Chapter 21.43 — ADULT BUSINESSES

Note: Prior ordinance history: Ord. Nos. 9527, 9812, and NS-294.

• A. The intent and purpose of this chapter is to regulate the location of adult businesses, which is necessary due to the following:

  1. Adult businesses tend to have judicially recognized adverse secondary effects on the community, including, but not limited to:

     • a. Increases in crime in the vicinity of adult businesses;

     • b. Decreases in property values in the vicinity of adult businesses;

     • c. Increases in vacancies in residential and commercial areas in the vicinity of adult businesses;

     • d. Interference with residential property owners' enjoyment of their properties (when such properties are located in the vicinity of adult businesses) as a result of increases in crime, litter, noise, and vandalism; and

     • e. The deterioration of neighborhoods.

• B. In addition to the operational regulations for adult businesses mandated in Chapter 8.60 of the Municipal Code, the regulations in this chapter are necessary to prevent adverse secondary effects of adult businesses, while at the same time protecting the constitutional rights of those individuals who desire to own, operate or patronize adult businesses.

• (Ord. CS-063 § VI, 2009)

• A. The definitions found in Section 8.60.020 of the Municipal Code are incorporated herein by reference.

• B. In addition to any other definitions contained in the Municipal Code, the following words and phrases shall, for the purpose of this chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended. Should any of the definitions be in conflict with any current provisions of the Municipal Code, these definitions shall prevail.

"Child day care center" means any child day care facility as defined in Carlsbad Municipal Code Section 21.04.086 and Section 1596.750 of the California Health and Safety Code other than family day care homes.

"Park" means any public or private parks, whether for passive or active recreational uses or both. Active recreational uses may include, but are not limited to, skate parks, tot lot and play lot areas, structures and special use facilities such as swimming pools, basketball courts, tennis courts, handball and racquetball courts, horseshoes, and picnic facilities.

"Religious institution/place of worship" means any portion of a building or structure that is used primarily for religious worship and religious activities.

"Residential land use designation" means any property within the city that carries a residential general plan land use designation permitting the location of a dwelling or dwellings, including R-1.5 (Residential 0-1.5 du/ac), R-4 (Residential 0-4 du/ac), R-8 (Residential 4-8 du/ac), R-15 (Residential 8-15 du/ac) and R-23 (Residential 15-23 du/ac).

"Residential zone" means any property within the city that carries a zoning designation permitting the location of a dwelling or dwellings, including R-A (Residential Agricultural), R-E (Rural Residential Estate), R-1 (One-Family Residential), R-2 (Two-Family Residential), R-3 (Multiple-Family Residential), RMHP (Residential Mobile Home Park), RD-M (Residential Density-Multiple), R-P (Residential Professional), R-T (Residential Tourist), and R-W (Residential Waterway).

"School" means any institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and/or which is maintained pursuant to standards set by the Board of Education of the State of California. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education under the jurisdiction of the California Department of Education. For the purposes of this section, "school" does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.

(Ord. CS-063 § VI, 2009; Ord. CS-432, 9/27/2022)

• A. Zones Where Adult Businesses Are Permitted.

  1. Adult businesses are permitted only on sites that are within the C-M, C-M/Q, M, M-Q, P-M, or P-M/Q zones, provided such uses are not precluded by any applicable specific plan or master plan.

• B. Distance Requirements.

  1. In addition to the zone requirements specified in subsection A of this section, an adult business shall not be established or located within 1,000 feet of any of the following:

     • a. Another adult business;

     • b. Child day care center;

     • c. Park;

     • d. Religious institution/place of worship;

     • e. Residential land use designation;

     • f. Residential zone; or

     • g. School.

  2. For the purpose of measuring the distance requirements set forth in subsection B.1 of this section, all distances shall be measured (without regard to intervening structures) in a straight line extended between the nearest property lines of:

     • a. The property on which the adult business is or will be located; and

     • b. The property on which one of the uses/zones/designations specified in subsection B.1 of this section is located.

  3. The distance requirements established by subsection B.1.a of this section shall apply to:

     • a. Any adult business operating as a legal conforming use with an approved adult business license from the city;

     • b. Any adult business that has an approved adult business license from the city, but has not yet begun operating the business at the approved business location.

  4. The distance requirements established in subsection B.1 of this section shall apply to those uses/designations/zones specified in subsections B.1.b through B.1.g of this section that:

     • a. Are existing; or

     • b. Have received approval by the city for the use/zone/designation and said approval has not expired or become invalid.

  5. The distance requirements from the uses/designations/zones specified in subsections B.1.b through B.1.g of this section shall not apply to those uses/designations/zones for which the city is reviewing but has not yet approved an application to establish the use/designation/zone.

• C. Other Location Requirements.

  1. An adult business that either: (a) has an approved adult business license from the city, but has not yet begun operating the business at the approved business location, or (b) is operating as a legal conforming use with an approved adult business license from the city, shall not be rendered a nonconforming or illegal use by the subsequent location of child day care centers, parks, religious institutions/places of worship, residential land use designations, residential zones, or schools that are within the locational limitations set forth in this section.

     • a. A use shall be deemed to be subsequently located if it is established within the locational limitations of this section following the date an application for an adult business license is filed pursuant to the requirements of Chapter 8.60 of the Municipal Code.

• (Ord. CS-063 § VI, 2009)

• A. All adult businesses shall comply with the requirements of Chapter 8.60 of the Municipal Code.

• B. All adult business performers shall comply with the requirements of Chapter 8.70 of the Municipal Code.

• C. No building permit, adult business license, or other permit or entitlement for use shall be legally valid if issued to any adult business proposed to operate or to be established in the city unless the location requirements specified in Section 21.43.030 are satisfied.

• (Ord. CS-063 § VI, 2009)

• A. Any owner, operator, manager, employee or independent contractor of an adult business violating or permitting, counseling, or assisting the violation of any of these provisions regulating adult businesses shall be subject to any and all civil remedies, including license revocation. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued.

• B. In addition to the remedies set forth in subsection A of this section, any adult business that is operating in violation of these provisions regulating adult businesses is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation.

• C. The restrictions imposed pursuant to this section do not constitute a criminal offense. Notwithstanding any other provision of the Carlsbad Municipal Code, the city does not impose a criminal penalty for violations of the provisions of this ordinance related to adult businesses.

• (Ord. CS-063 § VI, 2009)