Chapter 5.89 — LICENSING OF ADULT ENTERTAINMENT ESTABLISHMENTS AND ADULT ENTERTAINERS

The intention of the licensing requirement is to provide enforcement agencies sufficient information to assist them in ensuring that criminal elements do not infiltrate adult businesses, that minors are not employed in such establishments, and that the establishments will comply with zoning and operational standards imposed by this code. (Ord. 924 § 3, 2001)

The definitions in this chapter shall be the definitions provided in Section 5.88.020. (Ord. 924 § 3, 2001)

• A. The application fee for an adult entertainment establishment permit shall be five hundred dollars and is nonrefundable and shall be used to defray the cost of investigation, processing and hearing set forth in this chapter. The application fee for an adult entertainer permit shall be one hundred dollars. The fees set forth in this chapter shall be in effect until the city council shall by resolution fix some other rate based upon a cost factor.

• B. All permits shall expire on December 31st of the calendar year for which they were issued. Applications for a renewal of a permit shall be made on or before November 30th of the year preceding the year for which the renewal permit is sought. The renewal application fee for an adult entertainment establishment permit shall be one hundred dollars. The renewal application fee for an adult entertainer permit shall be twenty-five dollars. The renewal application fees are nonrefundable and shall be used to defray the cost of investigation and processing to renew applications. The fees set forth in this subsection shall be in effect until the city council shall by resolution fix some other rate based upon a cost factor.

• C. Neither the filing of an application for the permit, nor payment of any other license, permit or fee required under any other provision of this code, shall authorize the engaging in, conducting or carrying on of an adult entertainment establishment, or as an adult entertainer.

• (Ord. 924 § 3, 2001)

• A. Any person, association, partnership or corporation desiring to obtain a permit for an adult entertainment establishment shall make an application, under oath, to the city manager on a form provided by the city manager showing:

  1. The name, current permanent residential address and telephone number of the applicant;

  2. The business name, proposed business address, and telephone number of the adult entertainment establishment:

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City of Palm Desert, CA

§ 5.89.040

§ 5.89.040

BUSINESS TAXES, LICENSES AND REGULATIONS

• a. If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation and it shall provide a copy of its articles of incorporation. The applicant shall show the name and residence address of each of the officers, directors and each stockholder owning not less than ten percent of the stock of the corporation and the address of the corporation itself, if different than the address of the adult entertainment establishment. The applicant shall show that the corporation is in good standing under the laws of California,

• b. If the applicant is a partnership, the application shall show the name and residence address of each of the partners, including limited partners and the address of the partnership itself, if different than the address of the adult entertainment establishment;

3. The name and permanent address of the owner of the property upon which the applicant intends to locate the adult entertainment establishment;

4. In the event the applicant is not the owner of record of the real property upon which the adult entertainment establishment is or will be located, the application must be accompanied by a notarized statement from the owner of record of the real property acknowledging that an adult entertainment establishment is or will be located on the property. In addition, the applicant must furnish a copy of the lease or rental agreement pertaining to the premises in which the adult entertainment establishment will be located;

5. The date, hours and location where the adult entertainment establishment is proposed to be conducted;

6. The name(s) of person(s) having the management or supervision of the applicant's business;

7. Whether or not the applicant has been convicted, within the last five years, of a specified criminal act, the nature of such offense, the date of conviction, place convicted, and the sentence received therefor. If the applicant is a corporation, this requirement applies to each of the officers, directors, and/or stockholders owning not less than the percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners.

the nature of such offense, the date of conviction, place convicted, and the sentence received therefor. If the applicant is a corporation, this requirement applies to each of the officers, directors, and/or stockholders owning not less than the percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners.

