HomeMy WebLinkAboutOrd 36 ORDINANCE NO . 36
AN ORDINANCE OF THE CITY OF CATHEDRAL CITY ,
CALIFORNIA , AMENDING THE CITY ' S ZONING ORDINANCE
BY ADDING THERETO REGULATIONS RELATING TO "ADULT
ENTERTAINMENT" BUSINESS .
The city council of the City of Cathedral City does ordain
as follows :
SECTION 1 . Riverside County Ordinance No . 348 (which
was adopted by reference by this City Council by Ordinance
No . 12 operative March 16 , 1982 ) hereby is amended by adding
thereto a new section, to be numbered SECTION 18 . 45 , and reading
as follows :
SECTION 18 . 45 ADULT ENTERTAINMENT BUSINESSES . The
following regulations shall apply to the establishing or carrying
on of any adult entertainment business as hereinafter defined ,
within any zone that permits such use :
(a ) Purpose : The City Council finds that the
concentration of certain "adult entertainment"
businesses in the City of Cathedral City
will tend to result in the blighting and
deterioration of the areas of such concen-
tration. Accordingly, it is necessary that
these businesses be regulated in such a
manner as to prevent the erosion of the
character of the affected neighborhoods .
By these regulations , it is intended to
allow the establishment of adult entertainment
businesses only in certain commercial and
industrial zones and only in suitable areas
or locations where such businesses will
not have a deleterious effect on adjacent
residentially zoned areas , schools , religious
institutions , youth clubs , public parks ,
and public buildings .
( b ) Definitions . For the purpose of this section ,
certain terms and words are defined as
follows :
(1 ) "Adult entertainment businesses" are
those businesses defined as follows :
a . "Adult arcade" means an establishment
where , for any form of consideration,
one or more motion picture projectors ,
slide projectors , or similar machines ,
for viewing by five or fewer persons
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each , are used to show films , motion
pictures , video cassettes , slides , or
other photographic reproductions which
are characterized by an emphasis upon
the depiction or description of "specified
sexual activities" or "specified anatomical
areas . "
b . "Adult bookstore" means an establishment
which has as a substantial portion of
its stock-in-trade and offers for sale
or viewing for any form of consideration
any one or more of the following:
1 ) Books , magazines , periodicals or other
printed matter, or photographs , films ,
motion pictures , video cassettes , slides ,
or other visual representations which
are characterized by an emphasis upon
the depiction or description of "specified
sexual activities" or "specified anatomical
areas" , or
2 ) Instruments , devices , or paraphernalia
which are designed for use in connection
with "specified sexual activities . "
c . "Adults cabaret" means a nightclub , bar,
restaurant , or similar establishment which
features live performances which are
characterized by the exposure of "specified
anatomical areas" or by "specified sexual
activities , " or films , motion pictures ,
video cassettes , slides , or other photo-
graphic reproductions which are character-
ized by an emphasis upon the depiction
or description of "specified sexual
activities" or "specified anatomical areas . "
d . "Adult motel" means a motel or similar
establishment offering public accommodations
for any form of consideration which provides
patrons with closed-circuit television
transmissions , films , motion pictures ,
video cassettes , slides or other photo-
graphic reproductions which are character-
F ized by an emphasis upon the depiction
or description of "specified sexual
activities" or "specified anatomical areas . "
e . "Adult motion picture theater" means an
establishment where , for any form of con-
sideration , films , motion pictures , video
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cassettes , slides , or similar photographic
reproductions are shown, and in which a
substantial portion of the total presen-
tation time is devoted to the showing of
material which is characterized by an
L emphasis upon the depiction or description
of "specified sexual activities" or "specified
anatomical areas . "
f . "Adult theater" means a theater, concert
hall , auditorium , or similar establishment
which , for any form of consideration ,
regularly features live performances which
are characterized by the exposure of
"specified anatomical areas" or by "specified
sexual activities . "
g . "Massage parlors" means any place where ,
for any form of consideration or gratuity,
massage , alcohol rub , administration of
fomentations , electric or magnetic treat-
ments , or any other treatment or manipulation
of the human body occurs as a part of,
or in connection with "specified sexual
activities , " or where any person providing
such treatment , manipulation , or service
related thereto, exposes "specified anatom-
ical areas . " The definition of adult
entertainment business shall not include
the practice of massage in any licensed
hospital , nor by a licensed physician ,
surgeon, chiropractor or osteopath , nor
by any nurse or technician working under
the supervision of a licensed physician ,
surgeon, chiropractor or osteopath , nor
by trainers for any amateur, semiprofessional
or professional athlete or athletic team
or school athletic program .
h . "Sexual encounter establishment" means
an establishment , other than a hotel , motel ,
or similar establishment offering public
accommodations , which , for any form of
consideration , provides a place where two
=s or more persons may congregate , associate,
or consort for the purpose of "specified
sexual activities" or the exposure of
`# "specified anatomical areas . " The definition
of adult entertainment business shall not
include an establishment where a medical
practitioner , psychologist , psychiatrist ,
or similar professional person licensed
by the state engages in sexual therapy.
3 .
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( 2 ) The "establishment" of an adult enter-
tainment business means and includes
any of the following:
a . The opening or commencement of any
such business as a new business ;
b . The conversion of an existing business ,
whether or not an adult entertainment
business , to any of the adult enter-
tainment businesses defined in this
section ;
c . The addition of any of the adult
entertainment businesses defined
in this section to any other existing
adult entertainment business ; or
d . The relocation of any such business .
