A.

The purpose and intent of Chapter 14.71 is to regulate adult-oriented businesses which, unless closely regulated, tend to have serious secondary effects on the community, including, but not limited to, the following: depreciation of property values, increase in vacancies in residential and commercial areas in the vicinity of adult-oriented businesses, interference with property owners' enjoyment of their properties when such properties are located in the vicinity of adult-oriented businesses, increase in crime, litter, noise, and vandalism in the vicinity of adult-oriented businesses, and blight conditions caused by inadequate maintenance of commercial premises and parking lots, which thereby have a deleterious effect upon adjacent areas. Special regulation of these businesses is necessary to prevent such adverse secondary effects.

B.

It is neither the intent nor the effect of these regulations to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of these regulations to restrict or deny access by adults to communicative material or to deny access by the distributors or exhibitors of adult material to their intended lawful market.

C.

Nothing in these regulations 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 regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter or the exhibition or public display thereof.

(Ord. 542 § 2 (part), 1998)

Unless otherwise specifically provided in this chapter, words and phrases used in this chapter are defined as follows:

A.

"Adult-oriented businesses" mean and include any one of the following uses, each of which is considered a separate adult-oriented business: adult-oriented arcade, adult-oriented bookstore, adult-oriented cabaret, adult-oriented hotel or motel, adult-oriented live entertainment theater, or adult-oriented motion picture theater as those terms are defined in subsections (A)(1) through (6) of this section.

1.

"Adult-oriented arcade" means any business where, for any form of consideration, one or more still or motion picture machines, projectors, or other image-producing devices, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions, where thirty percent or more of that inventory or thirty percent or more of the gross revenue is received from materials which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

2.

"Adult-oriented bookstore" means any business which sells, rents, displays or makes available to members of the public an inventory of books, magazines, periodicals, or other printed matter, photographs, drawings, motion pictures, slides, films, tapes, video cassettes, records, laser disc, or other visual, digital or audio representations, where twenty-five percent or more of that inventory or twenty-five percent or more of the gross revenue is received from, or twenty-five percent or more of the gross floor area consists of books, magazines, periodicals, or other printed matter, photographs, drawings, motion pictures, slides, films, tapes, video cassettes, records, laser disc or other visual, digital or audio representations which describe or depict specified sexual activities or specified anatomical areas.

3.

"Adult-oriented cabaret" means a nightclub, restaurant, or similar business establishment which (1) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified sexual activities or specified anatomical areas, or (2) regularly features persons who appear seminude, or (3) shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic or digital reproductions thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

4.

"Adult-oriented hotel or motel" means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which (1) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic or digital reproductions thirty percent or more of the number of which are distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas; and (2) rents, leases, or lets any room for less than a six-hour period, or rents, leases, or lets any single room more than twice in a twenty-four hour period.

5.

"Adult-oriented live entertainment theater" means a theater, concert hall, auditorium, or similar establishment which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified sexual activities or specified anatomical areas.

6.

"Adult-oriented motion picture theater" means any business, other than a hotel or motel, where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic or digital reproductions are shown—for viewing by six or more persons including without limitation the presentation of films, motion pictures, video cassettes, slides, or similar photographic productions by means of a video tape system which utilizes a viewer screen or television set,—and thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

B.

"Distinguished or characterized by an emphasis upon" means and refers to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme is the depiction of the enumerated sexual activities or anatomical areas. See, Pringle v. City of Covina, 115 Cal. App.3d 151 (1981).

C.

"Establishment of an Adult-Oriented Business." For purposes of this chapter, to "establish" an adult-oriented business means any of the following which occur after the effective date of the ordinance codified in this chapter:

1.

The opening or commencement of any adult-oriented business as a new business;

2.

The conversion of an existing business, whether or not an adult-oriented business, to any other adult-oriented business;

3.

The addition of any of the specific adult-oriented businesses defined in subsection A of this section to any other existing adult-oriented business;

4.

The relocation of any adult-oriented business;

5.

The physical expansion of any existing adult-oriented business, "physical expansion" being defined as any increase of more than ten percent of the floor area of the premises containing an adult-oriented business.

