HomeMy WebLinkAbout1979-07-17; City Council; 9527; CMC 21 adds/amends - Adult entertainment uses & regs\
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ORDINANCE NO. 9527
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE CARLSBAD KTJNICIPAL CODE
BY THE AMENDMENT AND ADDITION OF VARIOUS SECTIONS TO PROVIDE FOR THE ORDERLY REGULATION BY CONDITIONAL USE PERMIT OF VARIOUS USES AND BY THE ADDITION OF CHAPTER 21.43 TO PROVIDE FOR THE REGU- LATION OF CERTAIN "ADULT ENTERTAINMENT" USES.
does
The City Council of the City of Carlsbad, California,
ordain as follows:
SECTION 1: In the development and execution of this
Drdinance it is recognized that there are certain uses which
possess unique operational characteristics, making impractical
their automatic inclusion in any class of uses set forth in
the various zones defined by Title 21. Special regulation
Df these uses is necessary to ensure that their operation
will not contribute to the downgrading of the surrounding
neighborhood and to preserve and protect public health,
safety and welfare in the City of Carlsbad. The best method
to protect the public health, safety and welfare is to
prevent the concentration of certain of these uses in any
one area. The City Council also deems these regulations
necessary to protect the unique aesthetic environment of the
City of Carlsbad and to preserve the economic and social
benefits, including tourism, arising from that environment.
SECTION 2: That Title 21, Chapter 21.04 of the
Carlsbad Municipal Code is amended by the addition of Sections
21.04.041, 21.04.056, 21.04.057, 21.04.091, 21.04.141,
21.04.201, 21.04.291, 21.04.292, 21.04.301 and 21.04.356
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to read as follows:
"21.04.041 Bars or Cocktail Lounges. "Bar or Cocktail
Lounge" means any establishment serving an alcoholic beverage
not meeting the requirements of bona fide public eating
establishment as defined in Section 21.04.056.
21.04.056 Bona fide public eating establishment. "Bona fide public eating establishment" means any establishment at which the primary business is the preparation, service and retail sale of meals comprising a varied selection of foods and nonalcoholic beverages prepared, served and consumed on the premises.
ment, an establishment which engages in the sale of beer,
wine or distilled spirits for consumption on the premises
shall meet the following requirements:
Be designed and operated in such a way that the
sale of alcoholic beverages is incidental to the primary restaurant operation. On any day the restaurant is open to the public for business and engaged in the incidental sale of alcoholic beverages, restaurant services shall be available to the public for the evening meal for a period of not less than five hours, or for not less than four hours, if the morning or noon meal is also served to the public for a period of not less than two hours.
limited to, an offering of a varied menu of foods or not less than five main courses with appropriate nonalcoholic beverages, desserts, salads and other attendant dishes.
the premises shall be occasional only and clearly incidental and subordinate to the on-premises restaurant operation.
(5) area of the restaurant shall be designed, arranged or devoted
to a use commonly associated with a bar or other establishment
primarily engaged in the on-premises sale of alcoholic
beverages. The interior area shall include only those
portions of the establishment devoted to regular use by the
public.
area of the establishment shall be used solely for food storage, preparation, maintenance and storage of eating
utensils, dish and glassware and shall include refrigeration,
cooking, warming and dishwashing equipment, and any other
equipment necessary for a fully equipped restaurant kitchen.
(7) During the above specified minimum hours for restaurant services, there shall be not less than one employee
per two hundred and fifty square feet of floor area devoted
to food service use. Said employee or employees shall be on the job during the specified minimum hours for restaurant service as described in subsection (2). The City Council may waive the above requirements
relating to hours, menus, alcoholic beverage area, kitchen
To be classified as a bona fide public eating establish-
(1)
(2)
(3) Restaurant service shall include, but not be
(4) The sale of any food prepared for consumption off
No more than twenty-fivepercent of the interior
(6) A minimum of twenty percent of the gross floor
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2rea, employees and equipment if they find a proposed restaurant
#ill provide equivalencies, meets the other requirements of
this section and will, in fact, be operated as a bona fide res tauran t .
