Cathedral City Municipal Code Ch. 5.18 Licensing and Regulation of Sexually Oriented Businesses

Note: Prior ordinance history: Ord. 86.

A. One of the important purposes of the regulations set forth in this chapter is to discourage and to minimize the opportunity for criminal conduct. As such, nothing in this chapter shall permit to be interpreted to permit any use, conduct, and/or activity which is specifically prohibited under the following California Penal Code Sections:

1. Receipt of money for placement of person for purposes of cohabitation. (Penal Code Section 266d);

2. Purchase of person for purposes of prostitution or placement of person for immoral purposes (Penal Code Section 266e);

3. Sale of person for immoral purposes (Penal Code Section 266f);

4. Pimping (Penal Code Section 266h);

5. Pandering (Penal Code Section 266i);

6. Lewd or obscene conduct (Penal Code Section 314);

7. Houses of ill-fame (Penal Code Section 315);

8. Disorderly houses which disturb the immediate neighborhood (Penal Code Section 316);

9. Places of prostitution (Penal Code Section 317);

10. Place of prostitution; place of lewdness; place used as bathhouse permitting conduct capable of transmitting AIDS (Penal Code Section 11225).

B. Nothing in this chapter shall be interpreted to permit or permit any use, conduct, and/or activity which violates any federal, state or local law or regulation.

C. A "sexual encounter establishment" is not a permitted use. For purposes of these regulations, a sexual encounter establishment means any business or commercial establishment that as one of its important business purposes offers for any form of consideration a place where two or more persons may congregate, associate, or consort for the purpose of specified sexual activities when one or more of the persons of the establishment is in a state of nudity or where two or more persons may congregate, associate, or consort for the purpose of the exposure of specified anatomical areas where one of the patrons of the establishment is in a state of nudity or state of semi-nudity. The definition of sexual encounter establishment shall not include an establishment where a medical practitioner, physiologist, psychiatrist or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

(Ord. 486 § 2, 1998)

A. Any sexual encounter establishment that had a validly issued city sexual-oriented business permit to operate as a sexual encounter establishment of the effective date of the ordinance codified in Section 5.18.005 shall be deemed a nonconforming use and shall be permitted to continue to operate as a sexual encounter establishment for a period not to exceed three years from said effective date of Section 5.18.005. On or before such date, all nonconforming sexual encounter establishment uses shall be terminated unless an extension of time has been approved by the city council in accordance with the provisions of Section 5.18.008. This amortization period shall apply to the use of the business as a sexual encounter establishment and shall not affect in any form or manner the time period in which such a business must comply with the business operations provisions set forth in Section 5.18.130.

B. Any discontinuance or abandonment of the use of any lot or structure as a sexual encounter establishment for a period of sixty days shall result in a loss of legal nonconforming status of such use.

(Ord. 486 § 3, 1998)

The owner or operator of a sexual encounter establishment as described in Section 5.18.005 may apply under the provisions of this section to the city council for an extension of time within which to terminate the operation of the sexual encounter establishment as a nonconforming use.

A. Time and Manner of Application.

1. An application for an extension of time within which to terminate the operation of a sexual encounter establishment made nonconforming under the provisions of Section 5.18.005 may be filed by the owner of the real property upon which such use is operated, or by the operator of the sexual encounter establishment.

2. Such an application must be filed with the city council at least ninety days but no more than one hundred eighty days prior to the time established in Section 5.18.006 for termination of such use.

B. Content of Application—Fees.

1. The application shall state the grounds for requesting an extension of time.

2. The filing fee for such application shall be the same as that for a variance as is set forth in the schedule of fees established by resolution from time to time by the city council.

C. Hearing Procedure.

1. The city council shall schedule a public hearing on the application at the next available regular meeting of the city council.

2. At the public hearing on the application, all parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues and may be represented by counsel.

3. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs.

4. Any hearing under this section may be continued for a reasonable time for the convenience of the applicant.

5. The decision of the city council shall be final and subject to judicial review pursuant to Code of Civil Procedure Section 1094.6.

