Santa Maria City Zoning Code
CHAPTER 12
45 REGULATION OF ADULT BUSINESSES
Section 12-45.101 Purpose.
The purpose of this chapter is to regulate Adult Oriented Businesses which, because of their very nature, are believed to have many of the recognized significant secondary effects on the community which include, but are not limited to: higher crime rates, noise, debris or vandalism in the vicinity of Adult Oriented Businesses; and blighting conditions such as low level maintenance of commercial premises and parking lots which thereby have a deleterious effect upon adjacent areas. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the neighborhoods in the vicinity of the Adult Oriented Businesses. It is neither the intent, nor effect of this chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent, nor effect of this chapter to restrict or deny access by adults to Sexually Oriented Materials or Merchandise protected by the First Amendment, or to deny access by the distributors or exhibitors of Adult Oriented Business to their intended market.
Nothing in this chapter 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 of California regarding public nuisances, unlawful exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.
(Ord. 00-01, eff. 2/01/01; Ord. 93-20,, 08/05/93)
Section 12-45.102 Definitions.
means any establishment, which as a regular and substantial course of conduct, displays and/or distributes Adult Merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, slides, films, or other written, oral or visual representations which are distinguished or characterized by an emphasis on matter depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Parts.
means a nightclub, bar, lounge, restaurant or similar establishment or concern which features as a regular and substantial course of conduct, any type of live entertainment, films, motion pictures, videos, slides, other photographic reproductions, or other oral, written, or visual representations which are characterized by an emphasis on matter depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Parts.
means a hotel or motel, which as a regular and substantial course of conduct provides to its patrons, through the provision of rooms equipped with closed-circuit television or other medium, material which is distinguished or characterized by the emphasis on matter depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Parts and which (1) rents, leases, or lets any room for less than a 12 hour period; (2) rents, leases or lets any room more than once in a 24 hour period; and/or (3) which advertises the availability of any of the above.
means any premises where there is furnished, provided or procured a figure model or models who pose in any manner which is characterized by its emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Parts where such model(s) is being observed or viewed by any person for the purpose of being sketched, painted, drawn, sculptured, photographed, filmed, or videotaped for a fee, or any other thing of value, as a consideration, compensation, or gratuity for the right or opportunity to so observe the model or remain on the premises. Adult Model Studio shall not include any Live Art Class or any studio or classroom which is operated by any public agency, or any private educational institution authorized to issue and confer a diploma or degree under Section 94300 et seq. of the Education Code, as those sections may be amended from time to time.
means any business establishment or concern containing coin or slug operated or manually or electronically controlled still, motion picture or video machines, projectors, or other image producing devices that are maintained to display images to an individual in Individual Viewing Areas when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Parts.
means any business establishment or concern which as a regular and substantial course of conduct performs as an Adult Bookstore, Adult Theater, Adult Motion Picture Arcade, Adult Cabaret, Stripper, Adult Model Studio or Adult Hotel/Motel (but not Clothing Optional Hotel/ Motel); any business establishment or concern which as a regular and substantial course of conduct sells or distributes Sexually Oriented Merchandise or Sexually Oriented Material; or any other business establishment or concern which as a regular and substantial course of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Parts. "Adult Oriented Business" shall also include any business establishment or concern which, as a regular and substantial course of conduct provides or allows performers, models, actors, actresses, or employees to appear in any place in attire which does not opaquely cover Specified Anatomical Parts. "Adult Oriented Business" does not include those uses or activities, the regulation of which is preempted by state law.