Uses not specifically named in this section but which
sre of substantially the same general type and character and sre within the intent and purpose of this section may be
permitted, provided, however, that the burden of proving the
same shall rest with the person seeking to establish that use.
21.04.057 Bowling alley. "Bowling alley" means any structure in which a ball or balls are rolled on a green or
sown an alley or lane at any object or group of objects.
21.04.091 Coin operated arcade. "Coin operated arcade" means any place wherein coin or slug operated or electronically, zlectrically or mechanically controlled machines, shooting
galleries, or any other amusement devices, are maintained
for use by five or fewer persons per machine at any one
time.
21.04.141 Escort service. "Escort service" means any
place where patrons can purchase the social company or companionship of another person to be given either on or off the premises, excluding any use regulated by Chapter 21.43
of this code.
21.04.201 Liquor store. "Liquor store" means any store designed and operated for the selling of alcoholic beverages with the selling of any other merchandise being incidental to the primary operation of selling liquor.
21.04.291 Pawnshop. "Pawnshop" means any place engaged
in the business of loaning money to any person, upon any
personal property, personal security, or purchasing personal
property and reselling such articles to the vendor or other
assignee at prices previously agreed upon.
21.04.292 Pool hall or billiard parlor. A "pool hall or billiard parlor" is any place of business where billiards or pool is played, and a fee is charged to those playing for
the use of the equipment. connected with any other business nor shall any other business be permitted to be carried on, except that the billiard room
may have therein ordinary merchandise vending machines and no more than four coin operated games of skill, including
pinball machines. A bar or cocktail lounge, having two or less pool or billiard tables, shall not be considered to be a
pool hall or billiard parlor.
The billiard room shall not be
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21.04.301 Secondhand or thrift shops. "Secondhand or
thrift shop" means a place of business that engages in
buying and selling, trading or accepting for sale on consignment,
previously sold property, excluding bona fide antique shops. Secondhand property means personal property of which prior use has been made. A bona fide antique shop is one in which substantially all the merchandise is antique.
collectable, object of art, bric-a-brac, curio, household furniture or furnishing offered for sale upon the basis, expressed or implied, that the value of the property, in whole or in substantial part, is derived from its age or from historical associations.
Antique means any
21.04.356 Tattoo parlors, ''Tattoo parlor" is any place of business that engages in tattooing persons by any
method of placing designs, letters, scrolls, figures, symbols or any other marks upon or under the skin with ink or colors, by the aid of needles or instruments."
SECTION 3: That Title 21, Chapter 21-26 of the Carlsbad
Municipal Code is amended by the amendment of Section 21.26.010
to delete Subsection(l8) , Liquor stores (off-sale), and
renumber the remaining subsections accordingly.
SECTION 4: That Title 21, Chapter 21.26, Section
21.26.015 of the Carlsbad Municipal Code is amended by the
deletion of the words "as defined in Section 23038 of the
Business and Professions Code, State of California," and by
the addition of Subsection (3) to read as follows:
"(3) Packaged liquor stores (off-sale) subject to the following conditions:
(A) That the Planning Commission makes the same findings as required by this section for on-premises sales of liquor from bona fide eating establishments.
unobstructed view of the interior of the premises can be obtained from the street upon which the business fronts.
within five hundred feet of any other licensed liquor dispensing establishment not meeting the definition of a bona fide eating establishment.
(B) An opening shall be provided through which an
(C) Such establishment shall not be located
SECTION 5: That Title 21, Chapter 21.28, Section 21.28.010
of the Carlsbad Municipal Code is amended by the deletion of
Subsection (3), Bars and Cocktail Lounges (on-sale),
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and renumbering the remaining subsections accordingly.