D. Approval of Extension — Findings. An extension under the provisions of this section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the city council makes all of the following findings or such other findings as are required by law:

1. The applicant has made a substantial investment (including, but not limited to, lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made prior to the effective date of the ordinance codified in Section 5.18.005.

2. The applicant will be unable to recoup said investment as of the date established for termination of the use; and

3. The applicant has made good faith efforts to recoup the investment.

(Ord. 486 § 4, 1998)

It is the purpose of this chapter to regulate sexually oriented businesses to promote the health, safety and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent deleterious effects of sexually oriented businesses within the city. 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. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent or effect of this chapter to in any way condone or legitimize the distribution of obscene or harmful materials to minors.

(Ord. 346 § 2, 1992)

The provisions of this chapter shall not apply to a clothing-optional motel or hotel. For the purposes of this chapter, "clothing-optional motel" means a motel, hotel or similar commercial establishment that offers public accommodations for any form of consideration and:

A. In the ordinary course of business, permits persons to be nude or semi-nude in and on the common areas of the subject property which are not visible from any public right-of-way;

B. Except for closed-circuit television transmissions made available for viewing within a private room exclusively rented and occupied by individual patrons, does not provide or make available closed-circuit television transmissions, films, 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;"

C. Does not offer or permit to be offered a room for rent or subrent for a period of time less than twelve hours;

D. Does not offer or permit to be offered any single room for rent or subrent more than twice in a twentyfour hour period;

E. Except as specifically defined in this section to mean a "clothing-optional motel," does not engage in, offer, or permit any conduct or activities in and/or on the subject property that are defined in this chapter to constitute a sexually oriented business.

(Ord. 500 § 1, 1999)

The following uses and/or activities shall be classified as "sexually oriented business"

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.

(Ord. 485 § 1, 1998)

For purposes of this chapter, certain words and phrases are defined as follows:

"Adult arcade"

means an establishment where a significant or substantial portion of the business involves the maintaining of one or more electronically or mechanically controlled still or motion picture projectors, slide projectors, video or laser disc players, or other image-producing machines, for the viewing of films, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

"Adult bookstore"

means a commercial establishment where a significant or substantial portion of the business involves the use, rental, purchase, viewing or perusal, for any form of consideration, of books, magazines, periodicals or other printed matter which are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

"Adult cabaret"

means a commercial establishment which regularly features any one of the following:

Persons who appear in a state of nudity or state of seminudity;

Live performances which are characterized by an emphasis on specified anatomical areas or by specified sexual activities;

Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the emphasis on specified sexual activities or specified anatomical areas.

"Adult motel"

means a commercial establishment which offers public accommodations, for any form of consideration, and

Provides or makes available to patrons closed-circuit television transmissions, films, 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 regularly offers or permits to be offered a room for rent or subrent for a period of time less than twelve hours.

"Adult motion picture theater"

means a commercial establishment which regularly features the showing of films, motion pictures, video cassettes, slides or similar photographic reproductions which are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

"Adult novelty store"

means a commercial establishment where a significant or substantial portion of the business involves the sale or rent of sexually oriented devices.

"Adult theater"

means a commercial establishment which regularly features persons who appear in a state of nudity or state of semi-nudity for live performances which are distinguished or characterized by an emphasis on specified anatomical areas or specified sexual activities.

"Adult video store"

means a commercial establishment where a significant or substantial portion of the business involves the use, rental, purchase, viewing or perusal of video cassettes, photographs, films, motion pictures, or similar video reproductions which are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

"Bar"

means any commercial establishment licensed by the State Department of Alcoholic Beverage Control to serve alcoholic beverages on the premises.

"Employee"

means a person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of the business.

"Establishment"

means and includes any of the following:

The opening or commencement of a business as a new business;

The conversion of an existing business, whether or not a sexually oriented business, to any of the classifications of sexually oriented businesses defined in Section 5.18.010;

The addition of any of the sexually oriented businesses defined in this chapter, to any of the sexually oriented business defined in this chapter;

The relocation of any of the sexually oriented businesses defined by this chapter to any other existing sexually oriented business; or

The substantial enlargement of a sexually oriented business.

