Adult Oriented Business zoning ordinance for one year.
NOW, THEREFORE, the City Council of the City of Palm Springs
hereby ordains as follows:
Section 1: Pursuant to the City of Palm Springs's CEQA
Procedures and Article VI of the State CEQA Guidelines, it has been
determined that revisions in the project plans or proposals made by
or agreed to by the applicant before the proposed Negative Declara-
tion has been released for public review would avoid the effects
or mitigate the effects to a point where clearly no significant
effects would occur. This conclusion is based upon the Admini-
strative Record, initial study and comments received during the
public review period. Therefore, a Negative Declaration has been
prepared according to CEQA. The City Council, having final appro-
val authority over this project, has reviewed and considered the
' information contained in the Negative Declaration and the initial
study, and has also reviewed and considered the comments received
during the public review public period prior to the approval of
this Project. Furthermore, the City Council has exercised its own
independent judgment in reaching the above conclusion. The City
Council therefore approves the Negative Declaration.
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Ord. No. 1505
Pursuant to Title XIV,, California Code of Regulations, Section
753 . 5 (c) (1) , the City Council has determined that, after consider-
ing the record as a whole, there is no evidence: that the proposed
project will have the potential for any adverse effect on wildlife
resources or the habitat upon which the wildlife depends. Further-
more, on the basis of substantial evidence, the City Council hereby
finds that: any presumption of adverse impact has been adequately
rebutted. Therefore, pursuant to Fish and Game Code Section 711. 2 '
and Title XIV, California Code of Regulations, Section 753 . 5 (a) (3) ,
the payment of Fish and Game Department filing fees is not required
in conjunction with this project.
Section 2 : A new Chapter 5 .77 is hereby added to the Palm
Springs Municipal Code to read in its entirety as follows:
Chapter 5 .77
Adult: Oriented Business
Sec. 5. 77 . 005 Intent;.
The intent of this Chapter is to regulate Adult
oriented Businesses which, because of their very
nature, are believed to have any of the recognized
significant secondary effects on the community
which include, but are not limited to: depreciated
property values and increased vacancies in residen-
tial and commercial areas in the vicinity of the
Adult Oriented Businesses; higher crime rates,
noise, debris or vandalism in the vicinity of Adult
oriented Businesses; and blighting conditions such
as low level maintenance of commercial premises and '
parking lots which thereby have a deleterious
effect upon adjacent areas. Special regulation
of these uses is necessary to insure that these
adverse effects will- not contribute to the blight-
ing or downgrading of the neighborhoods in the
vicinity of the Adult Oriented Businesses. It is
neither the intent, nor effect of this section to
impose limitations or restrictions on the content
of any communicative, material. Similarly, it is
neither the intent, nor effect of this section to
restrict or deny access by adults to Sexually
Oriented Materials or Merchandise protected by the
First Amendment, or to deny access by the distr_ibu-
to.;-s or exhibitors of Adult oriented Business to
their intended market:.
Nothing in this Section is intended to authorize,
legalize or permit the establishment, operation or
maintenance of any business, building or use which
violates any City ordinance or any statute of the
State of California regarding public nuisances,
unlawful- exposure, sexual conduct, lewdness or
obscene or harmful matter or the exhibition or
public display thereof.
Sec. 5. 77 . 010 Definitions. '
"Adult Bookstore" : Any establishment, which as a
regular and substantial course of conduct, displays
and/or distributes Adult Merchandise, books,
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Ord. No. 1505
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 Speci-
fied Anatomical Parts. (See "Adult Oriented
' Business" for definition of regular and substantial
portion of its business. )
"Adult Cabaret" : A nightclub, bar, lounge, restau-
rant 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 relat-
ing to Specified Sexual Activities or Specified
Anatomical Parts.
"Adult Hotel/Motel" : A motel, hotel or similar
commercial establishment which (1) offers public
accommodations, for any form of consideration,
which provides patrons with closed-circuit tele-
vision transmissions, films, motion pictures, video
cassettes, slides or other photographic reproduc-
tions 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, news-
papers, 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 the sleep-
ing room for a time period of less than 10 hours.
"Adult Model Studio" : Any premises where there is
furnished, provided or procured a figure model or
models who pose i-n any manner which is character-
ized by its emphasis on matter depicting, describ-
ing, 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, sculp-
tured, photographed, filmed, or videotaped for a
fee, or any other thing of value, as a considera-
tion, compensation, or gratuity for the right or
opportunity to so observe the model or remain on
the premises. Adult Model Studio shall not include
any Live Art Class or any studio or classroom which
is operated by any public agency, or any private
educational institution authorized to issue and
confer a diploma or degree under Section 94300
et sec . of the Education Code.
