Article 4 — Miscellaneous Provisions

14.71.190 - Inspections.

An applicant or permittee shall permit representatives of the county sheriff's department, health department, fire department, community development department, or other city departments or agencies to inspect the premises for an adult-oriented business for the purpose of insuring compliance with the law and development and performance standards applicable to adult-oriented businesses at any time it is occupied or open for business. A person who operates an adult-oriented business or his or her agent or employee is in violation of the provisions of this section if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or opened for business.

(Ord. 542 § 2 (part), 1998)

14.71.200 - Regulations nonexclusive. ¶

The provisions of this article regulating adult-oriented businesses are not intended to be exclusive, and compliance therewith shall not excuse compliance with any other regulations pertaining to the operation of businesses as adopted by the city.

(Ord. 542 § 2 (part), 1998)

14.71.210 - Employment of persons without permits unlawful. ¶

It is unlawful for any owner, operator, manager, or permittee in charge of or in control of an adult-oriented business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities to allow any person to perform such entertainment who is not in possession of a valid, unrevoked adult-oriented business performer permit.

(Ord. 542 § 2 (part), 1998)

14.71.220 - Time limit for filing application for permit. ¶

All persons who possess an outstanding business license heretofore issued for the operation of an adultoriented business and all persons required by this chapter to obtain an adult-oriented business performer permit must apply for and obtain such permit within ninety days of the effective date of the ordinance codified in this chapter. Operation of an adult-oriented business, or the presentation of performances depicting specified anatomical areas or specified sexual activities in an adult-oriented business after the lapse of such time, without obtaining the required permit(s) shall constitute a violation of this chapter.

(Ord. 542 § 2 (part), 1998)

14.71.230 - Violation of state law prohibited. ¶

An adult-oriented business may neither sell, rent, or display "obscene matter" as that term is defined by Penal Code Section 311 or its successors nor exhibit any "harmful matter" to minors, as that term is defined by Penal Code Section 313 or its successors.

(Ord. 542 § 2 (part), 1998)

14.71.240 - Existing municipal code not affected. ¶

The application of this chapter shall not relieve any person from complying, without limitation, with the provisions of Municipal Code Chapter 12.36, relating to newsracks, or Municipal Code Chapter 9.60, relating to public nudity.

(Ord. 542 § 2 (part), 1998)

14.71.250 - Civil and criminal remedies. ¶

Violations of this chapter shall be remediable either by civil or criminal action, as provided by the Carpinteria Municipal Code.

To the extent permitted by law, any person substantially affected by an adult-oriented business may pursue available legal or equitable remedies.

(Ord. 542 § 2 (part), 1998)

14.71.260 - Persons responsible. ¶

Any person who operates an adult-oriented business on premises that constitute an adult-oriented business is responsible for compliance with this chapter and is subject to civil and criminal remedies for violations thereof. "Operate" shall mean to own, lease (as lessor or lessee), rent (as landlord or tenant or as agent for 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-oriented business.

(Ord. 542 § 2 (part), 1998)