"Nude model studio"

means a commercial establishment where a significant or substantial portion of the business involves the viewing of person who appear in a state of nudity or state of seminudity or persons who display specified anatomical areas in order to be observed, sketched, drawn, painted, sculptured, photographed or similar depicted by other persons.

"Nude"

or "state of nudity" means the display, appearance or showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering or the showing of the covered male genitals in a discernable turgid state.

"Operator"

means and includes the owner, permit holder, custodian, manager, or person in charge of any sexually oriented business.

"Permitted premises"

means any premises that requires a sexually oriented business permit.

"Permittee"

means a person in whose name a permit to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit.

"Person"

means an individual, proprietorship, partnership, corporation, association, or other legal entity.

"Public building regularly frequented by children"

means any building owned, leased or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used as a library, community center, children's center, or any other use having special attraction to children, or which building is often visited by children for social activities unaccompanied by their parents or other adult custodians.

"Public park"

or "recreation area" means public land which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space, wilderness areas, or similar public land within the city which is under the control, operation or management of the city park and recreation authorities.

"Regularly features"

with respect to an adult theater, adult cabaret or adult motion picture theater means a regular and substantial course of conduct. The fact that a live performance or film which is distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities is exhibited on two or more occasions within a thirty-day period; three or more occasions within a sixty-day period; or four or more occasions within a one hundred and eighty day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

"Religious institution"

means any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.

"Residential district"

means an area zoned for single-family homes, duplexes, townhomes, multiple-family residences, mobile home parks or subdivisions, and recreational vehicles parks, as defined in the Cathedral City zoning ordinance.

"School"

means any public or private educational facility including, but not limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, secondary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.

"Seminude"

or "state of seminudity" means the display, appearance, or showing of a female breast below a point immediately above the top of the areola and/or a state of undress which less than completely and opaquely covers human buttock, anus, male or female genitals, pubic region or a female breast below a point immediately above the top of the areola.

"Sexually oriented devices"

means without limitation any artificial or simulated specified anatomical area or other device or paraphernalia that is designed in whole or part for specified sexual activities.

"Significant or substantial portion"

means such a percentage of a business' activities, space allocation, revenues, advertising targeting, stock-in-trade, floor or display space, business receipts, revenues, or other business undertakings as to indicate to a reasonable person that the sexually oriented portion of the business is one of its important activities, though not necessarily its only or even primary activity.

"Specified anatomical area"

means and includes any of the following:

Less than completely and opaquely covered human genitals, pubic region, anus, buttocks, or a female breast below a point immediately above the top of the areola;

The human male genitals in a discernibly turgid state, even if completely and opaquely covered.

"Specified sexual activities,"

means and includes any of the following:

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or

Excretory functions as part of or in connection with the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts, sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy.

"Transfer of ownership or control of a sexually oriented business"

means and includes any of the following:

The sale, lease or sublease of the business;

The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; and/or

The establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership of control.

(Ord. 346 § 2, 1992; Ord. 485 § 2, 1998)

No person shall operate, maintain, manage or conduct a sexually oriented business without a valid sexually oriented business permit issued by the city for the particular type of sexually oriented business.

(Ord. 346 § 2, 1992; Ord. 486 § 5, 1998)

A. The city's designee is responsible for granting, denying, revoking, renewing, suspending, and canceling sexually oriented business permits for proposed or existing sexually oriented businesses.

B. The city's designee shall be the city manager, or any other officer or employee designated in writing by the city manager to deal with the provisions of this chapter.

C. An application for a permit must be made on a form provided by the city.

D. The completed application shall contain the following information and shall be accompanied by the following documents:

1. If the applicant is:

a. An individual, the individual shall state his/her legal name, any aliases, and date of birth;

b. A partnership, the partnership shall state its complete name, and the names of all general partners;

c. A corporation, the corporation shall state its complete name, the names and capacity of all officers, directors and the name and address of the registered corporate agent for service of process.