For purpose of this chapter, a business establishment or concern has established the provision of products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Parts as a regular and substantial course of conduct when one or more of the following conditions exist: | |
(1) | The area devoted to Adult Merchandise and/or Sexually Oriented Material exceeds more than twenty-five percent (25%) of the total display or floor space area open to the public; |
(2) | The business establishment or concern presents any type of live entertainment which is characterized by an emphasis on Specified Sexual Activity or Specified Anatomical Parts at least six times in any month in any given year; |
(3) | The regular and substantial course of conduct of the business consists of or involves the sale, trade, display or presentation of services, products, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Parts. |
means a business establishment or concern which, as a regular and substantial course of conduct, presents live entertainment, motion pictures, videos, slide photographs, or other pictures or visual reproductions which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Parts.
means an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to the standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school, or any special institution of learning under the jurisdiction of the State Department of Education, but does not include a vocational or professional institution or an institution of higher education including a community or junior college, college, or university.
means a building or buildings which are used primarily for religious worship and related religious activities.
means, with reference to an Adult Bookstore, Adult Cabaret, Adult Hotel or Motel, Adult Model Studio, Adult Motion Picture Arcade, Adult Theater, or other adult business:
Opening or commencement of operation as a new business.
Conversion of an existing business to an adult business.
Addition of an Adult Oriented Business to an existing business, whether or not adult, if the addition results in enlarging the place of business. For purposes of this paragraph, enlargement means an increase in the size of the building or area in which the business is conducted by either construction or use of an adjacent building or any portion thereof, whether located on the same or an adjacent lot.
means an article of clothing that opaquely covers the buttocks at least one inch on either side of the natal cleft and covers the entirety of the genitalia and pubis.
means any area used for viewing live performances, pictures, movies, videos or other presentations which has a potential maximum occupancy of 10 persons or less as determined by the Building Official under the adopted Uniform Building Code.
means any premises on which all of the following occur: there is conducted a program of instruction involving the drawing, photographing, or sculpting of live models exposing Specified Anatomical Parts; instruction is offered in a series of at least two classes; the instruction is offered indoors; an instructor is present in the classroom while any participants are present; and pre-registration is required at least 24 hours in advance of participation in the class.
means any display by a human being which is characterized by an emphasis on Specified Anatomical Parts or Specified Sexual Activities.
means a park, playground, swimming pool, beach, pier, public reservoir, lineal parkway or bikeway, or similar athletic field within the City of Santa Maria which is under the control, operation or management of the City Department of Recreation and Parks.
means an article of clothing that opaquely covers the nipple and areola of the female breast.
means any dancer, entertainer, model, or other person who performs Specified Sexual Activities or displays Specified Anatomical Parts in an Adult Oriented Business.
means any element of any merchandise, including but not limited to any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video, or other written, oral, or visual representation or presentation which, for purposes of sexual arousal, provides depictions which are characterized by an emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Parts.
means sexually oriented implements and paraphernalia, including, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity.
means
means
Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual relationship, any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerastia; or
Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or
Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or
Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or
Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or
Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or
Human excretion, urination, menstruation, vaginal or anal irrigation; or
The removal of clothing to the point where specified anatomical parts are either not opaquely covered or minimally covered with devices commonly referred to as Pasties and G-strings or equivalent clothing.
(Ord. 00-01, eff. 2/1/00; Ord. 93-20, eff. 08/05/93)
Section 12-45.103 Permitted Locations.
Adult Oriented Businesses may be established only in the C-1 (central business district) and C-2 (general commercial) zones.
(Ord. 00-01, eff. 2-1-00; Ord. 93-20, eff. 08/05/93)
Section 12-45.104 Prerequisites.
No Adult Oriented Business may be established unless the owner of the business first obtains a business license from the City of Santa Maria and complies with all other requirements of the Santa Maria Municipal Code. The above notwithstanding, no Adult Oriented Business will be required to obtain a conditional use permit or planned development permit. If an adult oriented business intends to serve alcoholic beverages, the business will first be required to obtain a conditional use permit from the City for the sale of alcoholic beverages.
(Ord. 00-01, eff. 2/1/00; Ord. 93-20, eff. 08/05/93)
Section 12-45.105 Locational and Operational Requirements.