SECTION 6: That Title 21, Chapter 21.28, Section
21.28.015 of the Carlsbad Municipal Code is amended by the
addition of Subsection (4) to read as follows:
"(4) Bars, cocktail lounges and other licensed (on-sale) liquor dispensing operations not meeting the definition of a
bona fide eating establishment, subject to the following
conditions:
An opening shall be provided through which an unobstructed view of the interior of the premises can be obtained from the street upon which business fronts. Parking shall be provided at the rate of not
less than one space per fifty square feet of gross floor area.
shall be maintained in a neat and orderly condition at all
times.
meet all applicable code provisions prior to occupancy.
containers of alcoholic liquor to be taken from the premise. No licensed liquor dispensing operation shall be located within five hundred feet of any other licensed liquor dispensing operation not meeting the definition of a bona fide eating establishment.
SECTION 7: That Title 21, Chapter 21.42, Section
21.42.010, Subsection (5) of the Carlsbad Municipal Code is
(A)
(B)
(C) Surrounding grounds, including parking areas,
(D)
(E) Licensee or agent shall not permit open
(F)
Any structure housing such operation shall
amended by the addition of Subparagraphs (TI , (VI , (V) I (W) I
(X) , (Y) , and (Z) to read as follows:
"(T) Bowling alleys subject to the following con- ditions:
( i) No noise shall be audible outside of the confines of the structure.
( ii) If alcoholic beverages are offered for consumption on site, no open container shall be permitted to be taken from the premises,
not meeting the definition of bona fide eating establishment shall be computed at one space per fifty square feet of gross floor area.
(iii) Parking requirements for any bar area
(U) Coin operated arcades subject to the following conditions :
( i) No alcoholic beverages shall be permitted on premises.
within the confines of a structure designed to contain the noise created by such operation,
( ii) All activities shall be conducted
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(iii) Construction shall be such as to permit
inobstructed view of the interior from the street upon which
the business fronts.
Zonditions :
3n unobstructed view of the interior of the premises from
the street upon which the business fronts.
five hundred feet of any residential zone.
An applicant shall submit his application for conditional use permit to the Chief of Police, which application shall be under oath, and shall include, among other things, the true names and addresses of all persons financially
interested in the business. The past criminal record, if any,
Df all persons financially interested in the business shall be shown on such application, interested" shall include the applicant and all persons who share in the profits of the business on the basis of gross or net revenue, including landlords, lessors, lessees, and the owner of the building, fixtures or equipment, The application shall also be accompanied by fingerprints of persons financially interested.
The Chief of Eolice shall make such investigation as is necessary to determine the background of the applicant and other
persons financially interested.
to the Planning Commission his findings and recommendations as to whether to approve, deny, or conditionally approve or deny the conditional use permit in writing within thirty days after the application is submitted. Chief shall be based on the findings and may also be based on his judgment of potential enforcement problems and reasons therefor from the proposed establishment. Failure to so report shall be deemed approval of the application.
findings and recommendations of the Chief of Police . Pawn shops subject to the following conditions:
( i) No pawn shop shall be located within five hundred feet of any establishment licensed to dispense (for on-site or off-site consumption) alcoholic beverages. No pawn shop shall be located within five hundred feet of any residentially zoned property. Every structure housing such operation shall be constructed so as to provide an unobstructed view of the interior of the premises from the street upon which the business
(VI Escort services subject to the following
( i) Construction shall be such as to permit
( ii) No such business shall be located within
(iii)
The term "persons financially
The Chief of Police shall report
The recommendations of the Police
The Planning Commission may deny an application based on the
(W)
( ii)
(iii)
fronts.
(X) Pool halls or billiard parlors subject to the following conditions:
within five hundred feet of any establishment licensed to dispense alcoholic beverages for consumption on-site or off-site.
dispense alcoholic beverages for consumption on-site or of f-site.
( i) No such establishment shall be located
( ii) No establishment shall be permitted to
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(iii) All structures housing such operation shall be constructed so as to permit unobstructed views of the interior of the premises from the street upon which the business fronts.