2. If the applicant intends to operate the sexually oriented business under a name other than that on the application, he/she must state the sexually oriented business's fictitious name.

3. A statement as to whether the applicant or any other individuals identified in the application, excluding any agent for service of process who is not also listed as a director or officer, has had a previous permit under this chapter, or any other similar sexually oriented business ordinance of the city, denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation.

4. A statement as to whether the applicant or any other individuals identified in the application, excluding any agent for service of process who is not also listed as a director or officer, has been a sole proprietor, general partner, officer, or director of a sexually oriented business that has had a previous permit under this chapter, or any other similar sexually oriented business ordinance of the city denied, suspended or revoked by the city, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of denial, suspension or revocation.

5. The name(s) of the responsible person(s) who will be on the premises to act as manager during the times that the business is open, or a statement that the applicant has not yet selected the manager(s)

6. The classification, as defined in this chapter, of sexually oriented business for which the applicant is seeking a permit;

7. The location of the proposed sexually oriented business, including a legal description of the property, street address, and telephone number(s) currently in service;

8. The applicant's address;

9. A recent photograph of the applicant;

10. The applicant's driver's license or permit number or identification number and social security number and/or the applicant's state or federally issued tax identification number;

11. 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 inches;

12. Each individual listed on the application pursuant to Section 5.18.035D, excluding any agent for service or process who is not also listed as a director or officer, shall sign the application.

E. The applicant shall be required to pay a nonrefundable application fee of one hundred dollars at the time of filing an application pursuant to this chapter.

(Ord. 486 § 6, 1998)

A. The fact that a person possesses other types of state or city permits and/or licenses does not exempt him/her from the requirement of obtaining a sexually oriented business permit.

B. By applying for a permit under this chapter, the applicant shall be deemed to have consented to the provisions of this chapter and to the exercise by the city or its designee, the police chief's office, and all other city departments charged with enforcing the laws, ordinances and codes applicable in the city, of their respective responsibilities under this chapter.

C. An operator shall promptly update, correct or supplement the information contained in the application for a sexually oriented business permit on file with the city as necessary to keep the information contained therein accurate.

(Ord. 486 § 7, 1998)

Upon receipt of an application properly filed with the city and upon payment of the nonrefundable application fee, the city or its designee shall immediately stamp the application as received on that date.

(Ord. 486 § 9, 1998)

Within seven business days of receipt of a completed application, the city shall issue a sexually oriented business permit upon verification of the following facts:

A. The location of the business complies with all applicable zoning laws;

B. The configuration of the premises, as set out in the sketch or plan submitted with the application, does not reveal any violation of applicable health, zoning, fire and safety laws of the state and ordinances of the city applicable thereto, including those set out in this chapter.

C. The applicants or individuals identified therein, excluding any agent for service of process who is not also listed as a director or officer, are not otherwise disqualified from lawful operation of a sexually oriented business pursuant to any state, county, federal or local law, including those set out in this chapter.

D. The applicant is eighteen years of age or older.

E. The applicant has provided all information required by this chapter, none of which is known to the city to be incorrect.

F. The application or permit fees required by this chapter have been paid.

(Ord. 346 § 2, 1992; Ord. 486 § 10, 1998)

The city, or its designee, shall grant or deny a completed application for a permit within seven business days from the date receipt of the city of a complete application. Upon the expiration of the seventh day, unless the city or its designee has given written notice to the applicant, the application shall be deemed granted and the operator shall be excused from the requirement that a duly issued permit be posted at the premises until such time as said permit is issued pursuant to this section.

(Ord. 486 § 11, 1998)

If the city or its designee denies the application, he/she shall notify the applicant of the denial and state the reason(s) for the denial. Any subsequent application which has been supplemented to cure the grounds for prior denial shall be treated as a new application.

(Ord. 486 § 12, 1998)

A. The annual fee for a sexually oriented business permit is one hundred dollars, to partially offset the costs of monitoring and policing the operations of the business entities involved.