D.

"Regularly features" with respect to an adult-oriented live entertainment theater or adult-oriented cabaret means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two or more occasions within a thirty-day period, or on four or more occasions within a one hundred and eighty-day period, to the extent permitted by law shall be deemed to constitute a regular and substantial course of conduct.

E.

"Performer" means any person who is an employee or independent contractor of the adult-oriented business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an adult-oriented business.

F.

"Religious institution" means a structure which is used primarily for religious worship and related religious activity.

G.

"School" means any child care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.

H.

"Seminude" means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.

I.

"Specified anatomical areas" means and includes any of the following, whether actual or simulated:

1.

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

2.

Human male genitals in a discernible turgid state, even if completely and opaquely covered.

J.

"Specified sexual activities" means and includes any of the following:

1.

The fondling or touching of human genitals, pubic regions, buttocks, anus, or female breasts;

2.

Sex acts, actual or simulated, including but not limited to intercourse, oral copulation, or sodomy;

3.

Masturbation, actual or simulated;

4.

Masochism, erotic or sexually oriented torture, or beating or the infliction of pain;

5.

Erotic or lewd touching, lewd fondling, or other lewd contact by a human being with an animal;

6.

Excretory functions as part of, or in connection with, any of the above activities.

K.

"Transfer of ownership or control of an adult-oriented business" means and includes any of the following:

1.

The sale, lease, or sublease of the business;

2.

The transfer of securities or other interests which constitute a controlling interest in the business, whether by sale, exchange, or similar means, with or without consideration;

3.

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

(Ord. 542 § 2 (part), 1998)

A.

No person shall operate or establish an adult-oriented business as defined in this code, in any zone of the city except the CPD, CB, M or MRP zones.

B.

No building permit or zoning clearance, business tax receipt, adult-oriented business regulatory permit, or other permit or entitlement for use shall be legally valid if issued to any adult-oriented business proposed to operate or to be established in any zone of the city except in the CPD, CB, M or MRP zones.

C.

In addition to the requirements of obtaining an adult-oriented business regulatory permit, any adult-oriented business proposed to be operated or established in the CPD, CB, M or MRP zones shall be subject to the following restrictions:

1.

No adult-oriented business shall be operated in the same building, structure, or portion thereof containing another adult-oriented business or use as defined in this chapter.

2.

No adult-oriented business shall be established or operated at any location closer than five hundred feet to the following uses:

a.

Any school as defined in Section 14.71.020(F) or any parcel zoned to accommodate school uses;

b.

Any public park, playground, or recreational facility or any parcel zoned to accommodate park, playground, or recreational uses;

c.

Any religious institution as defined in Section 14.71.020(E) or any parcel zoned to accommodate a religious institution;

d.

Another adult-oriented business; or

e.

Any parcel zoned to permit residential uses.

D.

Distance between any two adult-oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest property line of each business. Distances between any adult-oriented business and any religious institution, school, public park, playground, recreational facility or residentially-zoned parcel shall be measured in a straight line, without regard to intervening structures, from the closest property line of the adult-oriented business to the closest property line of the religious institution, school, public park, playground, recreational facility or residentially-zoned parcel.

(Ord. 542 § 2 (part), 1998)

A.

Any adult-oriented business lawfully operating on the effective date of the ordinance codified in this chapter in a location in which Section 14.71.030 does not allow an adult-oriented business to be established shall be deemed a nonconforming use and may continue to operate in such location for a period of fourteen months, provided an adult-oriented business regulatory permit is issued for the business as provided in Sections 14.71.050 and 14.71.060. The planning commission may grant one or more one-year extensions of such period on a convincing showing by the permittee of extreme financial hardship, which is defined as the inability of a reasonably prudent operator of the business to recover a reasonable financial investment in the business within the time allowed. "Reasonable financial investment" refers to investment as of the effective date of the ordinance codified in this chapter, including any written lease entered into by the permittee before such date and extending more than one year from such date.

B.

An adult-oriented business operating as a nonconforming use may not increase the floor area occupied by the adult-oriented business on the effective date of the ordinance codified in this chapter. A nonconforming use shall terminate if voluntarily discontinued for thirty or more consecutive days. However, a nonconforming use may be changed to a conforming use.