"Adult Motion Picture Arcade" : Any business
establishment or concern containing coin or slug
operated or manually or electronically controlled
still, motion picture or video machines, projec-
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Ord. No. 1505
tars, or other image producing devices that are
maintained to display images to an :individual in
Individual Viewing Areas when those images are
distinguished or characterized by an, emphasis on
matter depicting, describing or relating to Speci-
fied Sexual Activities or Specified Anatomical
Parts.
"Adult-Oriented Business" : Any business establish- '
ment or concern which as a regular and substantial
course of conduct performs as an Adult Bookstore,
Adult Theater, Adult Motion Picture ,Arcade, Adult
Cabaret, Stripper, Adult Model Studio or Adult
Hotel/Motel (but not Clothing Optional Hotel/
Motel) ; any business establishment or concern which
as a regular and substantial course of conduct
sells or distributes Sexually Oriented Merchandise
or Sexually oriented Material; or any other busi-
ness establishment or concern which as a regular
and substantial course of conduct offers to its
patrons products, merchandise, services or enter-
tainment characterized by an emphasis on matters
depicting, describing or relating to Specified
Sexual Activities or Specified Anatomical Parts.
"Adult Oriented Business" does not :include those
uses or activities, the regulation of which is
preempted by state law. "Adult Oriented Business"
shall also include any business establishment or
concern which, as a regular and substantial course
of conduct provides or allows performers, models,
actors, actresses, or employees to appear in any
place in attire which does not opaquely cover
Specified Anatomical Parts. For the purposes of '
this Section, a business establishment or concern
has established the provision of products, merchan-
dise, services or entertainment characterized by
an emphasis on matters depicting, describing or
relating to Specified Sexual Activities or Speci-
fied Anatomical Parts as a regular and substantial
course of conduct when one or more of the following
conditions exist:
A. The area devoted to Adult Merchandise and/or
Sexually Oriented Material exceeds more than
25 percent of the total display or floor space
area open tc the public;
B. The business establishment or concern presents
any type of. .-Live entertainment which is
characterized by an emphasis on Specified
Sexual Activity or Specified Anatomical Parts
at least six (6) times in any month in any
given year;
C. The business establishment or concern obtains
a significant or substantial_ portion of its
revinu.es or from the sale, rental or lease of
entertainment, material or merchndise charac-
terized by an emphasis on matter depicting,
describing„ or relating to Specified Sexual
Activities or Specified Anatomical Parts or
advertises the availability of the same; or
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Ord. No. 1505
D. The regular and substantial course of conduct
of the business consists of or involves the
sale, trade, display or presentation of
services, products, or entertainment which are
characterized by an emphasis on matter depict-
ing, describing, or relating to Specified
Sexual Activities or Specified Anatomical
Parts.
"Adult Theater" : a business establishment or
concern which, as a regular and substantial course
of conduct, presents live entertainment, motion
pictures, videos, slide photographs, or other
pictures or visual reproductions which are distin-
guished or characterized by their emphasis on
matter depicting, describing, or relating to Speci-
fied Sexual Activities or Specified Anatomical
Parts.
"Clothing Optional Hotel/Motel" : a non-Adult Hotel/
Motel which, in the ordinary course of business,
permits its patrons to be nude in and on those
public areas of the Hotel or Motel property which
are not visible from any public .right-of-way.
A Clothing Optional Hotel shall not include any
Hotel or Motel which provides compensation of any
form or permits any person to accept compensation
of any form for exposing specified Anatomical Parts
or engaging in Specified Sexual Activities.
"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
pre-registration is required at least 24 hours in
advance of participation in the class.
"Sex Club" : any establishment, including a private
club, which permits persons to engage in Specified
Sexual Activities in any public or semi-public
portion of the establishment or which provides
private rooms to persons for a period of less than
24 consecutive hours in which persons are permitted
to engage in Specified Sexual Activities. For the
purpose of this section, a public or semi-public
portion of an establishment shall mean any portion
of the establishment in which invitees of the
establishment are permitted access and which is not
reserved for the exclusive use of two or fewer
persons for a period of 24 consecutive hours or
Vlore. Rooms provided for-• the exclusive use of more
than two unrelated persons shall be deemed to be
"public" for the purposes of this Ordinance.