B. The city council determines that the actual cost of monitoring and policing each such business is at least that amount.

C. Said fee shall be due yearly on the anniversary of the issuance of the permit and shall be deemed delinquent thirty days thereafter.

(Ord. 346 § 2, 1992; Ord. 486 § 13, 1998)

Every operator shall permit representatives of the city and/or police, fire or health departments to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law at any time it is occupied or open for business.

(Ord. 346 § 2, 1992; Ord. 486 § 14, 1998)

A. Any decision to deny or issue a permit under this chapter may be appealed to the city council pursuant to the provisions of Section 2.04.100, et seq. of this code.

B. Any appeal of a decision to deny or issue a permit that regulates expressive conduct protected by the State Constitution or the First Amendment to the United States Constitution is eligible for expedited administrative review by the city council pursuant to Section 2.04.140 of this code.

C. Determinations by the city council after review of the issuance or denial of said applications are deemed to constitute final determinations by the city for purposes of appeal to the Superior Court of California pursuant to the Writ of Mandate procedures set forth in California Code of Civil Procedure Section 1084 et seq.

(Ord. 517 § 3, 1999)

A. A permittee shall not operate sexually oriented business under the authority of a permit at any place other than the address designated in the application for permit.

B. A permittee shall not transfer his/her permit to another person unless and until such other person satisfies the following requirements:

1. Obtains an amendment to the permit from the city or its designee, which provides that he/she is now the permittee, which amendment may be obtained only if he/she has completed and properly filed an application with the city or its designee, setting forth the information called for under Section 5.18.030 of this chapter in the application; and

2. Pays a transfer fee of 50% of the annual permit fee set by this chapter.

C. No permit may be transferred during the pendency of administrative procedures following notice by the city or its designee to the permittee that suspension or revocation proceedings have been or will be brought against the permittee, until such proceedings have been completed, withdrawn or otherwise canceled.

D. A permittee shall not transfer his permit to another location.

E. Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void, and the permit shall be considered abandoned and shall automatically revert to the city.

(Ord. 346 § 2, 1992)

A. Visibility of Interior.

1. The entire interior of an adult arcade, adult bookstore, adult novelty store, adult cabaret, adult video arcade, nude model studio, and any nonconforming sexual encounter establishment and the entire concession area of an adult motion picture theater or adult theater, the entire common areas of an adult motel, and the entire exhibition area of an adult motion picture theater or adult theater, shall be visible upon entrance to such areas.

2. Visibility from the entrance shall not be obstructed by any curtain, door, wall, merchandise rack, or any other thing.

3. No partially or fully enclosed booths or partially or fully concealed booths shall be maintained.

4. No patrons shall be permitted access to any area of the premises not visible from the entrance.

B. Exceptions to Visibility Requirements.

1. Section 5.18.030A shall not apply to those areas of a sexually oriented business to which only employees are permitted access and patrons are excluded and which cannot be viewed from any area accessible to patrons.

2. Section 5.18.130A shall not apply to a restroom; however, no restroom shall contain any merchandise, materials, product, or service referenced in Section 5.18.020.

C. Private Viewing Booths or Rooms.

1. No viewing room or booth of an adult arcade or adult video arcade may be occupied by more than one person at any time.

2. The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times, with no holes between any two such rooms such as would allow viewing from one booth into another or such as to allow physical contact of any kind between the occupants of any two such booths or rooms.

3. The floors, seats, walls and other interior portions of all viewing rooms or booths shall be maintained clean and free from waste and bodily secretions.

D. Lighting.

1. The entire premises of every adult arcade, adult bookstore, and nude model studio, and nonconforming sexual encounter establishment shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than two footcandles as measured at the floor level.

E. Posting Permit.

1. A valid sexually oriented business permit duly issued pursuant to this chapter shall be posted in conspicuous place at or near the entrance to the sexually oriented business so that it can be easily read at all times.

