Chapter 17.50 — SEXUALLY ORIENTED BUSINESSES

A.

The intent and purpose of this chapter is to:

1.

Regulate sexually oriented businesses to promote the health, safety and general welfare of the citizens of the city;

2.

Establish reasonable and uniform regulations to prevent deleterious effects of sexually oriented businesses within the city; and

3.

Discourage and to minimize the opportunity for criminal conduct.

B.

The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials.

C.

The provisions of this chapter are not intended to:

Limit or restrict the content of any communicative materials, including sexually oriented materials;

2.

Restrict or deny access by adults to sexually oriented materials protected by the First Amendment;

3.

Deny access by the distributors and exhibitors of sexually oriented materials protected by the First Amendment;

4.

Deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market; and/or

5.

Condone or legitimize the distribution of obscene or harmful materials to minors.

(Prior code § 066.01)

All specially defined words and phrases concerning sexually oriented businesses, as set forth in Section 5.60.040 of this code shall apply to this chapter and shall be incorporated by this reference as though fully set forth at length.

(Prior code § 066.02)

The establishment of any sexually oriented business shall be permitted only in the particular zones located within the specified area, as set forth in Section 17.50.050 of this chapter, and shall be subject to the following restrictions. No person shall cause or permit the establishment of any of the following sexually oriented businesses within one thousand (1,000) feet of another such business or within one thousand (1,000) feet of any religious institution, school, boys' club, girls' club, or similar existing youth organization,

or public park or recreation area, or any public building regularly frequented by children, or within five hundred (500) feet of any property in the city zoned for residential use. These limitations apply to sexually oriented businesses classified as follows:

A.

Adult arcades;

B.

Adult bookstores;

C.

Adult cabarets;

D.

Adult motels;

E.

Adult motion picture theaters;

F.

Adult novelty stores;

G.

Adult theaters;

H.

Adult video stores; and

I.

Nude model studios.

(Prior code § 066.03)

Distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any sexually oriented business and any religious institution, school, boys' club, girls' club, or similar existing youth organization, or public park or recreation area or public building regularly frequented by children or any properties zoned for residential use shall also be measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where sexually oriented business is conducted, to the nearest property line of the premises of a religious institution, public or private elementary or secondary school, or the nearest boundary of an affected public park or recreation area, public building regularly frequented by children, residential district, or residentially zoned lot.

(Prior code § 066.04)

Sexually oriented businesses shall be permitted only in the "C-T (commercial tourist) and "C-G" (commercial general) zones located within the entertainment area plan, which plan is more particularly defined as all property with a general plan land use designation of "entertainment commercial" and bordered by Avenue 44 to the north, Coachella Valley Stormwater Channel to the south, the All American Canal to the east and Harrison Street to the west. Permits for sexually oriented businesses shall be required and governed by the procedures and policies specified in Chapter 5.60 of this code.

(Prior code § 066.05)

A.

Operation Outside of Permitted Area. It is unlawful for any person to operate or cause to be operated a sexually oriented business outside of the permitted zones within the Entertainment Area Plan, as specified in Section 17.50.050 of this Chapter.

B.

Operation In Violation of Distance Requirements.

1.

It is unlawful for any person to operate or cause to be operated a sexually oriented business within 1,000 feet of: (a) any religious institution; (b) any school; (c) any public park or recreation area; (d) any boys' club, girls' club, or similar existing youth organization; (e) any public park or recreation area or public building regularly frequented by children; and (f) another sexually oriented business, which, as classified in this Section shall include, any adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult novelty store, adult theater, adult video store, or nude model studio.

2.

It is unlawful for any person to operate or cause to be operated a sexually oriented business within five hundred (500) feet of any residential zone.

3.

It is unlawful for any person to cause or permit the operation, establishment, or maintenance of more than one sexually oriented business within the same building, structure, or portion thereof, or to cause the substantial increase of floor areas of any sexually oriented business in any building structure or portion thereof containing another sexually oriented business.

C.

Public Nuisance. A violation of Subsections A and B of this section by any person responsible for committing, causing, or maintaining such violation shall constitute a public nuisance which shall be subject to the nuisance abatement provisions of Section 3.10.010 of this code.

D.

Additional Remedies. Nothing in this chapter shall prevent or restrict the city from taking such other lawful action as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, a civil nuisance abatement or equitable action for injunctive relief, or an action at law for damages in any court of competent jurisdiction.

E.

Defenses to Prosecution Under this Section. It is a defense to prosecution under this Section if a person appearing in a state of nudity did so in a modeling class operated:

1.

By a college, junior college, or university supported entirely or partly by taxation;

2.

By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

3.

In a structure:

a.

Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing,

b.

Where, in order to participate in a class, a student must enroll at least three days in advance of the class, and

c.

Where no more than one nude model is on the premises at any one time.

(Prior code § 066.06)

(Ord. No. 1098, § 40, 12-14-16)

A.

Non-conforming uses: Any sexually oriented business operating on or before the day immediately prior to the effective date of this section and in violation of Section 17.50.010 through Section 17.50.060 of this chapter shall be deemed a nonconforming use. A nonconforming use will be permitted to continue for a two year period from the effective date of this section codified in this chapter with possible extensions for extenuating circumstances to be granted by the city council only upon a convincing showing of extreme financial hardship. Such extensions shall not exceed a total of three years in addition to the initial amortization period. Such an amortization period has been found to be valid in Lydo Enterprises, Inc. vs. City of Las Vegas, United States Court of Appeals for the Ninth Circuit, 745 F. 2d 1211. Any such nonconforming business loses its right to operate as a nonconforming use, if, for any reason, it voluntarily discontinues its business operation for a period of thirty (30) days or more or if its permit to operate is revoked, and such revocation covers a period of thirty (30) days or more and such revocation is not overturned by a court of competent jurisdiction. Such nonconforming uses, while nonconforming, shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.

B.

Conforming Sexually Oriented Businesses. A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of a sexually oriented business permit, of a religious institution, school, boys' club, girls' club, or similar youth

organization, public park or recreation area, or public building regularly frequented by children within one thousand(1,000) feet of the sexually oriented business, or by the location, subsequent to the grant or renewal of a sexually oriented business permit, of a residential district within five hundred (500) feet of the sexually oriented business. This provision applies only to the renewal of a valid permit, but this provision does not apply when an application for a permit is submitted after a permit and/or license has expired or has been revoked.

(Prior code § 066.07)