8. Whether or not the applicant has ever had any similar license or permit revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reasons therefor, and the business activity or occupation subsequent to such action of suspension or revocation. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners;

9. Driver's license or other acceptable identification and social security number of the applicant. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners;

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City of Palm Desert, CA § 5.89.040

PALM DESERT CODE

§ 5.89.040

10. Acceptable written proof that the applicant is at least eighteen years of age. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners;

11. The height, weight, color of eyes, color of hair and date of birth of the applicant. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners;

12. The business, occupation or employment history of the applicant for the last five-year period immediately preceding the date of filing of the application. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners;

13. Each residence and business address of the applicant for the five-year period immediately preceding the date of the filing of the application. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners;

f the applicant for the five-year period immediately preceding the date of the filing of the application. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners;

14. One front-face portrait photograph of the applicant at least two inches by two inches and a complete set of applicant's fingerprints which shall be taken by the city police. If the applicant is a corporation, one frontface portrait photograph at least two inches by two inches of all officers, directors and stockholders owning not less than ten percent of the stock of the corporation and a complete set of the same officers', directors' and stockholders' fingerprints which shall be taken by the city police. If the applicant is a partnership, one frontface portrait photograph at least two inches by two inches in size of each partner, including limited partners in the partnership, and a complete set of fingerprints which shall be taken by the city police;

15. A detailed description of the proposed entertainment, including type of entertainment, number of persons engaged in the entertainment and any further information about the entertainment or entertainers, as the city manager may deem necessary;

16. The name and address of any other adult entertainment establishment owned or operated by any person whose name is required to be given in subsection (A)(2)(a) or (A)(2)(b) of this section;

17. A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners;

18. Authorization for the city, its agents and employees to seek information and conduct

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City of Palm Desert, CA

BUSINESS TAXES, LICENSES AND REGULATIONS

§ 5.89.040

§ 5.89.050

an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit;

19. Such other identification and information necessary to discover the truth of the matters required to be set forth in the application;

20. Applicant must furnish for any person whose name is required to be given in subsection (A)(6) of this section the information requested by subsections (A)(1) and (A)(9) through (A)(18) of this section;

21. A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches;

22. A current certificate and straight-line drawing prepared within thirty days prior to application by a California registered land surveyor depicting the property lines of the proposed adult entertainment establishment and any uses, zones or districts, for which distance standards are in effect pursuant to Section 25.110.010.

• B. The holder of the permit for an adult entertainment establishment shall notify the city's code compliance department of each change in any of the data required to be furnished by this section within thirty days after such change occurs.

• (Ord. 924 § 3, 2001)

• A. Any person desirous of being engaged as an adult entertainer must first register pursuant to this section. Application shall be made to the city manager.

• B. An application for adult entertainment registration certificate shall include the following:

  1. Name, including all names, nicknames and aliases by which the applicant has been known; and residence addresses for the last three years;

  2. Social security number, driver's license number, if any, and date of birth;

  3. Applicant's weight, height, color of hair and eyes, and sex;

  4. Written evidence that the applicant is at least eighteen years of age;

  5. Fingerprints of the applicant by the police department;

  6. Two front-faced portrait photographs taken within thirty days of the date of application and at least two inches by two inches in size;

  7. Whether the applicant has within the two- or five-year period as specified in Section 5.89.050 immediately preceding the date of the application, been convicted of a specified criminal act and, if so, the specified criminal act involved, the date of conviction and the place of conviction.

  8. Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application;

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City of Palm Desert, CA

PALM DESERT CODE

§ 5.89.050

§ 5.89.070

9. Written declaration by the applicant, under penalty of perjury, that the foregoing information contained in the application is true and correct, said declaration being duly dated and signed in the city.

• (Ord. 924 § 3, 2001)

• A. "Specified criminal acts" with respect to this chapter means acts which are sexual crimes against children, sexual abuse, rape, or crimes connected with adult entertainment establishments including, but not limited to the distribution of obscenity or material harmful to minors, prostitution or pandering.