(a)
The Adult Oriented Business shall not be located within 750 feet of any lot upon which there is properly located a Public Park, Children's School, Church, or City Public Library or any of its branches.*
(b)
The Adult Oriented Business shall not be located within 750 feet of any other Adult Oriented Business.*
(c)
Notwithstanding any other provision of this Code, any person desiring to establish an Adult Oriented Business may, at any time, file an application for a business license for the proposed business. The application will be deemed complete and accepted by the City so long as the application form prescribed by the City is completed. The business license shall be issued as a provisional license immediately upon the owner's submitting a completed application and paying of an applicable administrative fee or tax. The application shall be reviewed and shall be issued by the City within 30 calendar days of receipt of the application if all of the required findings can be made. The decision of the City to grant or deny the license is final, and subject to judicial review according to the expedited provisions of Code of Civil Procedure §1094.8. If the business is not Established within two years of the date the license is issued, the provisional business license shall automatically expire and all distance requirements specified by this section shall be reevaluated as of the day a new business license application is filed. Otherwise, the provisional license shall expire upon granting of a permanent license, denial of a permanent license, or final court judgment approving denial of the license, whichever occurs last.
This subsection is intended to avoid a prior restraint on first amendment activity of an Adult Oriented Business. It does not excuse an Adult Oriented Business from complying with other operational rules, performance standards, occupancy limits, and similar requirements of this Code.
(d)
The Adult Oriented Business will not be located completely or partially within any mobile structure or pushcart.
(e)
The Adult Oriented Business will not stage any special events, promotions, festivals, concerts or similar events which would increase the demand for parking beyond the approved number of spaces for the particular use or which would increase occupancy beyond the maximum building occupancy as determined by the Building Official of the City of Santa Maria as required by law.
(f)
The Adult Oriented Business will not conduct any massage, tattooing, acupressure, fortune-telling or escort services on the premises.
(g)
The Adult Oriented Business will provide a security system that visually records and monitors all parking lot areas. All indoor areas of the Adult Oriented Business accessible to the public will be open to public view at all times with the exception of restroom facilities. "Accessible to the public" will include but not be limited to those areas which are only accessible to members of the public who pay a fee and/or join a private club or organization as well as any area of the establishment where a patron can go.
(h)
The Adult Oriented Business shall comply with the City's sign regulations.
(i)
The Adult Oriented Business shall comply with the objective development and design requirements of the zone in which it is to be located.
(j)
The Adult Oriented Business shall not allow admittance to any person under the age of 18 if no liquor is served, or under the age of 21 if liquor is served.
(k)
For the two years prior to establishing the Adult Oriented Business and at all times during its operation in Santa Maria, neither the owner (if an individual) nor any of the directors, officers or general partners (if a corporation or partnership) of the Adult Oriented Business shall have been found guilty of a misdemeanor or felony classified by the State as a sex-related offense, including but not limited to Penal Code sections 266a-c, 266e, 266g-i, 315, 316, 647 subsection (a) or (b), or have either had an Adult Oriented Business Permit or similar license or permit suspended or revoked or have otherwise been found to have violated any of the provisions of an Adult Oriented Business Permit or similar permit, license or ordinance in any City, county, territory, or state. Nor shall any such person be on parole or probation for any of the aforementioned violations.
(l)
The owner of the Adult Oriented Business shall provide separate restroom facilities for male and female patrons. The restrooms will be free from Sexually Oriented Materials and Sexually Oriented Merchandise. Only one person will be allowed in the restroom at any time, unless otherwise required by law, in which case the owner of the Adult Oriented Business shall employ a restroom attendant of the same sex as the restroom users who shall be present in the public portion of the restroom during operating hours. The owner shall ensure that the attendant permits no person of the opposite sex in the restroom, not more than one person to enter a restroom stall, and, with the exception of urination and excretion, permit no persons to engage in any Specified Sexual Activity in the public portion of the restroom.
(m)
The interior of the Adult Oriented Business shall be configured such that there is an unobstructed view, by use of the naked eye and unaided by video, closed circuit cameras or any other means, of every public area of the premises, including but not limited to the interior of all Individual Viewing Areas, from a manager's station which is no larger than 32 square feet of floor area with no single dimension being greater than eight feet in a public portion of the establishment. No public area, including but not limited to the interior of any Individual Viewing Area, shall be obscured by any door, curtain, wall, two way mirror or other device which would prohibit a person from seeing into the interior of the Individual Viewing Area, solely with the use of the naked eye and unaided by video, closed circuit cameras or any other means, from the manager's station. A manager shall be stationed in the manager's station at all times the business is in operation or open to the public in order to enforce all rules and regulations. No Individual Viewing Area shall be designed or operated to permit occupancy of more than one person at a time.