F. Manager on Duty.

1. There shall be a responsible person on the premises to act as manager at all times during which the business is open.

2. At all times that any patron is present inside the premises, at least one manager shall be situated at a location within the premises so as to allow her/him an unobstructed view of the entire area accessible to patrons. Within those sexually oriented businesses lawfully configured to include more than one room accessible to patrons, such as an adult theater with both a concession area and an exhibition area, or various common areas of an adult motel, sufficient additional managers shall be present as necessary to allow management personnel to maintain an unobstructed view of the entirety at all times of all areas accessible to patrons.

3. Every permittee shall ensure that all employees are familiar with the provisions of this chapter as amended from time to time and with all other regulations adopted by the city related to sexually oriented businesses.

G. Required Physical Modification to Premises.

1. An operator of a sexually oriented business shall be permitted a reasonable period of time to make modifications to the business premises if such modifications are made necessary by the implementation of the provisions of this section.

2. The reasonable period of time shall normally be thirty days from the effective date of said ordinance to file the appropriate plans and designs with the city, and up to ninety days thereafter for completion of the modifications.

3. Should modifications be so extensive as to reasonably require a longer period of time, the city or its designee may grant a longer period of time for completion of such modifications, in consultation with the city's building officials.

(Ord. 346 § 2, 1992; Ord. 487 § 1, 1998)

A. Nudity and Seminudity Prohibited. When in a state of nudity or seminudity, no employee shall be present in any portion of the premises accessible to (a) patron(s). For purposes of this chapter, "patron" means any individual who is not an employee.

B. Nudity and Seminudity Permitted in Designated Areas. An employee may perform live entertainment in a state of nudity or seminudity on a stage raised at least eighteen inches above the immediate floor level and removed at least six feet from the nearest portion of the premises accessible to the patron(s)

1. No patron shall be permitted within six feet of any stage utilized for such entertainment.

2. A separate dressing room facility, to which no patron shall be permitted access, shall be provided for the exclusive use of the employee(s) performing such entertainment.

3. Access between the dressing room facility and the stage shall be provided for the exclusive use of the employees performing such entertainment and shall be separated from the nearest portion of the premises accessible to the patron(s) by at least six feet.

C. Direct Tipping Prohibited. There shall be no physical contact between any employee in a state of nudity or seminudity and a patron. No patron shall directly give any gratuity to any employee while the employee is in a state of nudity or seminudity. No employee, when in a state of nudity or seminudity, shall solicit or accept any gratuity from any patron. For purposes of this chapter, "gratuity" shall mean any thing of value or potential value, including, but not limited to, money or token(s). For purposes of this chapter, to "directly give" means to transfer from a patron to the person, or any extension from the person, of a nude or seminude employee. Nothing in this chapter is intended to prohibit the placing by the patron of a gratuity into or onto any item placed or located at least six feet from the nude or seminude employee(s)

D. California Department of Alcoholic Beverage Control. To the extent that any provision of this chapter is inconsistent with any regulation or rule of the California Department of Alcoholic Beverage Control applicable to a sexually oriented business, the regulation or rule of the California Department of Alcoholic Beverage Control shall control.

(Ord. 494 § 1, 1998)

A. Lighting.

1. All off-street parking provided for, and entrances to, a sexually oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot candle of light on the parking surface and walkways.

2. The required provision for exterior lighting shall be depicted in the sketch/diagram of the configuration of the premises on file with the city pursuant to the provisions of this chapter.

B. Recorded Surveillance.

1. The operator shall provide a security system that visually records and monitors all off-street parking areas provided for, and entrances to, the sexually oriented business during all times that the business is open or occupied for business. The surveillance equipment utilized shall provide continuous recording for at least a twenty-four hour period, with all recordings maintained for a minimum of seventy-two hours.

2. Immediately upon request, the surveillance recordings for all or any portion of the previous seventy-two-hour period shall be made available to any representative of the Cathedral City police department. Such recordings shall be utilized only for purposes of investigating an alleged violation of a local, state of federal law, or for the enforcement thereof.

