A. It
is the purpose of this chapter to regulate adult entertainment businesses
to promote the health, safety and welfare of the citizens of the City
of Santa Barbara and to establish reasonable and uniform regulations
to prevent the concentration of adult entertainment businesses within
the City. In adopting this chapter, it is recognized that certain
types of adult entertainment businesses possess certain characteristics
which when concentrated can have a deleterious effect upon adjacent
areas. It is also recognized that locating the adult entertainment
businesses covered by this chapter in the vicinity of facilities frequented
by minors will cause the exposure of minors to adult material which,
because of their immaturity, may adversely affect them. Special regulation
of these uses is necessary to insure that these adverse effects will
not contribute to the blighting or downgrading of the surrounding
neighborhood and to an adverse effect on minors. The uses subject
to these regulations are as follows:
1. Adult
bookstore, adult novelty store, or adult video store;
2. Adult
live entertainment theater;
3. Adult
motion picture or video arcade; and
4. Adult
motion picture theater.
B. The
purpose of this chapter is not to limit or restrict the content of
any communicative materials, including sexually oriented materials,
to restrict or deny access by adults to sexually oriented materials
protected by the United States or California Constitutions, or to
deny access by distributors and exhibitors of sexually oriented materials
and entertainment to their intended market.
(Ord. 3870, 1976; Ord. 4867, 1994)
For purposes of this chapter the following terms shall be defined
as follows:
Adult Entertainment Business
shall mean those businesses defined as follows:
1.
"Adult Bookstore, Adult Novelty Store, or Adult Video Store"
is an establishment with a majority of: (i) its floor area
devoted to; or (ii) stock-in-trade consisting of; or (iii) gross revenues
derived from, and offering for sale for any form of consideration,
any one or more of the following:
a.
Books, magazines, periodicals or other printed matter, photographs,
drawings, motion pictures, slides, films, tapes, video cassettes,
records, or other visual or audio representations which are characterized
by an emphasis upon the depiction or description of "specified sexual
activities" or "specified anatomical areas."
b.
Instruments, devices or paraphernalia which are designed to
be used in connection with "specified sexual activities"; or
c.
Goods which are replicas of, or which simulate "specified anatomical
areas," or goods which are designed to be placed on or in "specified
anatomical areas," or to be used in conjunction with "specified sexual
activities."
2.
"Adult Live Entertainment Theater"
means any place, building, enclosure or structure, partially
or entirely used for "live adult entertainment" performances or presentations
characterized by an emphasis on depicting, exposing, displaying, describing
or relating to "specified sexual activities" or "specified anatomical
areas" for observation by patrons therein.
3.
"Live adult entertainment"
means any physical human body activity, whether performed
or engaged in alone or with other persons, including, but not limited
to, singing, walking, speaking, dancing, acting, posing, simulating,
wrestling or pantomiming, in which the performer or performers expose
to public view without opaque covering "specified anatomical areas"
for entertainment value for any form of consideration.
4.
"Adult Motion Picture or Video Arcade"
means any business wherein coin, paper note or token operated,
or electronically, electrically, or mechanically controlled still
or motion picture machines, projectors, or other image-producing devices
are maintained to show images to four or fewer persons per machine,
at any one time, and where the predominant character or theme of the
images so displayed is distinguished or characterized by its emphasis
on matter depicting, or relating to "specified sexual activities"
or "specified anatomical areas."
5.
"Adult Motion Picture Theater"
means any business, other than a hotel or motel, with the
capacity of five or more persons where, for any form of consideration,
films, motion pictures, video cassettes, slides, or similar photographic
reproductions in which the predominant character and theme is distinguished
or characterized by its emphasis on matter depicting, or relating
to "specified sexual activities" or "specified anatomical areas" as
defined in this section. This includes, without limitation, showing
any such slides, motion pictures or videos by means of any video tape
system which has a display, viewer, screen, or a television set.
6.
Exception to Adult Entertainment Business.
An "Adult entertainment business" shall not include:
a.
Bona fide medical establishments operated by properly licensed
and registered medical and psychological personnel with appropriate
medical or professional credentials for the treatment of patients.
b.
Persons depicting "specified anatomical areas" in a modeling
class operated:
i.
By a college, junior college, or university supported entirely
or partly by public revenue; or
ii.
By a private college or university which maintains and operates
educational programs in which credits are transferable to a college,
junior college, or university supported entirely or partly by public
revenue; or
iii.
In a structure operated either as a profit or not-for-profit
facility:
(A)
Which has no sign visible from the exterior of the structure
and no other advertising that indicates a nude person is available
for viewing; and
(B)
Where, in order to participate in a class a student must enroll
at least three days in advance of the class.
c.