• B. No adult entertainment establishment shall operate within the city, nor shall an adult entertainer perform within the city, if any person required to be listed on an application pursuant to Sections 5.89.040 or 5.89.050 has been convicted of a "specified criminal act" for which:

  1. Less than two years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the specified criminal acts;

  2. Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense, for a specified criminal act;

  3. Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two or more misdemeanors for the specified criminal act occurring within any twenty-four-month period;

  4. The fact that a conviction is being appealed shall have no effect on disqualification of the applicant.

• (Ord. 924 § 3, 2001)

• A. Upon receipt of an application for an adult entertainment establishment permit, the city manager or his or her designee shall determine, within five business days, if the information provided is complete. If the information is not complete, the city manager shall provide written notice to the applicant of the reasons for the determination that the application is incomplete.

• B. Upon receipt of a complete application, the city manager shall direct that an investigation be made regarding compliance of the application with the requirements of this code.

• C. The city manager shall grant an application for an adult entertainment establishment permit if he or she finds and determines all of the following:

  1. The conduct of the adult entertainment establishment, as proposed by the applicant, will comply with all applicable laws, including but not limited to, the city's building, zoning and health regulations;

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City of Palm Desert, CA

BUSINESS TAXES, LICENSES AND REGULATIONS

§ 5.89.070

§ 5.89.090

2. The applicant has not knowingly made any false, misleading or fraudulent statements of fact in the permit application, or any other document required by the city in conjunction therewith;

3. The applicant and any other person who will be directly engaged in the management and operation of the place of the adult entertainment establishment are not under the age of eighteen years.

• (Ord. 924 § 3, 2001)

• A. Upon receipt of an application for an adult entertainment permit, the city manager or his designee shall determine, within two business days, if the information provided is complete. If the information is not complete, the city manager shall provide written notice to the applicant of the reasons for the determination that the application is incomplete.

• B. Upon receipt of a complete application, the city manager, or his or her designee, shall direct that such investigation as necessary be made in the application. The city manager shall, within five business days of receipt of a completed application, issue an adult entertainment permit if he or she finds and determines that:

  1. The applicant complies with all requirements of this code; and

2. The applicant is not under the age of eighteen years.

(Ord. 924 § 3, 2001)

• A. The city manager shall deny, suspend or revoke any permit applied for, or issued under this chapter, if he or she finds and determines that:

  1. The business or entertainment conducted by permittee, its agents or employees, does not comply with all applicable laws, including, but not limited to, the city's building zoning and health regulations;

  2. Permittee, its agents or employees knowingly procured or attempted to procure such permit by false statements, representations or non-disclosure of material fact when such fact would have constituted good cause for denying the application for such permit or any document required by the city in conjunction therewith;

  3. The permittee, its agents or employees cease to meet any of the requirements of the permit;

  4. The permittee, its agents or employees failed to enforce any of the regulations set forth in Chapter 5.88 or to cooperate with police department by promptly reporting any fight, brawl or other unlawful activities occurring on the premises of adult entertainment establishments.

• B. If a permit is denied, suspended or revoked, the city manager shall promptly give the permittee notice thereof and the findings for such denial. The applicant aggrieved by the action of the city manager may appeal by filing a written appeal within ten days of notice of denial, suspension or revocation, with the city clerk. The city council may hear the appeal itself, or appoint a neutral hearing officer to hear and determine the matter. Any

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City of Palm Desert, CA § 5.89.090

PALM DESERT CODE

§ 5.89.100

appeal hearing shall be conducted within fifteen days of the appeal period. The decision of the city council or designated hearing officer shall be final. The decision is subject to judicial review pursuant to Code of Civil Procedure § 1094.8.

(Ord. 924 § 3, 2001)

Upon sale, transfer or relocation of an adult entertainment establishment, the permit therefor shall be null and void unless approved as provided in Section 5.89.040; provided, however, that upon the death or incapacity of the permittee, heir or devisee of a deceased permittee, or any guardian of an heir or devisee of a deceased permittee, may continue the adult entertainment establishment for a reasonable period of time not to exceed sixty days to allow for an orderly transfer of the permit.

(Ord. 924 § 3, 2001)

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City of Palm Desert, CA

BUSINESS TAXES, LICENSES AND REGULATIONS

§ 5.91.010

§ 5.91.020