"Sexually Oriented Material" : Any element of
Sexually Oriented Merchandise, or any book, peri-
odical, magazine, photograph, drawing, sculpture,
motion picture film, video, or other written, oral,
or visual representation which, for purposes of
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Ord. No. 1505
sexual arousal, provides depictions which are
characterized by an emphasis on matter depicting,
describing, or relating to Specific Sexual Activi-
ties 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, inflat-
able 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 immediate-
ly above the top of the areola; or
b. Human male genitals in a discernibly
turgid state, even if completely and
opaquely covered.
"Specified Sexual Activities" :
a. Actual or simulated sexual intercourse,
oral copulation, anal intercourse, oral-
anal copulation, bestiality, direct
physical stimulation of unclothed geni-
tals, 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, copro--
phagy, coprophilia, cunnilingus, fella-
tio, 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, sodo-
my, oral copulation, coitus, or mastur-
bation; or
d. Fondling or touching of nude human geni-
tals, pubic region, buttocks or female
breast; or
e. Masochism, erotic or sexually oriented
torture, beating or the infliction of
pain; or
f. Erotic or lewd touching„ fondling or
other sexually oriented contact with an
animal by a human being; or
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Ord. No. 1505
g. Human excretion, urination, menstruation,
vaginal or anal irrigation; or
h. Striptease or the removal of clothing to
the point where Specified Anatomical
Parts are not opaquely covered.
' Sec. 5 .77 . 015 Permit Required.
No Adult Oriented Business shall be permitted to
operate, engage in, conduct or carry on business
within the City unless the owner of the business
first obtains both an Adult Oriented Business
Permit and a Business License from the City of Palm
Springs.
Sec. 5.77 . 020 Application Requirements.
The property owner, or authorized agent of the
property owner, is eligible to request an Adult
Oriented Business Permit. A single Adult Oriented
Business Permit shall suffice for the operation of
any Adult Oriented Business within the City.
The following information is required at the time
an Adult Oriented Business Permit is submitted to
the Community Development Department:
A. A completed Adult Oriented Business Permit
application signed by the property owner or
authorized representative.
' B. A non-refundable deposit or fee as set forth
by ordinance or resolution of the City
Council..
C. A Letter of Justification describing the
proposed project and explaining how it will
comply with the findings/requirements con-
tained in Section 5.77 . 030 .
D. All other information as required by City of
Palm Springs Adult Oriented Business Permit
Information Sheet.
Sec. 5.77 . 025 Findings/Requirements.
The City Director of Planning and Building shall
issue an Adult Oriented Business Permit within
thirty (30) days of receipt of a complete appli-
cation if it finds that:
A. The Adult Oriented Business shall be located
in the City's C-M, M-1, M-1-P, and M-2 zoning
districts.'
The distance of separation required by Findings A, 3 and C shall be
made using a straight line, without regard to intervening structures or objects,
from the property line of the lot on which the. Adult oriented Business shall be
located to the nearest property line of the lot upon which is located a residen-
tial use, religious institution, park or school from which the measurement is
being taken is located on the same lot as the Adult Oriented Business, the
distance between the two shall be measured in a straight line between the front
doors of each use without regard to intervening structures or objects.
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Ord. No. 1505
B. The Adult Oriented Business shale_ not be loca-
ted within five: hundred (500) feet of any
residential zone.. 1
C. The Adult Oriented Business shall not be
located within five hundred (500) feet of any
lot upon which there is properly located a,
public park or school or within five hundred '
(500) feet of any lot used by a religious
institution for religious activities at least
four (4) times per week.'
D. The Adult Oriented Business shall not be loca-
ted on any property fronting upon an arterial
or secondary highway as defined in the General
Plan of the City of Palm Springs. 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 contig-
uous boundary.
E. The Adult Oriented Business shall not be
located on property adjacent to another Adult
Oriented Business. For the purpose of this
section, "adjacent property" shall mean
property with a common boundary, excluding
intervening easements and rights-of-way,
whether such rights-of-way are held by the
City in fee or otherwise. By way of example,
an Adult oriented Business shall not be
permitted to operate at a location across the
street from another Adult Oriented Business
if, but for the existence of the street, the '
property lines of the businesses would be
contiguous.
F. The parking requirements for Adult Oriented
Businesses shall be as follows:
Bookstores and retail establishments: 1 parking
space/300 sq. ft. of gross floor area
Theaters: 1 parking space/3 seats, if seats are
fixed, or 1 parking space/24 sq. ft. of
gross floor area
Cabarets: 1 parking space/3 seats, if seats are
fixed, or 1 parking space/.35 sq. ft. Hof
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
G. The Adult Oriented Business ,:shall not: be
located completely or partially within any
mobile structure or pushcart.