3. The exterior surveillance capacity shall be depicted in the sketch/diagram of the configuration of the premises on file with the city pursuant to the provisions of this chapter.

4. Signs shall be posted in the parking area, near the entrance to the premises, and at a conspicuous location inside the premises in such a manner as to notify the public that the exterior of the premises is subject to recorded surveillance in cooperation with the Cathedral City police department.

C. Compliance by Existing Businesses.

1. An operator of an existing sexually oriented business shall be permitted a reasonable period of time to install the lighting and surveillance equipment made necessary by the implementation of the provisions of this section.

2. The reasonable period of time shall normally be thirty days from the effective date of the ordinance codified in this section to amend the sketch/drawing of the configuration of the premises on file with the city in such a manner as to include the required exterior lighting and surveillance capacity; with up to ninety days thereafter to install the proposed lighting and surveillance equipment.

3. In the event the operator reasonably requires a longer period of time to install the surveillance equipment and lighting, the city or its designee may grant a longer period of time in consultation with the city's building officials.

(Ord. 493 § 1, 1998)

It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and knowingly, or with reasonable cause to know, permits, suffers, or allows:

A. Admittance of a person under eighteen years of age to the business premises;

B. A person under eighteen years of age to remain at the business premises;

C. A person under eighteen years of age to purchase goods or services at the business premises; or

D. A person who is under eighteen years of age to work at the business premises as an employee;

E. The entrance to any sexually oriented business shall be designed in manner that obscures the view of the interior of the premises from minors outside the premises so as to prohibit minors from viewing or seeing any material, conduct or activities which depict, describe or display specified sexual activities or specified anatomical areas.

(Ord. 346 § 2, 1992; Ord. 486 § 19, 1998)

No display or exhibit depicting or describing specified sexual activities or specified anatomical areas shall be placed in, on or at the site of the subject premises in such a manner as to be visible from the exterior of the premises.

(Ord. 346 § 2, 1992; Ord. 486 § 20, 1998)

A. It is a defense to prosecution for any violation of this chapter that 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, and

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.

B. It is a defense to prosecution for a violation of this chapter that an employee of a sexually oriented business, regardless of whether or not it is permitted under this chapter, exposed any specified anatomical area during the employee's bona fide use of a restroom, or during the employee's bona fide use of a dressing room which is accessible only to employees.

(Ord. 346 § 2, 1992)

A. After an investigation, notice and hearing, the city manager or his designee shall suspend or revoke an existing permit, or impose such conditions upon the retention of the permit as shall be found to be necessary to assure the preservation of the public health and safety, if the evidence presented established that one of the following conditions exist:

1. The building, structure, equipment, location or manner of operation of such business does not comply with the requirements of or fails to meet the standards of the health, zoning, fire and safety laws of the state and ordinances of the city applicable to such business operations.

2. The permittee, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for sexually oriented business permit, or in any report or record required to be filed with the city pertaining to the permit for the sexually oriented business, or has violated any rule or regulation duly adopted by the city relating to sexually oriented businesses, including those set out in this chapter.

3. A court of competent jurisdiction has found that the permittee, his or her employee, agent, partner, director, manager, or stockholder has knowingly engaged in or allowed or permitted to be committed any unlawful act of sexual intercourse, sodomy, oral copulation, masturbation, or distribution of obscenity, on or in the subject premises.

4. A court of competent jurisdiction has found that the permittee, his or her employee, agent, partner, director, manager, or stockholder has knowingly engaged in or permitted or allowed to occur unlawful solicitations for sexual intercourse, sodomy, oral copulation, masturbation or distribution of obscenity, on or in the subject premises.

5. A court of competent jurisdiction has found that the permittee, his or her employee, agent, partner, director, manager, or stockholder has knowingly engaged in or permitted or allowed, in or on the premises, the unlawful possession, use or sale of a controlled substance, as defined by the California Uniform Controlled Substances Act, California Health and Safety Code Section 11000 et seq., as amended from time to time.