C.

An adult-oriented business lawfully operating on the effective date of the ordinance codified in this chapter in a location in which Section 14.71.030 allows an adult-oriented business to be established, is not rendered nonconforming by the location, subsequent to the grant or renewal of an adult-oriented business regulatory permit, of a religious institution, school, public park, playground, recreational facility, or residentially-zoned parcel, within five hundred feet of the adult-oriented business.

D.

If two or more adult-oriented businesses are lawfully operating on the effective date of the ordinance codified in this chapter in locations in which Section 14.71.030 allows adult-oriented businesses to be established are within five hundred feet of one another, the adult-oriented business that was first established and has been in continuous operation at the particular location is deemed the conforming use and the later established business is deemed to be nonconforming.

E.

All adult-oriented businesses operating on the effective date of the ordinance codified in this chapter shall apply for an adult-oriented business regulatory permit as provided in Section 14.71.060 within thirty days of such effective date. No such adult-oriented business shall continue to operate if the permit is denied.

(Ord. 542 § 2 (part), 1998)

A.

It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, on or upon any premises in the city, the operation of an adult-oriented business unless the person first obtains and continues to maintain in full force and effect a permit from the city as herein required. (adult-oriented business regulatory permit)

B.

It is unlawful for any persons to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in any adult-oriented business unless the person first obtains and continues in full force and effect a permit from the city as herein required. (adult-oriented business performer permit)

(Ord. 542 § 2 (part), 1998)

A.

Every person who proposes to maintain, operate or conduct an adult-oriented business in the city shall file an application with the city manager or the city manager's designee upon a form provided by the city and shall pay a filing fee, as established by resolution adopted by the city council from time to time, which fee shall not be refundable.

B.

Adult-oriented business regulatory permits are nontransferable, except in accordance with Section 14.71.090. All applications shall include the following information:

1.

If the applicant is an individual, the individual shall state his or her legal name, including any aliases, and address, and shall submit satisfactory written proof that he or she is at least eighteen years of age.

2.

If the applicant is a partnership, the partners shall state the partnership's complete name, address, the names of all partners, and whether the partnership is general or limited, and shall attach a copy of the partnership agreement, if any.

3.

If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers and directors, the name of the registered corporate agent, and the address of the registered office for service of process.

4.

If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a ten percent or greater interest in the business entity shall sign the application.

5.

If the applicant intends to operate the adult-oriented business under a name other than that of the applicant, the applicant shall file the fictitious name of the adult-oriented business and show proof of registration of the fictitious name.

6.

The applicant shall describe the type of adult-oriented business for which the permit is requested and the proposed address where the adult-oriented business will operate. If the location of the adult-oriented business is leased by the applicant, the applicant shall submit the names and addresses of the owners and lessors of the proposed adult-oriented business site.

7.

The applicant shall state the address to which notice of action on the application is to be mailed.

8.

The names of all employees, independent contractors, and other persons who will perform at the adult-oriented business and who are required by Section 14.71.100 to obtain an adult-oriented business performer license shall be provided. For ongoing reporting requirements, see Section 14.71.160.

9.

The applicant shall provide a sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult-oriented business. The sketch or diagram 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.

10.

The applicant shall provide a straight-line drawing prepared within thirty days prior to submitting the application depicting the following information: (1) the building and the portion thereof to be occupied by the adult-oriented business, (2) the closest exterior wall of any other adult-oriented business within five hundred feet of the primary entrance of the adult-oriented business for which a permit is requested, and (3) the property lines of any religious institution, school, public park, playground, recreational facility, or residentially zoned parcel within five hundred feet of the closest exterior wall of the adult-oriented business.

11.

A diagram shall be submitted depicting the off-street parking areas and premises entries of the adult-oriented business showing the location of the lighting system required by Section 14.71.150.

C.

If the city manager determines that the applicant has completed the application improperly, the city manager shall promptly notify the applicant of such fact and, on request of the applicant, grant the applicant an extension of time of ten days or less to complete the application properly. In addition, the applicant may request an extension, not to exceed fourteen days, of the time for the planning commission to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.