( iv) Each structure housing such operation shall be constructed so as to contain within the confines of such structure, all noise and all other objectionable by- products of such operation.
following conditions:
for a conditional use permit to the Chief of Police, which application shall be under oath, and shall include, among other things, the true names and addresses of all persons financially interested in the business. The past criminal record, if any, of all persons financially or otherwise interested in the business shall be shown on such application. The term ''persons financially interested" shall include the applicant and all persons who share in the profits of the
business on the basis of gross or net revenue, including landlords, lessors, lessees and the owner of the building, fixtures or equipment. The application shall also be accompanied by fingerprints of persons financially interested. The Chief of Police shall make such investigation as is necessary to determine the background of the applicant and
other persons financially interested. The Chief of Police
shall report to the Planning Commission his findings and
recommendations as to whether to approve, deny or conditionally
approve or deny the conditional use permit in writing within
thirty days after the application is submitted. The recommend-
ation of the Police Chief shall be based on the findings and
may also be based on his judgment of potential enforcement
problems and reasons therefor from the proposed establishment.
Failure to so report shall be deemed approval of the application.
on the findings and recommendations of the Chief of Police.
from the report provisions of this section. For purposes of this section, a charitable organization is one organized for religious, scientific, social, literary, educational, recreational,
benevolent, or other purpose not that of pecuniary profit.
basis.
conditions:
within five hundred feet of any licensed alcoholic beverage
dispensing operation offering said beverages for on-site
or off-site consumption.
conjunction with nor share any operating space with any
other business.
(Y) Secondhand or thrift shops subject to the
( i) An applicant shall submit his application
The Planning Commission may deny an application based
Charitable organizations shall be specifically exempt
( ii) No goods shall be taken on a consignment
(Z) Tattoo parlors subject to the following
( i) No tattoo parlor shall be located
( ii) No tattoo parlor shall be operated in
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SECTION 8: That Title 21 of the Carlsbad Municipal
:ode is amended by the addition of Chapter 21.43 to read
1s follows:
"Chapter 21.43
ADULT ENTERTAINMENT
Sections:
21.43.010
21.43.020
21.43.030
21.43.035
21.43.040
21.43.050
21.43.060
21.43.070
21.43.080
21.43.090
21.43.100 21.43.110
21.43.120
21.43.130
21.43.140
21.43.150
Purpose and intent.
Definitions.
Zones for adult entertainment
establishments.
Adult entertainment permit required. Permitted adult entertainment establishments. Exempt establishments.
Minimum spacing requirements. Minimum proximity requirements. Waiver of regulatory provisions.
Proposed establishments.
Suspension and revocation of permit. Referral of applications for licenses
and permits to other departments and agencies. Regulations of signs. Visibility from the street. Severability. Violation--Penalty.
21.43.010 Purpose and intent. It is the purpose and
intent of this chapter to provide for the orderly regulation
of adult entertainment establishments. It is recognized
that these establishments by their very nature have serious
objectionable operational characterics which, when allowed
to concentrate, contribute to the blighting or downgrading
of the surrounding neighborhood. preserve public health, safety and welfare special regulation
of these uses is necessary.
In order to protect and
21.43.020 Definitions. It is the purpose of this section, toqether with its subsections, to provide clear and
concise' definitions of those words, terms, and phrases most commonly utilized in the regulations and provisions of this chapter in order to assist in the uniform interpretation of said regulations and provisions and to insure uniformity of their application. terms and phrases, whenever used in this chapter, shall be
construed as defined in the following subsections, unless from the context a different meaning is specifically defined
and more particularly directed to the use of such words, terms or phrases:
It is intended that the following words,
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(1) "Adult entertainment establishment" means
any establishment which is customarily open only to one or
more classes of the public, excluding any minor under the
age of eighteen by reason of age.
