(A)
Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the Fire Department and building regulations and standards adopted by the City of Santa Rosa.
(B)
No sexually-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" 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, show window or other opening. 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.
(C)
All off-street parking area and premises entries of the sexually-oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one footcandle of light on the parking surface and walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the sexually-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.
(D)
The premises within which the sexually-oriented business is located shall provide sufficient sound-absorbing insulation so that noise generated inside said 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.
(E)
Except for those businesses also regulated by the California Department of Alcoholic Beverage Control, a sexually-oriented business shall be open for business only between the hours of eight a.m. and midnight on any particular day.
(F)
The building entrance to a sexually-oriented business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the Community Development Director or designee. No person under the age of 18 years shall be permitted within the premises at any time.
(G)
All indoor areas of the sexually-oriented business within which patrons are permitted, except restrooms, shall be open to view by the management at all times.
(H)
Any sexually-oriented business which is also an "adult 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 display or reproduction equipment, sexual aids, or sexually explicit materials. 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 (H)(1) of this section shall remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times. No patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.
(3)
No viewing room may be occupied by more than one person at any one time. No viewing room shall be enclosed by a door, curtain or any other similar device.
(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 such as to allow physical contact of any kind between the occupants of any two such booths or rooms. Any side walls shall extend from floor to ceiling with no gaps or holes of any size in between.
(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, who are 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. Store management shall enforce the prohibition of loitering.
(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; repeated instances of such conditions during any 90-day period shall justify suspension or revocation of the regulatory permit to conduct the sexually-oriented business.
(I)
All areas of the sexually-oriented business shall be illuminated at a minimum of the following footcandles, minimally maintained and evenly distributed at ground level:
Area | Footcandles |
|---|---|
Bookstores and other retail establishments | 20 |
Theaters and cabarets | 5 (except during performances, at which times, lighting shall be at least 1.25 footcandles) |
Arcades | 10 |
Motels/hotels | 20 (in public areas) |
Modeling studios | 20 |
(J)
The sexually-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 sexual material. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this paragraph shall not apply to a sexually-oriented business which deals exclusively with sale or rental of sexual material which is not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide restroom facilities to its patrons or the general public.
(K)
The following additional requirements shall pertain to a sexually-oriented business providing live entertainment depicting specified anatomical areas or involving specified sexual activities, except for businesses regulated by the Alcoholic Beverage Control Commission:
(1)
No person shall perform live entertainment for patrons of a sexually-oriented business except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least 10 feet from the nearest area occupied by patrons, and no patron shall be permitted within 10 feet of the stage while the stage is occupied by a performer.
(2)
The sexually-oriented business shall provide separate dressing room facilities for performers which are exclusively dedicated to the performers' use.
(3)
The sexually-oriented business shall provide an entrance/exit for performers which is separate from the entrance/exit used by patrons.
(4)
The sexually-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 sexually-oriented business shall provide minimum three foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers capable of (and which actually results in) 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 sexually-oriented business.
(6)
Fixed rail(s) at least 30 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 pay or gratuity from any patron.
(8)
No owner or other person with managerial control over a sexually-oriented business shall permit any person on the premises of the sexually-oriented business to engage in a live showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering over any part of the nipple or areola and/or covered male genitals in a discernibly turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical part required to be covered.
(L)
Sexually-oriented businesses shall employ state licensed, uniformed security guards in order to maintain the public peace and safety, based upon the following standards:
(1)
Sexually-oriented businesses featuring live entertainment shall provide at least one state licensed, uniformed security guard at all times while the business is open. If the occupancy limit of the premises is greater than 35 persons, an additional security guard shall be on duty for every 35 persons present.
(2)
Security guards for other sexually-oriented businesses may be required if it is determined by the Police Chief that their presence is necessary in order to prevent any of the conduct listed in Section 6-80.110(B)(2) from occurring on the premises.
(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.
The foregoing application requirements of this section shall be deemed conditions of sexually-oriented business regulatory permit approvals, and failure to comply with every such requirement shall be grounds for suspension or revocation of the permit issued pursuant to these regulations. |
(Ord. 3466 § 3, 2000)