D.

The fact that an applicant possesses other types of state or city permits or licenses does not exempt the applicant from the requirement of obtaining an adult-oriented business regulatory permit.

(Ord. 542 § 2 (part), 1998)

A.

Upon receipt of a completed application and payment of the application and permit fees, the city manager shall immediately stamp the application as received and promptly investigate the information contained in the application to determine whether the application shall be forwarded to the planning commission for action. After an application for an adult-oriented business regulatory permit is stamped complete, and the city manager has determined that the locational requirements set forth in Section 14.71.030 are met, any use as defined in Section 14.71.030(C)(2) which locates within five hundred feet of the location of the proposed AOB shall not cause such AOB regulatory permit application to become inconsistent with this chapter.

B.

Within thirty days of receipt of the completed application, the city manager shall set the application for a public hearing on the planning commission's next available regularly scheduled meeting. Noticing shall be provided pursuant to Carpinteria Municipal Code Section 14.76.010. The city manager shall complete the investigation, and shall recommend that the planning commission grant or deny the application in accordance with the provisions of this section, and shall notify the applicant of the time and place set for the planning commission hearing on the application. After the planning commission action on the application, the city manager shall notify the applicant as follows:

1.

The city manager shall write or stamp "granted" or "denied" on the application and date and sign such notation;

2.

If the application is denied, the city manager shall attach to the application a statement of the reasons for denial;

3.

If the application is granted, the city manager shall attach to the application an adult-oriented business regulatory permit;

4.

The application as granted or denied and the permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application.

C.

The city manager shall recommend granting the application, and the planning commission shall grant the application, and issue the adult-oriented business regulatory permit, upon findings that the proposed business meets the locational criteria of Section 14.71.030 and that the applicant has met all of the development and performance standards and requirements of Section 14.71.150, unless the application is denied for one or more of the reasons set forth in Section 14.71.080. The permittee shall post the permit conspicuously in the adult-oriented business premises.

D.

If the planning commission grants the application, or if the planning commission neither grants nor denies the application within sixty days after it is stamped as received (except as provided in Section 14.71.060(C)), the applicant may begin operating the adult-oriented business for which the permit was sought, subject to strict compliance with the development and performance standards and requirements of Section 14.71.150.

E.

For purposes of application processing, any application for a permit pursuant to this chapter is considered to be a ministerial permit and, as such, is not subject to the time frames specified in Section 65950 et. seq. of the California Government Code or the requirements of the California Environmental Quality Act.

F.

Each adult-oriented business regulatory permit shall expire one year from the date of issuance, and may be renewed only by filing with the planning commission a written request for renewal, accompanied by the filing fee and a copy of the permit to be renewed. The request for renewal shall be made at least sixty days before the expiration date of the permit. If the one year time limit expires and no extension has been granted, then the adult-oriented regulatory permit shall be considered null and void. Applications for renewal shall be acted on as provided herein for action upon applications for adult-oriented business regulatory permits.

(Ord. 542 § 2 (part), 1998)

The planning commission shall deny the application solely for any of the following reasons:

A.

The building, structure, equipment, or location used by the business for which an adult-oriented business regulatory permit is required do not comply with the requirements and standards of the health, zoning, fire and safety laws of the city and the state, or with the locational or development and performance standards and requirements of these regulations;

B.

The applicant, his or her employee, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult-oriented business regulatory permit;

C.

An applicant is under eighteen years of age;

D.

The required application fee has not been paid.

(Ord. 542 § 2 (part), 1998)

A.

A permittee shall not operate an adult-oriented business under the authority of an adult-oriented business regulatory permit at any place other than the address of the adult-oriented business stated in the application for the permit.

B.

A permittee shall not transfer ownership or control of an adult-oriented business or transfer an adult-oriented business regulatory permit to another person unless and until the transferee obtains an amendment to the permit from the planning commission stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the city manager in accordance with Section 14.71.060 et. seq., the transferee accompanies the application with a transfer fee in an amount set by resolution of the city council, and the planning commission determines in accordance with Section 14.71.070 that the transferee would be entitled to the issuance of an original permit.

C.