(2) "Specified sexual activities" includes the following :
genitals, pubic region, buttocks, or female breasts;
actual or simulated, including intercourse, oral copulation, and sodomy;
connection with any of the activities set forth in (A) through (C) above.
shall mean and include any of the following:
covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or
turgid state, even if completely and opaquely covered.
(A) The fondling or other touching of human
(B) Ultimate sex acts, normal or perverted,
(C) Masturbation, whether actual or simulated;
(D) Excretory functions as part of or in
(3) "Specified anatomical areas" as used herein
(A) Less than completely and opaquely
(B) Human male genitals in a discernibly
(4) "General bookstore" means any retail establish-
ment devoted. in whole or in part to the seliing, buying
or trading of new or used books, manuscripts or periodicals
of general interest, and which does not devote more than a
significant or substantial portion of its gross floor area
to the selling, displaying, storing or trading of books,
films, magazines or other periodicals or other materials which are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
(5) "Adult bookstore" means any establishment which has as a substantial or significant portion of its stock in trade:
(A) Books, films, magazines or other perio or other forms of audio or visual representation which are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas;
which are designed for use in connection with specified sexual activities.
(B) Instruments, devices or paraphernalia
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(6) "Adult newsrack" means any coin-operated nachine or device which dispenses material substantially levoted to the depiction of specified sexual activities
>r specified anatomical areas.
(7) "Adult motion picture theater" means an
Znclosed or unenclosed building with a capacity of fifty or nore persons used for presenting any form of audio or
Jisual material, and in which a substantial portion of the Zotal presentation time is devoted to the showing of material irhich is distinguished or characterized by an emphasis on
$epiction or description of specified sexual activities or specified anatomical areas.
Znclosed or unenclosed building with a capacity of more than five, but less than fifty, persons used for presenting my form of audio or visual material, and in which a sub- stantial portion of the total presentation time is
levoted to the showing of material which is distinguished 3r characterized by an emphasis on depiction or description
3f specified sexual activities or specified anatomical areas. (9) "Adult motion picture arcade" means any place to which the public is permitted or iniTited wherein coin 3r slug operated or electronically or mechanically con-
trolled still or motion picture machines, projectors, or
3ther image producing devices are maintained to show images
to five or fewer persons per machine at any one time, and dhere the images so displayed are distinguished or chacter- ized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
hall, auditorium or other similar establishment, either indoor or outdoor in nature which regularly features live performances which are distinguished or characterized
by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation
by patrons.
building or part of a building intended to be used for the specific purpose of presenting live entertainment or dis- playing motion pictures, slides or closed circuit television
pictures or any other form of audio or visual representation
before an individual or assemblage of persons, whether such assemblage be of a public, restricted or private nature,
except a home or private dwelling where no fee by way of an admission charge, is charged; provided, however, that said
theater does not devote more than a substantial or significant
portion of its presentation time measured on an annual basis, for the exhibition or display of entertainment which is
distinguished or characterized as specified sexual activities
or specified anatomical areas as defined herein.
or other establishment which features live or media
representations of performances by topless or bottomless
dancers, go-go dancers, exotic dancers, strippers, or
similar entertainers, where such performances are distinguished
(8) "Adult mini motion picture theater" means an
(10) "Adult theater" means a theater, concert
(11) "General theater" means an enclosed or unenclasec
(12) "Adult cabaret'' means a nightclub, theater, bar
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or characterized by an emphasis on specified sexual activities or specified anatomical areas.
establishment regulated by Chapter 5.16 of the Carlsbad Municipal Code. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service. (14) "Adult model studio" means any place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed,
sketched, drawn, painted, sculptured, photographed, or
similarly depicted by persons paying such consideration or
gratuity, except that this provision shall not apply to any
"figure studio" or "school of art" or similar establishment
which meets the requirements established in the Education Code of the State of California for the issuance or conferring of, and is in fact authorized thereunder, to issue and confer a dipoloma.