H. The Adult Oriented Business shall not stage
any special Events, promotions, festivals, '
concerts or similar events which would
increase the demand for parking beyond the
approved number of spaces for the particular
use.
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Ord. No. 1505
I. The Adult Oriented Business shall not conduct
any massage, tattooing, acupressure, or on the
premises or escort services from the premesis.
J. The Adult Oriented Business shall provide a
security system that visually records and
monitors all parking lot areas. All indoor
' areas of the Adult Oriented Business which are
accessable 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.
K. The Adult oriented Business complies with the
city's sign regulations.
L. The Adult Oriented Business complies with the
development and design requirements of the
zone in which it is to be located.
M. The Adult 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
Adult Oriented Business.
N. The Adult Oriented Business shall not allow
admittance to any person under the age of
18 if no liquor is served, or under the age of
2.1 if liquor is served.
0. with the exclusion of Adult Oriented Hotels,
the Adult Oriented Business shall not operate
between the hours of 1: 00 a .m. and 9 : 00 a.m.
P. Neither the applicant, if an individual, nor
any of the officers or general partners, if
a corporation or partnership, of the Adult
Oriented Business have been found guilty
within the past two (2) years of a misdemeanor
or felony classified by the State as a sex-
related offense and have not violated any of
the provisions of an Adult Oriented Business
Permit or similar permit or license in any
city, county, territory, or state.
Q. The Adult Oriented Business shall provide
separate restroom facilities for male and
female patrons. The restrooms shall be free
from Sexually Oriented Materials and Sexually
Oriented Merchandise. Only one person shall_
be allowed in the restroom at any time, unless
otherwise required by law, in which case the
Adult Oriented business shall employ a rest-
room 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 rest-
room and shall ensure that no person of the
PS2\261\014084-0006\2093623.7 �M/22/95 —1 d—
Ord. No. 1505
opposite sex is permitted in the restroo'm.
R. The interior of the Adult Oriented Business
shall be configured such that:, there is an
unobstructed view of every public area of 'the
premises, including but not limited to the
interior of all Individual Viewing Areas,
from a perminant security station physically
demarked .in the esta.blishement:: 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 severity officer
shall be stationed in the security station at
all. times the lousiness 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, pic-
tures, movies, videos or other presentations.
S. All areas of the Adult Oriented Business shall
be illuminated at a minimum of the following
foot-candles, minimally maintained and evenly '
distributed at ground level:
Bookstores. . . . . . . . . . . . . . .20 foot:-candles
Retail. Establishments. . . . "
Theater. . . . . . . . . . . . . . . . . .5 foot candles except
during performances, at which times the
lighting shall be at least: 1.25 foot
candles
Cabaret. . . . . . . . . . . . . . . . . .
Motion Picture Arcade. . . .10 foot.-candles in
public areas
Individual viewing booths.1.25 Coot-candles
Motion picture theater. . . .10 foot-candles
except during performances at which times
the lighting shall be at least 1.25 foot
candles
Motel/Hotel. . . . . . . . . . . . . . .20 foot-candles in
public areas
T. The Individual Viewing Areas of the Adult
oriented Business shall be operated and main-
tained with no holes, openings or other nneans
of direct visual or physical access between
the interior space of two or more Individual
Viewing Areas.
U. A traffic study has been prepared for the '
Adult Oriented Business in conformance with
industry standards. The ap;olicarit shall
demonstrate that the project will not result
in a reduction :in any roadway level of service
below that level of service designated in the
general plan for that roadway.
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Ord. No. 1505
V. The Adult Oriented Business shall comply with
the Noise Element of the General Plan, Inter-
ior and Exterior Noise Standards and any
mitigation measures necessary to reduce the
project's noise impacts to the City's articu-
lated noise standard.
' W. The Adult Oriented Business shall comply with
all building and construction standards of the
Uniform Building Code, Chapter 24 hereof,
Title 24 of the California Code of Regula-
tions, and all other federal, state and City-
adopted standards for the specific use.
X. Whenever live entertainment is provided,
patrons shall be physically separated from
Performers by a buffer zone of at least six
(6) feet. "Live Entertainment, " for the
purposes of this requirement, shall mean any
existent display by a human being which is
characterized by an emphasis on Specified
Anatomical Parts or Specified Sexual Activi-
ties. This provision shall not apply to
an Individual Viewing Area where the stage
is completely separated from the Individual
Viewing Area by a floor to ceiling permanent,
solid barrier.