No permit may be transferred if the city manager has notified the permittee that the permit has been or may be suspended or revoked.

D.

Any attempt to transfer a permit either directly or indirectly in violation of this section is declared void, and the permit shall be deemed revoked.

(Ord. 542 § 2 (part), 1998)

A.

No person shall engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult-oriented business without a valid adult-oriented business performer permit issued by the city. All persons who have been issued an adult-oriented business regulatory permit shall promptly supplement the information provided as part of the application for the permit required by Section 14.71.060 with the names of all performers required to obtain an adult-oriented business performer permit within thirty days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension of the adult-oriented business regulatory permit.

B.

The city manager or the city manager's designee shall grant, deny and renew adult-oriented business performer permits.

C.

The application for a permit shall be made on a form provided by the city manager. An original and two copies of the completed and sworn permit application shall be filed with the city manager.

D.

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

1.

The applicant's legal name and any other names (including "stage names" and aliases) used by the applicant;

2.

Age, date and place of birth;

3.

Height, weight, hair and eye color;

4.

Present residence address and telephone number;

5.

The business address and telephone number of the adult-oriented business where the licensee intends to perform;

6.

A history of adult-oriented business performer permits issued by the city to the applicant for the five years immediately preceding the date of application;

7.

Whether the applicant has ever been convicted of:

a.

Any of the offenses set forth in Sections 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(D) of the California Penal Code as those sections now exist or may hereafter be amended or renumbered.

b.

The equivalent of the aforesaid offenses outside the state.

8.

Whether such person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any person mentioned in this subsection has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of such registration, licensing or legal authorization, and the inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution;

9.

State driver's license or identification number;

10.

Satisfactory written proof that the applicant is at least eighteen years of age;

11.

The applicant's fingerprints on a form provided by the sheriff's department, and a color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant; and

12.

If the application is made for the purpose of renewing a license, the applicant shall attach a copy of the license to be renewed.

E.

The completed application shall be accompanied by a nonrefundable filing fee. The amount of the fee shall be set by resolution of the city council.

F.

Upon receipt of an application and payment of the application fees, the city manager shall immediately stamp the application as received and promptly investigate the application.

G.

If the city manager determines that the applicant has completed the application improperly, the city manager shall promptly notify the applicant of such fact and grant the applicant an extension of time of not more than ten days to complete the application properly. In addition, the applicant may request an extension, not to exceed ten days, of the time for the city manager to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.

(Ord. 542 § 2 (part), 1998)

A.

Within five days after receipt of the properly completed application, the city manager shall grant or deny the application and so notify the applicant as follows:

1.

The city manager shall write or stamp "granted" or "denied" on the application and date and sign such notation.

2.

If the application is denied, the city manager shall attach to the application a statement of the reasons for denial.

3.

If the application is granted, the city manager shall attach to the application an adult-oriented business performer permit.

4.

The application as granted or denied and the permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the residence address stated in the application.

B.

The city manager shall grant the application and issue the permit unless the application is denied for one or more of the reasons set forth in subsection D of this section.

C.

If the city manager grants the application or if the city manager neither grants nor denies the application within five days after it is stamped as received (except as provided in Section 14.71.100 (G)), the applicant may begin performing in the capacity for which the license was sought.

D.

The city manager shall deny the application for any of the following reasons:

1.

The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a permit or in any report or document required to be filed with the application;

2.

The applicant is under eighteen years of age;

3.

The adult-oriented business performer permit is to be used for performing in a business prohibited by state law or in violation of this chapter;

4.

The applicant has been registered in any state as a prostitute; or

5.

The applicant has been convicted of any of the offenses enumerated in Section 14.71.100(D)(7) or convicted of an offense outside the state that would have constituted any of the described offenses if committed within the state for which:

a.

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 a misdemeanor offense.

b.

Less than five years has elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is a felony offense.

c.

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 offense occurring within any twenty-four-month period.

E.

Each adult-oriented business performer permit shall expire one year from the date of issuance and may be renewed only by filing with the city manager a written request for renewal, accompanied by the application fee and a copy of the permit to be renewed. The request for renewal shall be made at least sixty days before the expiration date of the permit. If the time limit expires and no extension has been granted, then the adult-oriented business performer permit shall be considered null and void. Applications for renewal shall be acted on as provided herein for applications for permits.

