Article 3 — Facilities and Employees

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 adultoriented 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:

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)