The practice of massage in compliance with Chapter
5.76 of this code.
Employee.
"Employee of an adult entertainment business" shall mean
a person who works or performs in and/or for an adult entertainment
business, regardless of whether or not said person is paid a salary,
wage or other compensation by the operator of said business.
Establish.
"Establish" shall mean and include any of the following:
1.
The opening or commencement of any adult entertainment business
as defined in this section; or
2.
The conversion of an existing business, whether or not an adult
entertainment business, to any adult entertainment business as defined
in this section; or
3.
The relocation of any adult entertainment business; or
4.
The expansion or enlargement of the premises by 15% or more
of the existing floor area as the area legally existed on March 1,
1994.
Operate.
"Operate" shall mean to own, lease (as lessor or lessee),
rent (as landlord or tenant or as agent for the purpose of representing
a principal in the management, rental or operation of the property
of such principal), manage, conduct, direct, or be employed in an
adult entertainment business.
Operator.
"Operator" shall mean and include the owner, custodian, manager
or person in charge of any adult entertainment business.
Person.
"Person" shall mean an individual, proprietorship, partnership,
corporation, association, or other legal entity.
Public Park, Beach or Recreation Area.
"Public Park, Beach or Recreation Area" shall mean public
land which has been designated for park, beach, recreational, or arts
activities, including, but not limited to, a park, beach, playground,
nature trails, swimming pool, reservoir, athletic field, basketball
or tennis courts, pedestrian/bicycle paths, open space, wilderness
areas, or similar public land within the City which is under the control,
operation, or management of the City Department of Parks and Recreation.
"Recreation area" shall also include the Santa Barbara Zoological
Gardens, the Santa Barbara Museum of Art and the Santa Barbara Museum
of Natural History.
Religious Institution.
"Religious Institution" shall mean any church, synagogue,
mosque, temple, or building which is used primarily for religious
worship, religious education incidental thereto and related religious
activities.
Residential Zone.
"Residential Zone" shall mean property which has a zoning
designation of A-1, A-2, E-1, E-2, E-3, R-1, R-2, R-3, R-4 or such
other residential zones as may be created by ordinance, or a Mobilehome
Park or subdivision or Recreational Vehicle Park as defined in this
code.
School.
"School" shall mean any public or private educational facility
primarily attended by minors, including, but not limited to, large
family day care homes, nursery schools, preschools, kindergartens,
elementary schools, primary schools, intermediate schools, junior
high schools, middle schools, high schools, secondary schools, continuation
schools and special education schools. School includes the school
grounds, but does not include the facilities used primarily for another
purpose and only incidentally as a school.
Sensitive Uses.
"Sensitive Uses" shall include public parks, beaches or recreation
areas, religious institutions, residential zones and schools.
Specified Anatomical Areas.
"Specified Anatomical Areas" shall include the following:
1.
Less than completely and opaquely covered human genitals, pubic
region, buttock, anus, and/or the female breast below a point immediately
above the top of the areola; and
2.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
Specified Sexual Activities.
"Specified Sexual Activities" shall include the following:
1.
Actual or simulated sexual intercourse, oral copulation and
intercourse, oral-anal copulation, bestiality, direct physical stimulation
of unclothed genitals, flagellation or torture in the context of sexual
relationship, or the use of excretory functions in the context of
a sexual relationship, and any of the following sexually oriented
acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus,
fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism,
zooerasty; or
2.
Clearly depicted human genitals in a state of sexual stimulation,
arousal or tumescence; or
3.
Human or animal masturbation, sodomy, oral copulation, coitus,
ejaculation; or
4.
Fondling or touching of nude human genitals, pubic region, buttocks
or female breast; or
5.
Masochism, erotic or sexually oriented torture, beating or the
infliction of pain; or
6.
Erotic or lewd touching, lewd fondling or other lewd contact
with an animal by a human being; or
7.
Human excretion, urination, menstruation, vaginal or anal irrigation.
(Ord. 3870, 1976; Ord. 4867, 1994)
A. General
restrictions. No person shall operate or establish an "adult entertainment
business," as defined in this code, in any area of the City of Santa
Barbara, except the C-2 zone, C-M zone, or the M-1 zone but excluding
the El Pueblo Viejo Landmark District as defined in Section 22.22.100.B.
B. Valid
permits. No building permit or zoning clearance, business license,
or other permit or entitlement for use shall be legally valid if issued
to any adult entertainment business proposed to operate or be established
in any area of the City except allowed portions of the C-2 zone, C-M
zone, or the M-1 zone but excluding those areas of the City within
the El Pueblo Viejo Landmark District as defined in Section 22.22.100.B.