(Ord. 542 § 2 (part), 1998)

A.

An adult-oriented business regulatory permit or adult-oriented business performer permit may be suspended in accordance with the procedures and standards of this section.

B.

The city manager shall suspend a permit for a period not to exceed thirty days if the city manager determines that a permittee, or an employee of a permittee, has violated or is not in compliance with any section of this chapter.

(Ord. 542 § 2 (part), 1998)

An adult-oriented business regulatory permit or adult-oriented business performer permit may be revoked in accordance with the procedures and standards of this section.

A.

The planning commission shall revoke a permit if a cause of suspension, as set out in Section 14.71.120, occurs and the permit has been suspended one or more times within the preceding year.

B.

In addition, the planning commission shall revoke a permit upon determining that:

1.

A permittee gave false or misleading information in the application that tended to enhance the applicant's opportunity to obtain the permit;

2.

A permittee or an employee of a permittee knowingly operated the adult-oriented business during a period of time the permit was suspended; or

3.

A permittee has been operating more than one adult-oriented business in the same building, structure or portion thereof.

C.

When the planning commission revokes a permit, the revocation shall continue for one year, and the permittee shall not be issued another adult-oriented regulatory permit or performer permit for one year from the date the revocation became effective. If, subsequent to revocation, the planning commission finds that the basis for revocation had been corrected, the planning commission shall grant a permit if at least thirty days have elapsed since the date of revocation.

(Ord. 542 § 2 (part), 1998)

After denial of an application for an adult-oriented business regulatory permit or an adult-oriented business performer permit, or after denial of renewal of a permit, or after suspension or revocation of a permit by the planning commission, or after an extension of time for a nonconforming use is denied by the planning commission, the applicant or person to whom the permit was denied may seek review of such administrative action by the city council in accordance with the provisions of Section 14.78.040 of the Municipal Code. If the denial, suspension or revocation is affirmed on review, the applicant or permittee may seek prompt judicial review of such administrative action pursuant to California Code of Civil Procedure Section 1084. The city shall make all reasonable efforts to expedite judicial review.

(Ord. 542 § 2 (part), 1998)

In addition to all applicable zoning requirements set forth in the article of the city's zoning ordinance applicable to the property where the business is located, adult-oriented businesses established after the effective date of the ordinance codified in this chapter shall comply with the following:

A.

Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the fire and building regulations and standards adopted by the city, including, but not limited to, the Uniform Building Code and Uniform Fire Code.

B.

All off-street parking areas and premise entries of the adult-oriented business shall be illuminated from dusk to closing hours of the operation with a lighting system which provides an average maintained horizontal illumination of one foot candle of light on the parking surface and/or walkways serving the adult-oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.

C.

Signage shall comply with applicable city regulations and shall not contain sexually oriented photographs, silhouettes, or other pictorial representations.

D.

No adult-oriented business shall be operated in any manner that permits the observation of any material or activities depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, window, show window or other opening visible to the public. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.

E.

All building entrances to an adult-oriented business shall be clearly and legibly posted with a notice indicating that: (1) the premises contain adult- oriented material or offer adult-oriented entertainment, (2) persons offended by this type of material or entertainment may not wish to enter, and (3) persons under eighteen years of age are prohibited from entering the premises. The notice shall be constructed and posted to the satisfaction of the city manager or designee. No person under the age of eighteen years shall be permitted on the premises at any time.

F.

It is unlawful for any permittee, operator, or other person in charge of any adult-oriented business to employ any person who is not at least eighteen years of age.

G.

The premises within which the adult-oriented business is located shall provide sufficient sound-absorbing insulation so that noise generated inside the premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building. No loudspeakers or sound equipment shall be used by an adult-oriented business for the amplification of sound to a level audible beyond the walls of the building in which the business is located.

H.

All indoor areas of an adult-oriented business within which patrons are permitted, except rest rooms, shall be open to view by the management at all times.

I.