agency, or person who, for any form of consideration or
gratuity, provides a place where two or more persons, not
all members of the same family may congregate, assemble or
associate for the purpose of engaging in specified sexual activity or exposing specified anatomical areas, excluding
psychosexual workshops, operated by professional persons,
licensed by the State, to engage in sexual therapy.
or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the human body when specified anatomical areas are exposed.
offering public accommodations for any consideration, which provides patrons with material distinguished or characterized by an emphasis on depiction or description of specified
sexual activities or specified anatomical areas.
ment or business which provides an outcall service which consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service during which time
specified anatomical areas are displayed or specified sexual activity occurs.
which provides the services of baths of all kinds, including all forms and methods of hydrotherapy during which specified anatomical areas are displayed or specified sexual activity
occurs. This section shall not apply to hydrotherapy treatment practiced by, or under the supervision of a medical practitioner or practiced by a professional massage technician. A medical practitioner, for the purpose of this chapter, shall be a medical doctor, physician, chiropractor or similar professional licensed
by the State of California.
(13) "Massage establishment" means any massage
(15) "Sexual encounter center" means any business,
(16) "Body painting studio" means any establishment
(17) "Adult motel" means a motel or similar establishment
(18) "Outcall service activity" means any establish-
(19) "Bath house" means an establishment or business
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(20) ''School'l means an institution of learning for
minors, whether public or private which offers instruction in those
courses of study required by the California Education Code or
which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior
high school or any special institution of learning under the
jurisdiction of the State Department of Education, but it
does not include a vocational or professional institution or
an institution of higher education, including a community or junior college, college or university.
21.43.030 Zones for adult entertainment establishments. Adult entertainment establishments are permitted only in areas with C-1, C-2, C-M, M, P-M, or P-U zoning classifications.
No such establishment shall be permitted to be established in any area outside such zoning classification.
person shall operate an adult entertainment establishment Girithout first obtaining an adult entertainment permit as provided in this Chapter.
21.43.040 Permitted adult entertainment establishments.
4ny adult entertainment establishment not specifically permitted by the provisions of this section shall be prohibited until such time that this section may be amended to permit such establishment. are as follows:
21.43.035 Adult entertainment permit required. No
The establishments specifically permitted
(1) Adult book store; (2) Adult mini motion picture theater; (3) Adult motel; (4) Adult motion picture arcade; (5) Adult motion picture theater; (6) Adult cabaret; (7) Massage establishment; (8) Model studio; (9) Adult newsrack, provided that no publication or material which, while in or on said newsrack,
exposes to public view any pictorial material
which depicts or appears to depict specified
anatomical areas or specified sexual activity.
or rap parlor); (10) Sexual encounter center (including massage
(11) Body painting studio; (12) Outcall service; (13) Bath house; (14) Adult theater.
211 permitted adult entertainment establishments shall zomply with all regulations and provisions of this chapter 2xcept as otherwise provided herein. shall be construed as permitting any activity otherwise xohibited by state or local law.
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Nothing in this chapter
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21.43.050 Exempt establishments. The following establish- ments are specifically exempted from the regulations and provisions of this chapter provided that they comply with the requirements set forth in Section 21.43.020:
(1) General theater; (2) General book store;
21.43.060 Minimum spacing requirements. No adult
entertainment establishment shall be located within one
thousand feet of any other adult entertainment establishment.
21.43.070 Minimum proximity requirements. No adult
entertainment establishment shall be located within specified
distances of certain specified land uses as set forth below:
(1) No such establishment shall be located within one thousand feet of any parcel of land zoned for residential use.
one thousand feet of any parcel of land which contains any
one or more of the following specific land uses:
(2) No such establishment shall be located within
(A) Amusement park:
(B) Camp (for children's activity) :
(C) Church or other similar religious
(D) Child care facility; (E) Community center;
(F) Museum:
(G) Park (including public beach) :
(H) Playground:
(I) School:
facility;
(3) No such establishment shall be established
within five hundred feet of any parcel of land which contains
any one or more of the following land uses:
(A) Bars/cocktail lounges;
(B) Convalescent homes; (C) Courthouse (or other public building
(D) Hospital; (E) Nursing home;
(F) Retirement hotel; (G) Sanitarium;
(H) Senior citizen activity center.
utilized on a consistent basis by the public;
(4) The distance between any two adult entertain- ment businesses shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of each business. The distance between any adult entertainment business and any school shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of the adult entertainment business to the closest point
on the property line of the school.