6. More than thirty days have elapsed since a tax, fee, fine, any form of regulatory assessment or judgment for monetary damages, irrespective of any other form of relief set out in the judgment, which is to be paid to the city has been imposed against a sexually oriented business, and said sum remains owing.

B. In the event that a permit for a sexually oriented business is revoked pursuant to any applicable law, the premises shall be closed and shall not be used as a sexually oriented business of any classification for a period of one year commencing on the date of revocation. Further, the operators of the sexually oriented business so closed shall be disqualified from operating any other sexually oriented business established thereafter within the city for a period of one year commencing on the date that the permit was revoked.

C. In the event that a permit for a sexually oriented business is suspended pursuant to any applicable law, the operators of the subject sexually oriented business shall be disqualified from operating the subject sexually oriented business as well as any other sexually oriented business established thereafter within the city during the entire period of such suspension.

(Ord. 486 § 24, 1998)

A violation of Section 5.18.005(c), 5.18.030, 5.18.036(c), 5.18.070, 5.18.120, 5.18.130, 5.18.135(A), 5.18.135 (B), 5.18.135(C), 5.18.137, 5.18.140 or 5.18.150 of this chapter by any person responsible for committing, causing or maintaining such violation shall also constitute a public nuisance which shall be subject to the provisions set forth in Chapter 13.80.

(Ord. 506 § 3, 1999)

The city and its designee, the chief of police's office and all other departments and agencies, and all other city officers, agents and employees, charged with enforcement of state and local laws and codes shall be immune from prosecution, civil or criminal for reasonable, good-faith trespass upon a sexually oriented business while acting within the scope of authority conferred by this chapter.

(Ord. 346 § 2, 1992)

A violation of Sections 5.18.070, 5.18.120 and 5.18.130 by the person responsible for committing, causing or maintaining such violation shall constitute an infraction violation which shall be subject to the provisions set forth in Chapter 13.65 of this code, including, but not limited to, the imposition of any and all criminal penalties set forth therein.

(Ord. 514 § 2, 1999)

Any person convicted of an infraction shall, for each separate violation of this chapter, be subject to: (a) a fine in an amount not to exceed two hundred fifty dollars for a first conviction of an offense; (b) a fine in an amount not to exceed five hundred dollars for a second conviction of the same offense within a twelve-month period of the date of the first offense; and (c) fine in an amount not to exceed seven hundred fifty dollars for the third conviction of the same offense within a twelve-month period of the date of the first offense. The fine for a fourth and subsequent convictions of the same offense within a twelve-month period of the date of the first offense shall be one thousand dollars.

(Ord. 514 § 2, 1999)

The city may issue an administrative citation, pursuant to Chapter 13.58 of this code, to any person responsible for committing, causing or maintaining a violation of Sections 5.18.005(C), 5.18.030, 5.18.036(C), 5.18.070, 5.18.120, 5.18.130, 5.18.135(A), 5.18.135(B), 5.18.135(C), 5.18.137, 5.18.140 or 5.18.150 of this chapter. Nothing in this section shall preclude the city from also issuing an infraction citation upon the occurrence of the same offense on a separate day.

(Ord. 514 § 2, 1999)

Note: Former § 5.18.240, Administrative fine, adopted by Ord. 506 was repealed by Ord. 892, 10/22/2025.

A violation of Section 5.18.005(C), 5.18.030, 5.18.036(C), 5.18.070, 5.18.120, 5.18.130 5.18.135(A), 5.18.135 (B), 5.18.135(C), 5.18.137, 5.18.140 or 5.18.150 of this chapter by the holder of any city permit and/or city license validly issued pursuant to this or any other chapter shall constitute grounds for modification, suspension and/or revocation of said permit and/or license pursuant to the provisions set forth in Chapter 13. 150.

(Ord. 506 § 3, 1999)

Nothing in this chapter shall preclude the city from pursuing the remedies provided by Chapter 13.140, including but not limited to, as applicable, denial or revocation of certificates of occupancy, issuance of stop work orders and injunctive relief.

(Ord. 506 § 3, 1999)