No residential structure, unless such structure meets all city requirements, or any other nonconforming structure shall be converted for use as an adult-oriented business.

J.

No adult-oriented business shall be located in any temporary or portable structure.

K.

No alcoholic beverages shall be served, consumed, or sold on the premises of an adult-oriented business.

L.

Parking shall be provided in accordance with Chapter 14.54 of the Carpinteria Municipal Code as determined by the city manager based on the type of business to be conducted on the premises of the adult-oriented business.

M.

An adult-oriented business shall not conduct or sponsor any special events, promotions, festivals, concerts or similar activities that would create a demand for parking spaces beyond the number of spaces required for the business.

N.

Any license or permit required of an owner, operator, or employee of an adult-oriented business pursuant to the Carpinteria Municipal Code shall be obtained and kept current at all times.

O.

Each adult-oriented business shall conform to all applicable laws and regulations.

P.

The adult-oriented business shall not conduct any massage, acupuncture, tattooing, accu-pressure, or escort services and shall not allow such activities on the premises.

Q.

Any adult-oriented business which qualifies as an "adult-oriented arcade," shall comply with the following provisions:

1.

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be direct line of sight from the manager's station.

2.

The view area specified in subsection (Q)(1) of this section shall remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times. No patron shall be permitted access to any area of the premises which has been designated as an area in which patrons are not permitted.

3.

No viewing room may be occupied by more than one person at any one time.

4.

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 physical contact of any kind between the occupants of any two such booths or rooms.

5.

Customers, patrons or visitors shall not be allowed to stand idly by in the vicinity of any such video booths, or to remain in the common area of such business, other than the restrooms, when not actively engaged in shopping for or reviewing the products available on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths.

6.

The floors, seats, walls and other interior portions of all video booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any such booths shall be evidence of improper maintenance and inadequate sanitary controls; instances of such conditions may justify suspension or revocation of the adult-oriented business regulatory permit.

R.

All areas of the adult-oriented business shall be illuminated at a minimum with the following foot-candles, minimally maintained and evenly distributed at ground level:

S.

The adult-oriented business shall provide and maintain separate restroom facilities for male patrons and employees and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from any material depicting specified sexual activities or specified anatomical areas. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment.

The foregoing provisions of this subsection shall not apply to an adult-oriented business which deals exclusively with sale or rental of material depicting specified sexual activities or specified anatomical areas which is not used or consumed on the premises, such as an adult-oriented bookstore or adult-oriented arcade, and which does not provide restroom facilities to its patrons or the general public.

T.

The following additional requirement shall pertain to adult-oriented businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities, except for business regulated by the Alcoholic Beverage Control Commission:

1.

No person shall perform live entertainment for patrons of an adult-oriented business except upon a stage at least eighteen inches above the level of the floor which is separated by a distance of at least ten feet from the nearest area occupied by patrons, and no patron shall be permitted within ten feet of the stage while the stage is occupied by an entertainer.

2.

The adult-oriented business shall provide separate dressing room facilities for performers which are exclusively dedicated to the performers' use.

3.

The adult-oriented business shall provide an entrance/exit for performers which is separate from the entrance/exit used by patrons.

4.

The adult-oriented business shall provide access for performers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the adult-oriented business shall provide a minimum three-foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier which is capable of (and which actually results in) separating the patrons and the performer preventing any physical contact between patrons and performers.

5.

No performer, either before, during or after performances, shall have physical contact with any patron, and no patron shall have physical contact with any performer either before, during or after performances by such performer. This subsection shall only apply to physical contact on the premises of the adult-oriented business.

6.

Fixed rail(s) at least thirty inches in height shall be maintained establishing the separations between performers and patrons required by this subsection.

7.

No patron shall directly pay or give any gratuity to any performer and no performer shall solicit any gratuity from any patron.

U.

Adult-oriented businesses shall employ security guards in order to maintain the public peace and safety, based upon the following standards:

1.

Adult-oriented businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than thirty-five persons, an additional security guard shall be on duty.

2.

Security guards for other adult-oriented businesses may be required if it is determined by the city manager that their presence is necessary.

3.

Security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state law. No security guard required pursuant to this subsection shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's station while acting as a security guard.