Y. No building, premises, structure, or other
facility shall be permitted to contain more
than one type of Adult Oriented Business as
such types of Adult Oriented Business are
' defined in Section 5 .77 . 010 . For the purposes
of this section, the catch-all phrase "Adult
Oriented Business" shall not be considered a
single type of Adult Oriented Business.
Z. No Individual Viewing Area may be occupied by
more than one (1) person at any one time.
AA. No patron shall directly or indirectly pay or
give any gratuity to any Performer and no
Performer shall solicit or accept any gratuity
from any patron.
The City Director of Planning and Building shall
deny the requested permit if the above findings
have not been made.
Sec. 5 .77 . 030 Permit Duration.
An Adult Oriented Business Permit shall be valid
for a period of one (1) year from the date of
issuance.
Sec. 5.77 . 035 Permit Renewal.
An Adult Oriented Business Permit shall be renewed
on a year to year basis provided that the permittee
and the Adult Oriented Business continues to meet
the requirements set forth in this Chapter. A
request for Permit renewal must be accompanied by
a completed Adult Oriented Business Permit appli-
PS2\261\014084-0006\2093623.7 .03122/95 -1 6-
Ord. No. 1505
cation. If said application conforms to the pre-
viously approved application and the Adult Oriented
Business has not changed, the permit shall, be
renewed by the Director of Planning and Building
for another year. Any change or alteration in that
nature or operation of the Adult Oriented Business
will require the renewal to be reviewed by the
Director of Planning and Building. The renewal. fee ,
for an Adult Oriented Business Permit shall be
established by ordinance or resolution of the City
Council,
Sec. 5.77 . 040 Fermits Non=Transferable; Use Specific.
No Adult Oriented Business Permit may be sold,
transferred, or assigned by any pe:rmittee or by
operation of law, to any other person„ group,
partnership, corporation or any other entity.
Any such sale, transfer, or assignment or attempted
sale, transfer, or assignment shall be deemed to
constitute a voluntary surrender of the Permit: and
the Permit shall be thereafter null and void. An
Adult Oriented Business Permit held by a corpora-
tion or partnership is subject to the same rules of
transferability as contained above. Any change in
the nature or composition of the Adult Oriented
Business from one element of. an Adult Oriented
Business to another element of an Adult oriented
Business shall also render the Permit null and
void. An Adult Oriented Business Permit shall only
be valid for the exact location specified on the
Permit.
Sec. 5.77 . 045 Enforcement and Revocation. '
A. Inspeci:ions.
The Permittee shall permit officers of the City of
Palm Springs, the County of Riverside, and each of
their authorized representatives to conduct
unscheduled inspections of the premises of the
Adult Oriented Business for the purpose of ensuring
compliance with the law at any time the Adult
Oriented Business is open for business or occupied.
B. Revocation grounds.
The Director of Planning and Building may revoke an
Adult Oriented Business Permit when he or she dis-
covers 'that any of the following have: occurred;
(1) Any of the findings contained in Section
5. 77 . 025 above ceases to be satisfied;
(2) The application contains incorrect, false
or misleading information;
(3) The applicant is convicted of any felony '
or misdemeanor which is classified as a
sex or sex related offense, any violation
of the City's Zoning Ordinance, any vio-
lation of the City's massage ordinance,
or anv violation of any other adult
P52\261\014004-OOM\2093623.7 a03122/95 -1 7-
Ord. No. 1505
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 occu-
pancy;
(5) Any person has been convicted of a sex
related offense as a result of his or her
activity on the premises of the Adult
Oriented Business; or
(6) Any person or persons has engaged in any
Specified Sexual Activities on the premi-
ses.
C. Revocation Notice.
Upon determining that the grounds for permit revo-
cation exist, the Director of Planning and Building
shall furnish written notice of the proposed
revocation to the permittee. Such notice shall
summarize the principal reasons for the proposed
revocation, shall state that the permittee may
appeal the decision within fifteen (15) calendar
' days of the posting or the post-marked date on the
notice. The notice shall be delivered both by
posting the notice at the location of the Adult
Oriented Business and by sending the same, certi-
fied mail, return receipt requested and postage
pre-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 Planning and Building's
determination with the City Clerk. If the appeal
is filed within fifteen (15) calendar days of the
mailing or posting of the notice referenced above,
the appeal hearing shall be provided as contained
in Subsection D below.