(n)
All areas of the Adult Oriented Business shall be illuminated at a minimum of the following foot-candles, minimally maintained and evenly distributed at ground level:
Bookstores | 20 foot-candles |
Retail Establishments | 20 foot-candles |
Theater | 5 foot-candles except during performances, at which times the lighting shall be at least 1.25 foot candles |
Cabaret | 5 foot-candles except during performances, at which times the lighting shall be at least 1.25 foot candles |
Motion Picture Arcade | 10 foot-candles in public areas |
Individual Viewing Booths | 1.25 foot-candles |
Motion Picture Theater | 10 foot-candles except during performances at which times the lighting shall be at least 1.25 foot candles |
Motel/Hotel | 20 foot-candles in public areas |
(o)
The Individual Viewing Areas of the Adult Oriented Business shall be operated and maintained with no holes, openings or other means of direct visual or physical access between the interior space of two or more Individual Viewing Areas.
(q)
The Adult Oriented Business shall comply with the Noise Element of the General Plan, Interior and Exterior Noise Standards and the noise ordinance of the City of Santa Maria.
(r)
The Adult Oriented Business shall comply with all building and construction standards of the Uniform Building Code, Chapter 24 hereof, Title 24 of the California Code of Regulations, and all other federal, state and City-adopted standards for the specific use.
(s)
Live entertainment shall only be performed either (1) on a stage raised at least 18 inches above the floor and separated from patrons by a fixed rail at least 30 inches in height placed at a distance of not less than six feet from the stage and around the perimeter of the stage; or (2) in a location other than on the stage such that the Performer is separated from any patron by not less than six feet. This provision does not apply to an Individual Viewing Area where the stage is completely separated from the Individual Viewing Area by a floor to ceiling permanent, solid barrier.
(t)
No Individual Viewing Area may be occupied by more than one person at any one time.
(u)
No patron shall directly pay or give any gratuity to any Performer, and no Performer will accept any directly paid gratuity from any patron. For the purposes of this section, the phrase "directly pay" shall mean the person-to-person transfer of the gratuity. This section shall not prohibit the establishment of a non-human gratuity receptacle placed at least six feet from the stage or area which the Performer is occupying.
(v)
No Performer will intentionally have any physical contact of a sexual nature with any patron and no patron will intentionally have any physical contact of a sexual nature with any Performer while on the premises of an Adult Oriented Business. For the purposes of this subdivision, the phrase "physical contact of a sexual nature" shall mean any physical contact between any part of the Performer and the genitals, buttocks, lap, head, torso or chest of the patron and any physical contact between any part of the patron and the genitals, buttocks, lap, head, chest or torso of the Performer, whether or not such part or parts are clothed or unclothed.
(w)
No exterior door or window shall be propped or kept open at any time during hours of operation; any exterior door or windows shall be covered with opaque coverings at all times.
(x)
The owner shall provide an entrance and exit to the premises for Performers which is separate from the entrance and exit used by the public.
(y)
Neither Live Entertainment nor any Sexually Oriented Material or Sexually Oriented Merchandise shall be visible from anywhere outside the Adult Oriented Business.
(z)
At least one security guard shall be on duty outside the premises, patrolling the grounds and parking lot at all times live entertainment is offered. The security guard shall be charged with preventing violations of law and enforcing the provisions of this chapter. All security guards shall be uniformed so as to be readily identifiable as a security guard by the public. No person acting as a security guard shall act as a doorperson, ticket taker or seller, or similar functionary while acting as a security guard. For all Adult Oriented Businesses providing Live Entertainment, an additional security guard shall be provided with each increase in maximum occupancy of 200 persons. Security guards shall be licensed under the California Private Security Services Act, Business & Professions Code §§7580 et seq.