( 3 ) "Public building" 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 for governmental purposes .
(4 ) "Public park" means a park , playground ,
swimming pool , reservoir, or athletic
field within the city which is under
the control , operation , or management
of the city park and recreation department .
(5 ) "Religious institution" mears a building
which is used primarily for religious
worship and related religious activities .
(6 ) "School" means any public or private
educational facility including child
day care facilities , nursery schools ,
preschools , kindergartens , elementary
schools, primary schools , intermediate
L schools , junior high schools , middle
schools , high schools , vocational schools,
secondary schools , continuation schools,
special education schools , junior colleges ,
and universities . School includes the
schoolgrounds , but does not include the
facilities used primarily for another
purpose and only incidentally as a school .
4 .
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( 7) "Specified anatomical areas , " as used
in this section means and includes any
of the following :
a . Less than completely and opaquely
covered human genitals , pubic region,
buttocks , anus , or female breasts
below a point immediately above the
L top of the areolae ; or
b . Human male genitals in a descernibly
turgid state , even if completely
and opaquely covered .
( 8 ) "Specified sexual activities , " as used
in this section, means and includes any
of the following :
a . The fondling or other intentional
touching of human genitals , pubic
region , buttocks , anus , or female
breasts ;
b . Sex acts , normal or perverted , actual
or simulated , including intercourse ,
oral copulation, or sodomy ;
c . Masturbation, actual or simulated ;
or
d . Excretory functions as part of or
in connection with any of the activities
set forth in subdivisions a through
c of this subsection .
( c ) Establishment of businesses regulated . The
establishment of an adult entertainment
business shall be permitted only in a com-
mercial or industrial zone in which such
use is listed as permissible by conditional
use permit , and then shall be subject to
the following restrictions . No person shall
cause or permit the establishment of any
of the following "adult entertainment"
businesses , as defined above , within 2 , 000
feet of another such business or within 1 , 000
4's feet of any religious institution, school ,
boys ' club , girls ' club, or similar existing
youth organization , or public park or public
building, or within 1 , 000 feet of any property
zoned for residential use or used for
residential purposes : adult arcade , adult
bookstore , adults cabaret , adult motel , adult
motion picture theater, adult theater , massage
parlor, or sexual encounter establishment .
5 . 000331
( d ) Measurement of distance . The distance
between any two adult entertainment
businesses shall be measured in a straight
line , without regard to intervening
structures , from the closest exterior
II structural wall of each business . The
distance between any adult entertainment
business and any religious institution ,
school , boy ' s club , girl ' s club or similar
existing youth organization , or public
park or public building , or any property
zoned for residential use or used for
residential purposes shall be measured
along the closest accessible route over
public streets or highways around any
natural or man-made barriers , from the
closest exterior structural wall of the
adult entertainment business to the
closest property line of the religious
institution , school , boy ' s club , girl ' s
club etc . or public park or public building,
or the property zoned for residential use
or used for residential purposes .
SECTION 2 . Section 9 . 50 of Riverside County Ordinance
No . 348 (which was adopted by reference by the City Council
by Ordinance No . 12 operative March 16 , 1982 ) hereby is amended
by adding to subsection ( b ) thereof concerning uses permitted
by conditional use permit in the C-P-S zones , the following :
( 22 ) Adult entertainment businesses as defined in
Section 18 . 45 ( b ) .
SECTION 3 . Section 11 . 1 of Riverside County Ordinance
No . 348 (which was adopted by reference by this City Council
by Ordinance No . 12 operative March 16 , 1982 ) hereby is amended
by adding to subsection ( e ) thereof concerning uses permitted
by conditional use permit in the M- 1 zones , the following :
( 16 ) Adult entertainment businesses as defined in
Section 18 . 45 ( b ) .
SECTION 4 . EFFECTIVE DATE . This Ordinance shall be
IE in full force and effect thirty ( 30 ) days after passage .
SECTION 5 . POSTING . The City Clerk shall within 15 days
after . the passage of this ordinance , cause it to be posted
in at least the 3 public places designated by resolution of
the City Council ; shall certify to the adoption and posting
of this ordinance ; and shall cause this ordinance and its
certification , together with proof of posting, to be entered
in the book of ordinances of this City .
6 .
000332
The foregoing ordinance was approved and adopted at a
meeting of the City Council held on November 17 , 1982 ,
by the following vote :
Ayes : Councilmembers Case, Krings, Martin, Smith and Mayor Murphy
Noes : None
Absent : None
A I_ 11. 11
...I
MA OR / /
ATTEST :
.a//,-7,e.4 _,‘,„,,.
CITY CLERK
APPROVED AS TO FORM: APPROV I AS TO CONTENT :
TY ATTORNEY C TY ANAGER
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE
NO. 1/4347 WAS DULY ADOPTED BY THE CITY COUNCIL
OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, IN A
MEETING THEREOF HELD ON THE 17 DAY OF, ,
1°8&, AND THAT SAt;E WAS POSTED IN AT LEAST THE THREE
PUBLIC PLACES SPECIFIED FOR SUCH POSTINGS, BY THE SAID
,u
CITY COUNCIL
1 --'---.\N.,
CITY CLERK
000333