§ 19.26.080. Performance standards.
(a)
No adult entertainment business shall be operated in a manner that permits the observation, from public rights-of-way or locations outside the establishment, of either:
(1)
Adult entertainment material;
(2)
Adult entertainment merchandise;
(3)
Specified sexual activities; or
(4)
Any semi-nude person.
This provision shall apply to any display, decoration sign, show window or other opening.
(b)
Exterior doors and windows of the adult entertainment business shall not be propped or kept open at any time while the business is open.
(c)
Exterior windows of the adult entertainment business shall be covered with opaque covering at all times.
(d)
Patrons shall not be permitted access to any area of the adult entertainment business which has been designated as an area in which patrons will not be permitted.
(e)
No person under the age of 18 years shall be permitted within the adult entertainment business at any time.
(f)
The adult entertainment business shall maintain a security system that visually monitors and records all parking surfaces serving the business.
(g)
Security guards shall be employed in order to maintain the public peace and safety, based upon the following standards:
(1)
One security guard shall be on duty at all times while the business is open; provided, however, that an additional security guard shall be on duty if the occupancy limit of the premises is greater than 35 persons.
(2)
Security guards shall be: (i) certified by the state commission on peace officer standards and training; (ii) currently employed, off-duty peace officers; and (iii) uniformed in such a manner so as to be readily identifiable as a security guard by the public.
(3)
The security guards shall be charged with preventing violations of law, enforcing patron compliance with the requirements of this chapter, and with notifying the Barstow police department of any violations of law observed.
(4)
No security guard required pursuant to this subsection (g) 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.
(h)
No adult entertainment business shall operate between the hours of 12:00 midnight and 8:00 a.m. on any day, except that this provision does not apply to businesses also regulated by the California Department of Alcoholic Beverage Control.
(i)
No owner or other person with managerial control over an adult entertainment business shall permit any person on the premises of the adult entertainment business to engage in a live showing of specified anatomical areas.
(j)
Adult arcades shall comply with the following additional requirements:
(1)
No viewing room or video booth may be occupied by more than one person at any one time.
(2)
At least one employee shall be on-duty and stationed at each manager's station at all times that a patron is present inside the premises.
(3)
Customers, patrons or visitors shall not be allowed to loiter in either: (i) the vicinity of viewing rooms or booths; or (ii) the common area of the business.
(4)
Signs prohibiting loitering shall be posted in prominent places in and near viewing rooms and booths.
(5)
The floors, seats, walls and other interior portions of viewing rooms and booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any viewing rooms or booths shall be evidence of improper maintenance and inadequate sanitary controls.
(k)
Adult cabarets and adult theaters, except for businesses regulated by the Alcoholic Beverage Control Commission, shall comply with the following additional requirements:
(1)
No entertainer shall perform except upon a stage which is both: (i) at least 18 inches above the level of the floor; and (ii) separated by a distance of at least ten feet from the nearest area occupied by patrons.
(2)
No patron shall be permitted within ten feet of the stage while the stage is occupied by an entertainer.
(3)
No entertainer shall have physical contact with a patron before, during or after performances. This subsection shall only apply to physical contact on the premises of the business.
(4)
No patron shall have physical contact with an entertainer before, during or after performances. This subsection shall only apply to physical contact on the premises of the business.
(5)
No patron shall directly pay or give any gratuity to an entertainer.
(6)
No entertainer shall solicit any gratuity from a patron.
(Ord. No. 934-2015, § 19.26.080, 7-20-2015)