V.

The foregoing applicable requirements of this section shall be deemed conditions of an adult-oriented business regulatory permit approval, and failure to comply with every such requirement shall be grounds for revocation of the permit issued pursuant to these regulations.

(Ord. 542 § 2 (part), 1998)

Every permittee of an adult-oriented business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities must maintain a register of all persons so performing on the premises and their adult-oriented business performer permit numbers. Such register shall be available for inspection during regular business hours by any county sheriff's department, health department, fire department, community development department, or other city department.

(Ord. 542 § 2 (part), 1998)

A.

Every adult-oriented business shall display at all times during business hours the permit issued pursuant to the provisions of this chapter for such adult-oriented business in a conspicuous place so that the same may be readily seen by all persons entering the adult-oriented business.

B.

The city manager shall provide each adult-oriented business performer required to have a permit pursuant to the chapter with an identification card containing the name, address, photograph and permit number of such performer.

C.

An adult-oriented business performer shall have such card available for inspection at all times during which such person is on the premises of the adult-oriented business.

(Ord. 542 § 2 (part), 1998)

A.

It is unlawful for any permittee, operator, or other person in charge of any adult-oriented business to employ, or provide any service for which it requires such permit to, any person who is not at least eighteen years of age.

B.

It is unlawful for any permittee, operator or other person in charge of any adult-oriented business to permit to enter or remain within the adult-oriented business any person who is not at least eighteen years of age.

(Ord. 542 § 2 (part), 1998)

An applicant or permittee shall permit representatives of the county sheriff's department, health department, fire department, community development department, or other city departments or agencies to inspect the premises for an adult-oriented business for the purpose of insuring compliance with the law and development and performance standards applicable to adult-oriented businesses at any time it is occupied or open for business. A person who operates an adult-oriented business or his or her agent or employee is in violation of the provisions of this section if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or opened for business.

(Ord. 542 § 2 (part), 1998)

The provisions of this article regulating adult-oriented businesses are not intended to be exclusive, and compliance therewith shall not excuse compliance with any other regulations pertaining to the operation of businesses as adopted by the city.

(Ord. 542 § 2 (part), 1998)

It is unlawful for any owner, operator, manager, or permittee in charge of or in control of an adult-oriented business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities to allow any person to perform such entertainment who is not in possession of a valid, unrevoked adult-oriented business performer permit.

(Ord. 542 § 2 (part), 1998)

All persons who possess an outstanding business license heretofore issued for the operation of an adult-oriented business and all persons required by this chapter to obtain an adult-oriented business performer permit must apply for and obtain such permit within ninety days of the effective date of the ordinance codified in this chapter. Operation of an adult-oriented business, or the presentation of performances depicting specified anatomical areas or specified sexual activities in an adult-oriented business after the lapse of such time, without obtaining the required permit(s) shall constitute a violation of this chapter.

(Ord. 542 § 2 (part), 1998)

An adult-oriented business may neither sell, rent, or display "obscene matter" as that term is defined by Penal Code Section 311 or its successors nor exhibit any "harmful matter" to minors, as that term is defined by Penal Code Section 313 or its successors.

(Ord. 542 § 2 (part), 1998)

The application of this chapter shall not relieve any person from complying, without limitation, with the provisions of Municipal Code Chapter 12.36, relating to newsracks, or Municipal Code Chapter 9.60, relating to public nudity.

(Ord. 542 § 2 (part), 1998)

Violations of this chapter shall be remediable either by civil or criminal action, as provided by the Carpinteria Municipal Code.

To the extent permitted by law, any person substantially affected by an adult-oriented business may pursue available legal or equitable remedies.

(Ord. 542 § 2 (part), 1998)

Any person who operates an adult-oriented business on premises that constitute an adult-oriented business is responsible for compliance with this chapter and is subject to civil and criminal remedies for violations thereof. "Operate" shall mean to own, lease (as lessor or lessee), rent (as landlord or tenant or as agent for purpose of representing a principal in the management, rental or operation of the property of such principal), manage, conduct, direct, or be employed in an adult-oriented business.

(Ord. 542 § 2 (part), 1998)