* The required distances for separation shall be measured using a straight level line, without regard to intervening structures or objects. The required distance separation between Adult Oriented Businesses shall be measured as follows. The measurement shall start at the closest exterior wall of the structure of one of the businesses, if the business is located by itself in a free standing structure, or the closest point of the tenant space if the business is located in part of a building. The measurement shall end at the closest exterior wall of the structure of the other business if the other business is located by itself in the a free standing structure, or the closest point of the tenant space of the other business if the other business is located in a part of a building. |
The required distance separation between an Adult Oriented Business and the City's Public library, City library branches, Churches, Children's Schools, and Public Parks shall be measured as follows. The measurement shall start from the nearest exterior wall of the structure of an Adult Oriented Business, if it is located by itself in a freestanding structure, or from the tenant space if the business is located in part of a building. The measurement shall end at the closest lot line of the property upon which the City Public Library, church, children's school, or public park exists or operates. |
The distance requirements imposed by subdivision (a) shall be evaluated as of the date the Adult Oriented Business files a completed business license application with the City. |
(Ord. 00-01, eff. 2/1/00; Ord. 93-20, eff. 08/05/93)
Section 12-45.106 Performer Requirements.
It shall be unlawful for any person to act as a Performer in an Adult Oriented Business where one or more of the following apply:
(a)
The Performer is less than 18 years of age;
(b)
The Performer has, within the past two years, been registered in any state as a prostitute;
(c)
The Performer has, within the past two years, been convicted of any of the offenses listed in Section 12-45.105 (k), or parallel offenses outside the State of California;
(d)
The Performer has, within the past two years, violated any applicable subsection of Section 12-45.105.;
(e)
The Performer has, within the past two years, been found to have violated any other adult oriented business ordinance of any other City, county, or state, or has had any adult oriented business permit suspended or revoked; or
(f)
The Performer has, within the past two years, been convicted of engaging in any act of obscenity on the premises of the Adult Oriented Business;
(Ord. 00-01, eff. 2/1/00)
Section 12-45.107 Persons Responsible.
For purposes of this chapter, "owner" includes the owners, operators and managers of premises which constitute an Adult Oriented Business. The owners of an Adult Oriented Business are responsible for compliance with this chapter.
(Ord. 00-01, eff. 2/1/00)
Section 12-45.108 Inspections.
The owner of an Adult Oriented Business will permit officers of the City of Santa Maria, the County of Santa Barbara and each of their authorized representatives to conduct unscheduled inspections of the premises of the Adult Oriented Business for the purpose of ensuring compliance with the requirements of this chapter at any time the Adult Oriented Business is open for business or occupied.
(Ord. 00-01, eff. 2/1/00)
Section 12-45.109 Nonconforming Adult-Oriented Businesses.
(a)
Notwithstanding any other provision of this Code, no Adult Oriented Business legally operating prior to the effective date of this ordinance may be expanded in any manner unless and until the entire Adult Oriented Business complies in all respects with the provisions of this chapter and/or any other provision of the Code pertaining to the operation of the business. For the purposes of this section, the term "expansion" shall include any physical expansion of the facility in which the Adult Oriented Business is located or operating and/or the introduction and/or addition of any category of Adult Oriented Business use not legally operating on the property prior to the enactment of this ordinance as such separate categories of Adult Oriented Business uses are contained in Section 12-45.102. For the purposes of this section, the catchall phrase "Adult Oriented Business" shall not be considered a single category of Adult-Oriented Business.
(b)
An Adult Oriented Business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of an Adult Oriented Business, of a Church, Children's School, or Park within 750 feet.
(Ord. 00-01, eff. 2/1/00)
Section 12-45.110 Enforcement.
The City finds that a violation of the ordinance constitutes a public nuisance and, in addition to any other remedy provided by law, is enforceable by means of an injunction sought by the City. The above notwithstanding, with the exception of Section 12-45.105., subsection (v), a violation of any provision of this ordinance shall be a misdemeanor.
(Ord. 00-01, eff. 2/1/00)