21.43.080 Waiver of regulatory provisions. The Planning Commission may grant a conditional use permit for an adult
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entertainment establishment under which the provisions of Sections 21.43.060 and 21.43.070 may be waived if all of the following conditions are met:
the City of Carlsbad containing the signature of fifty-one percent of the total of owners-of-record, holders of business licenses and residents within the specified distances
set forth in Section 21.43.070 is presented to the Planning Department. For purposes of this chapter a "resident" shall
be any individual who has been a registered voter within the
prescribed area for thirty days prior to said individual having
signed any such petition.
(2) That a public hearing be conducted in accordance with the provisions of Section 21.52.040 of this code.
(3) That all of the following findings are made:
(1) That a petition validated by the City Clerk of
(A) to the public interest;
(B) The proposed use will not be injurious to nearby properties;
(C) The proposed use will not encourage the development of an adult entertainment area: (D) The proposed use will not interfere with any program of neighborhood preservation or revitalization;
(E) The proposed use will not interfere with
any governmental program of general urban redevelopment;
(F) The proposed use will not be contrary to the spirit and intent of this chapter:
(G) The harm created by the proposed use is outweighed by its benefits:
(H) All applicable regulations and provisions of this code will be observed by the proposed use.
The proposed use will not be contrary
21.43.090 Proposed establishments issuance of adult
entertainment permit. Any proposed adult erltertainment establishment found to be 'in conformance with all regulations and provisions of this chapter shall be entitled to an adult
entertainment permit which shall be issued by the Planning Commission upon satisfactory completion of the review process
set forth in Section 21.43.110.
21.43.100 Suspension and revocation of permit. The Planning Commission shall suspend or revoke any conditional use or adult entertainment permit issued under the provisions of this chapter if it is found after a noticed public hearing, that any of the following conditions exist:
not comply with all applicable laws, including, but not limited to, the City's building, health, zoning and fire ordinances as set forth in this code; or
any false, misleading or fraudulent statement of fact in
the application for a permit;
(3) The permittee, manager or any employee or agent
of the permittee or manager has violated any provision of this
(1) The operation as conducted by the permittee does
(2) The permittee or manager has knowingly made
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chapter pertaining to the adult entertainment establishment in question.
employee of the permittee or manager, has been convicted in
a court of competent jurisdiction of:
violence upon the person of another, or
Section 290 of the California Penal Code, or of any violation
of Sections 2661, 315, 316, 318 or Subdivision(b) of Section
647 of the Penal Code, or
C. Any felony offense involving the sale of a controlled substance specified in Sections 11054, 11055,
10056, 11057 or 11058 of the Health and Safety Code, or D. Any of the above substantive offenses as defined in the laws of any jurisdiction other than the State of California, if the factual basis for such conviction stems from the operation of the adult entertainment establishment in question.