D. Appeal.
Any person aggrieved by a decision of the Director
of Planning and Building under this Chapter may
file an appeal in the manner provided in Chapter
2 . 05 of the Palm Springs Municipal Code, and the
appeal shall be noticed, heard, and decided as
provided therein.
E. Reapplication after Revocation.
No person, corporation, partnership or member
thereof or any other entity may obtain an Adult
Oriented Business Permit for a business once its
Permit has been revoked.
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Ord. No. 1505
Sec. 5. 77 . 050 Violation and Penalty.
(1) Every person, whether acting as an individual
owner, employee of the owner, permittee, or
operator or employee of the permittee,, or
whether acting as a mere helper for the owner,
permittee employer or operator, or whether
acting as a participant or worker in any way, '
who operates or conducts or who participates
in the operation of an unpermitted Adult
Oriented Business, or who violates any provi-
sions of this Chapter, including but not
limited to any ;provision of Section 5. 77 . 025,
shall be guilty of a misdemeanor and shall be
fined not more than one Thousand Dollars
($I, 000 . 00) for each offense or :imprisoned for
not more than six (6) months in the county
jail or each offense, or both. Each day the
violation continues shall be :regarded as a
separate offense for which the full penalty
may be imposed.
(2) Any establishment operated, conducted or main-
tained 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 here-
under, commence an action or actions, proc:eed-
ing 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 cour-ts as may
have jurisdiction to grant such relief as '
will abate or remove such Adult Oriented
Business and. restrain and enjoin any person
from operating, conducting or maintaining such
an establishment contrary to the provisions of
this Chapter.
Sec. 5.77 . 055 Sex Clubs Prohibited.
Sex Clubs, as defined in Section 5 .77 . 010, are
hereby prohibited.
Section 3 : Subsection H 1 of Section 9402 . 00 of the City of
Palm Springs Zoning Ordinance is hereby repealed and of no further
force or effect.
Section 4 : Should any section, subsection, clause, or provi-
sion of this Ordinance for airy 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: Sections 9100. 10, subsection A. 9 , 9214 . 01,
subsection D. 2 , 9215. 01, subsection D. 1, 9216 . 01, subsection D. 1,
9217 . 01, subsection D. 1, and 9202 . 00, subsection 11. 1 are hereby
repealed and of no further force or effect.
rS2\26IX014094-0006\2093623.7 A3/22/95 -1 9-
Ord. No. 1505
Section 6 : Section 9215.01, subsection A of the zoning
ordinance of the City of Palm Springs is hereby amended by adding
"Adult Oriented Ausiness" to the list of permitted uses contained
therein.
Section 7 : Section 92 . 16. 01 of the zoning ordinance of the
City of Palm Springs is hereby amended by adding a new subsection
' A.7 thereto which shall read in its entirety as follows:
.7. ADULT ORIENTED BUSINESS
Section 8: Section 9217 . 01 of the zoning ordinance of the
City of Palm Springs is hereby amended by adding a new subsection
A. 10 to read in its entirety as follows:
. 10. ADULT ORIENTED BUSINESS
Section 9 : Section 9217-1. 01 of the zoning ordinance of the
City of Palm Springs is hereby amended by adding a new subsection
A. 5 to read in its entirety as follows:
. 5. ADULT ORIENTED BUSINESS
Section 10: This Ordinance is an urgency ordinance pursuant
to Government Code Section 65858 and shall take effect immediately
upon its adoption and shall be of no further force and effect
forty-five (45) days from the date of its adoption unless extended
pursuant to Government Code Section 65858 . The City Council
declares that there is a current and immediate threat to the public
health, safety or welfare and the establishment of Adult Oriented
Businesses in the absence of appropriate regulations to reduce, to
the greatest extent possible, the secondary effects associated with
Adult Oriented Businesses constitutes that threat to the public
health, safety or welfare as referenced in the recitals above.
ADOPTED THIS 15th day of March, 1995.
AYES: Members Kleindienst, Lyons, Reller-Spurgin and Mayor Maryanov
NOES: Member Hodges
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
_/City Clerk ! Mayor
ti
REVIEWED & APPROVED
I HEREBY CERTIFY that the foregoing Ordinance 1505 was duly adopted
by the City Council of the City of Palm Springs, California, in a
meeting held on the 15th day of March, 1995, and that same was duly
' published in the DESERT SUN, a newspaper of general circulation on
March 25, 1995.
JUDITH SUMICH
Citv Clerk
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