C. Locational
restrictions. Any adult entertainment business proposed to be operated
or established in allowed portions of the C-2 zone, C-M zone, or the
M-1 zone shall be subject to the following restrictions:
1. The
establishment or operation of an adult entertainment business shall
be subject to the locational criteria setting forth minimum distances
from sensitive uses and zones as follows:
a. Residential zone: 500 feet,
b. Religious institution: 500 feet,
c. Public park, public beach, recreation area: 500 feet,
e. Another adult entertainment business: 500 feet.
2. For
the purposes of this chapter, all distances shall be measured in a
straight line, without regard for intervening structures, from the
nearest exterior wall of the unit or building containing the adult
entertainment business to the nearest property line of a sensitive
use or zone as listed in this chapter.
3. For
the purposes of this chapter, the distance between any two adult entertainment
businesses shall be measured in a straight line, without regard to
intervening structures or objects, from the closest exterior wall
of the unit or structure in which each business is located.
4. An adult entertainment business may not be operated in the same building, structure, or portions thereof containing another adult entertainment business or use as defined in this chapter. Each adult entertainment business defined in Section
28.81.020 shall constitute a separate business for purposes of this chapter.
(Ord 3870, 1976; Ord. 3911, 1977; Ord. 4838, 1993; Ord. 4867, 1994; Ord. 5105, 1999)
The establishment or operation of an adult entertainment business shall comply with the applicable site development standards, including, but not limited to, parking, design review, the technical codes adopted pursuant to Section
22.04.010 of the Santa Barbara Municipal Code, and as may be amended from time to time, and the California Fire Code adopted pursuant to Chapter
8.04 of the Santa Barbara Municipal Code, and as may be amended from time to time. An adult entertainment business shall comply with the applicable City of Santa Barbara permit and inspection procedures. In addition, adult entertainment businesses shall comply with the following design and performance standards:
A. Signs,
advertisements, displays, or other promotional materials depicting
or describing "specified anatomical areas" or "specified sexual activities"
or displaying instruments, devices, or paraphernalia which are designed
for use in connection with "specified sexual activities" shall not
be shown or exhibited so as to be discernible by the public beyond
the walls of the building or portion thereof in which the adult entertainment
business is conducted.
B. Each
adult entertainment business shall have a business entrance separate
from any other non-adult business located in the same building.
C. All
building openings, entries, and windows for an adult entertainment
business shall be located, covered or screened in such a manner as
to prevent a view into the interior of an adult entertainment business
from any area open to the general public.
D. No
adult entertainment business shall be operated in any manner that
permits the observation by the public of any material depicting, describing,
or relating to "specified sexual activities" or "specified anatomical
areas" from any public way or from any location beyond the walls of
the building or portion thereof in which the adult entertainment business
is conducted.
E. The
building entrance to the adult entertainment business shall be clearly
and legibly posted with a notice indicating that minors are precluded
from entering the premises.
F. No
loudspeakers or sound equipment shall be used by adult entertainment
businesses for amplification of sound to a level discernible by the
public beyond the walls of the building or portion thereof in which
the adult entertainment business is conducted.
G. Each
adult entertainment business shall be provided with a manager's station
which shall be used for the purpose of supervising activities within
the business. A manager shall be on duty on the premises during all
times that the adult entertainment business is open to the public.
H. Off-street parking shall be provided for the adult entertainment business as specified in accordance with the parking provisions of Chapter
28.90.
I. An
on-site security program shall be prepared and implemented including
the following items:
1. All
off-street parking areas and building entries serving the adult entertainment
business shall be illuminated during all hours of operation with a
lighting system which provides a minimum maintained horizontal illumination
of one footcandle of light on the parking surface and/or walkway.
2. All
interior portions of the adult entertainment business, except those
areas devoted to mini-motion or motion pictures, shall be illuminated
during all hours of operation with lighting system which provides
a minimum maintained horizontal illumination of not less than two
footcandles of light on the floor surface.
(Ord. 4867, 1994)
Notwithstanding any other provision of this title, any legally existing adult entertainment business operating on March 1, 1994, not in compliance with the locational requirements in Section
28.81.030 may continue as a nonconforming use. The legally nonconforming status of an adult entertainment business shall terminate if voluntarily discontinued for 30 or more consecutive days.
(Ord. 4867, 1994)
If any section, subsection, paragraph, subparagraph or provision
of this chapter or the application thereof to any person, property
or circumstance is held invalid, the remainder of the chapter and
the application of such to other persons, properties or circumstances
shall not be affected thereby.
(Ord. 4867, 1994)