(5) That the permittee, manager, or any employee of the permittee or manager, knowingly allows any minor under the
age of eighteen years into the establishment.
permits to other departments and agencies.
application for a conditional use permit as provided in Section 21.43.080 or an adult entertainment permit, and the City Clerk, upon receiving an application for a business license,
shall refer any such application to the Department of Building
Inspection, the Police Department, the Fire Department and
the Planning Department, which departments shall inspect the premises proposed to be operated as an adult entertainment establishment, and shall make written recommendations to the Planning Department concerning complaince with the codes that
they administer. The San Diego County Department of Health shall
recommendations shall be considered during the permit review process or during any public hearing required prior to the
issuance of any permit. A permit shall not be issued if it is found that the proposed establishment does not conform to
the requirements of this chapter or any state or local law. (2) An application shall be under oath, and shall
include among other things, the true names and addresses of all persons financially interested in the business. The past criminal record, if any, of all persons financiallyinterested in the business shall be shown on such application. The term "persons financially interested" shall include the applicant and all persons who share in the profits of the business, on the basis of gross or net revenue, including landlords, lessors,
lessees, and the owner of the building, fixtures or equipment. The application shall also be accompanied by fingerprints of persons financially interested. The Chief of Police shall make such investigation as is necessary to determine the background of the applicant and other
(4) That the permittee, manager or any agent or
A. An offense involving the use of force or
B. A crime requiring registration under
21.43.110 Referral of applications for licenses and
(1) The Planning Department, upon receiving an
1 also be requested to make written recommendations. All
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persons financially interested. The Chief of Police shall report to the Planning Commission his findings and recommendations
as to whether the adult entertainment permit or conditional use
permit should be approved or denied in writing within thirty
days after the application is submitted. The recommendations of the Police Chief shall be based on the findings and may also
be based on his judgment of potential enforcement problems and
reasons therefor from the proposed establishment. The report
shall be considered by the Planning Commission in making findings
required by Section 21.43.080 or in issuing an adult entertainment
permit pursuant to Section 21.43.090. Failure to so report shall
be deemed recommendation of approval of the permit.
entertainment permit the Planning Commission shall set forth the
reasons for the denial in writing. The written reasons for
denial shall be sent to the applicant at the address specified on the application by means of certified or registered mail or by hand delivery. The denied applicant shall, at his election, have the right to a hearing before the City Council. The City
Council may approve, deny or conditionally approve or deny the
application. The decision of the City Council shall be final.
If the applicant does
of notice of denial the decision of the Planning Commission
shall be final.
(3) Upon denial of any application for an adult
not request a hearing within ten days
21.43.120 Regulations of signs. No person granted a permit
to operate an adult entertainment establishment pursuant to this chapter shall place or cause to be placed or maintained in such
a location as can be viewed by persons on any public street
any sign or signs, photographic, pictorial or other graphic
representations, that depict in whole or in part the following: (1) Act or simulated acts of sexual intercourse,
masturbation, sodomy, bestiality, oral copulation, flagellation,
or any sexual acts which are prohibited by law.
the anus or the genitals.
to depict, or drawings are employed to portray any of the prohibited signs, photographs or graphic representations described above.
specified sexual activities and specified anatomical areas as specified herein.
(2) Scenes wherein a person displays the vulva or
(3) Scenes wherein artifical devices are employed
(4) Any other graphic illustration pertaining to
21.43.130 Visibility from the street. No operator of an adult entertainment establishment shall permit, or cause
to be permitted, any stock in trade which depicts, describes or relates to specific sexual activities and/or specified anatomical areas as defined herein, to be viewed from the street, sidewalk, or highway.
21.43.140 Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason
held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect
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the validity of the remaining portions of this ordinance.
City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, and phrase hereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases hereof be declared invalid or unconstitutional.
The
21.43.150 Violation--Penalty. Violation of this
ordinance is punishable pursuant to Section 21.62.010 of
this code. "
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the City Clerk shall
certify to the adoption of this ordinance and cause it to be
published at least once in the Carlsbad Journal within
fifteen days after its adoption.
INTRODUCED AND FIRST RJ?,AD at a regular meeting of the
Carlsbad City Council held on the 3rd day of July
1979 and thereafter
I
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 17th day of July , 1979 by
the following vote, to wit:
AYES : Councilmen Packard, Skotnicki, Anear, Lewis and
NOES : None
Councilwoman Casler
ABSENT: None
STTEST :
(SEAL)
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