Article II — Adult Uses

(A) Definitions. As used in this chapter:

(1) "Adult bookstore"

means a building or portion thereof used by an establishment having, as a substantial or significant portion of its stock in trade for sale to the public, books, magazines or other publications, which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

(2) "Adult motion picture theater"

means a building or portion thereof, or area, whether open or enclosed, regularly used for the presentation of motion pictures distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons or customers.

(3) "Specified sexual activities"

shall mean any of the following:

• (a) Human genitals in a state of sexual stimulation or arousal;

• (b) Acts of human masturbation, sexual intercourse, sodomy or bestiality; or

• (c) Fondling or other erotic handling of human genitals.

(4) "Specified anatomical areas"

shall mean any of the following:

• (a) Less than completely and opaquely covered human genitals; or

• (b) Human male genitals in a discernibly turgid state.

• (5) "Substantial or significant portion of its stock in trade for sale" shall mean 10 percent of the titles on display for sale. Nonincidental materials with the same title shall be considered separate items.

In order for the County to ensure that no more than 10 percent of the titles for sale are books, magazines or other publications distinguished or characterized by their emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas, the County shall have the right, upon reasonable notice to an applicant or property owner, to inventory stock in trade of "adult material" as herein defined, and regular material.

• (B) Location Restrictions. No development permit shall be granted for the purpose of operating an adult bookstore or adult motion picture theater, as defined, unless in addition to satisfying all other requirements imposed by this chapter, the applicant can establish the following facts:

  • (1) The property, or any portion thereof, on which the proposed use would be located is not within 500 feet of any property or portion thereof used for an elementary school, junior high school, high school, or public playground; and

  • (2) The property, or any portion thereof, on which the proposed use would be located is not within 100 feet of any property or portion thereof on which an adult bookstore or an adult motion picture theater, as hereinabove defined, or a bath or massage establishment, as defined in SCCC § 13.10.623 , is located and doing business; and

• (3) The property, or any portion thereof, on which the proposed use would be located shall not be within 400 feet, measured from the frontage of the building where there is no rear access, or 400 feet from a rear access, of any lot or parcel of property which is designated as a residential zone district.

• (C) Reports. Environmental impact documents prepared in accordance with Chapter 16.01 SCCC and the County environmental impact guidelines adopted pursuant thereto shall be submitted by each applicant for a permit pursuant to this section.

• (Ord. 3432 § 1, 1983)

• (A) Prohibition. It shall be unlawful to present or exhibit, or to permit the presentation or exhibition of, any motion picture which is distinguished or characterized by an emphasis on matter displaying, depicting or describing specified sexual activities or specified anatomical areas, as defined in SCCC § 13.10.621 , at any outdoor motion picture theater.

• (B) Definition. "Outdoor motion picture theater" means any unenclosed land or premises, if each of the following conditions exist:

  • (1) A stage or screen is located thereon which is used for the presentation or exhibition of motion pictures; and

  • (2) Said stage or screen is visible from any public street or highway, public place, or private residential dwelling; and

  • (3) The premises on which the stage or screen is located are open to the public upon payment of a fee or admission charge.

• (C) Penalty. In addition to all civil remedies which may be provided for by this code or State law, any person, firm, or corporation which violates the provisions of this section shall be guilty of an infraction, and upon conviction thereof shall be punishable by a fine of not more than $100.00; provided, however, that any offense which would otherwise be an infraction is a misdemeanor if the defendant has been convicted of three or more violations of this section within the 12-month period immediately preceding the commission of the offense and such prior convictions are admitted by the defendant or alleged in the accusatory pleading. For this purpose, a bail forfeiture shall be deemed to be a conviction of the offense charged. Each person, firm or corporation shall be deemed guilty of a separate offense for every day during any portion of which any violation of this section is committed, continued or permitted.

• (Ord. 3432 § 1, 1983)

• (A) Purpose. It is the purpose of this section to provide for the orderly regulation of bath or massage establishments in the County of Santa Cruz in order to protect the public health and welfare by establishing certain minimum standards for the conduct of this type of business and by restricting the permitted locations thereof. This title is adopted pursuant to Sections 51030 through 51034 of the California Government Code.

• (B) Definitions.

  • (1) "Bath"

shall mean the activity of providing facilities for the following: steam bath, electric light bath, electric tub bath, sponge bath, sun bath, mineral bath, Russian, Swedish, or Turkish bath; or any other type of public bathing, which has in connection therewith a steam room, dry hot room or shower bath.

• (2) "Massage"

shall mean any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, and with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.

(3) "Masseur/masseuse"

shall mean a person who, for compensation, administers or assists in the administration of baths or massages.

(4) "Bath or massage establishment"

shall mean any establishment having a fixed place of business where any individual, firm, association, partnership, corporation, or combination of individuals engages in, conducts, carries on, or permits the providing of baths or massages.

• (C) Location Restriction. No person shall operate a bath or massage establishment at any location if the property, or any portion thereof, on which the bath or massage establishment would be located is:

  • (1) Within 1,000 feet of any property or portion thereof on which another bath or massage establishment is located and doing business; or

  • (2) Within 500 feet of any property or portion thereof which is used for an elementary school, junior high school or public playground.

• (D) Prohibitions.

  • (1) A masseur/masseuse shall not administer or offer to administer any bath or massage to any person under 18 years of age unless such person is accompanied by a parent or guardian.

  • (2) No person under 18 years of age shall work or be permitted to work on the premises of any bath or massage establishment.

  • (3) No food or beverage shall be sold or served, nor shall any business activity other than baths or massages be conducted on the premises of a bath or massage establishment.

• (E) Operating Requirements.

• (1) A list of services available and cost of such services shall be posted in an open and conspicuous public place on the premises of each bath or massage establishment. No owner, operator, responsible managing employee or manager in charge of, or in control of, the bath or massage establishment shall permit, and no masseur/masseuse shall offer to perform, any services other than those posted.

  • (2) Repealed by Ord. 5061 .

• (F) Applicability of Chapter to Existing Facilities. Any person, association, partnership or corporation lawfully engaging in or carrying on the operation of a bath or massage establishment on the effective date of the ordinance codified in this chapter shall comply with all of the provisions of this chapter, except those of subsection (C) of this section within 180 days of the effective date thereof.

• (G) Exemptions. This chapter shall not apply to athletic team trainers, cosmetologists, barbers, or persons licensed to practice any healing art under the provisions of Division 2 (commencing with Section 500 ) of the California Business and Professions Code when engaging in such practice within the scope of his or her license.

• (H) Penalties for Violations. Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of an infraction, and upon conviction thereof shall be punishable by a fine of not more than $100.00; provided, however, that any offense which would otherwise be an infraction is a misdemeanor if the defendant has been convicted of three or more violations of this chapter within the 12-month period immediately preceding the commission of the offense and such prior convictions are admitted by the defendant or alleged in the accusatory pleading. For this purpose, a bail forfeiture shall be deemed to be a conviction of the offense charged. Each person shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person, firm or corporation and shall be punishable therefor as provided by this chapter.

• (Ord. 3432 § 1, 1983; Ord. 5061 § 18, 2009)