For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ARCADE. Any business establishment or concern containing coin- or slug-operated or manually or electronically controlled still, motion picture or video machines, projectors, or other image-producing devices that are maintained to display images to an individual, when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. Such devices are referred to as ADULT ARCADE DEVICES.
ADULT BOOTH or INDIVIDUAL VIEWING AREA. A partitioned or partially enclosed portion of an adult business used for any of the following purposes:
(1) Where a live or taped performance is presented or viewed, where the performances or images displayed or presented are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas;
(2) Where adult arcade devices are located.
ADULT BUSINESS. Any business establishment or concern that, as a regular and substantial course of conduct, performs or operates as an adult arcade, adult cabaret, adult model studio, adult store or adult theater, or any combination thereof. It also means any business establishment or concern that, as a regular and substantial course of conduct, sells or distributes sexually oriented merchandise or sexually oriented material; or any other business establishment or concern that, as a regular and substantial course of conduct, offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas. ADULT BUSINESS does not include those uses or activities, the regulation of which is preempted by state law.
ADULT CABARET. A business establishment that features adult live entertainment.
ADULT LIVE ENTERTAINMENT. 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: (1) the performer exposes to public view, with opaque covering (e.g., pasties and g-string), specified anatomical areas; or (2) the performance or physical human body activity depicts, describes or relates to specified sexual activities, even if the specified anatomical areas are covered.
ADULT MODEL STUDIO. A business establishment that provides, for any form of consideration, the services of a live human model, who, for the purposes of sexual stimulation of patrons, displays specified anatomical areas to be observed, sketched, photographed, filmed, painted, sculpted or otherwise depicted by persons paying for such services. ADULT MODEL STUDIO does not include any live art class or any studio or classroom that is operated by any public agency, or any private educational institution that is maintained pursuant to standards set by the Board of Education of the State of California.
ADULT STORE. Any establishment that, as a regular and substantial course of conduct, displays or distributes sexually oriented merchandise or sexually oriented material.
ADULT THEATER. A business establishment or concern that, as a regular and substantial course of conduct, presents adult live entertainment, or motion pictures, videos, digital video disks, slide photographs, or other pictures or electronically generated visual reproductions, distinguished or characterized by the emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
APPLICANT. All owners of a proposed adult business applying for an adult business permit under this chapter.
CODE ENFORCEMENT OFFICER. A person authorized to enforce certain provisions of this chapter.
DIRECTOR. The Director of the city’s Community Development Department or the Director’s designee.
ESTABLISHMENT OF AN ADULT BUSINESS. Any of the following:
(1) The opening or commencement of any adult business as a new business;
(2) The conversion of an existing business, whether or not an adult business, to any adult business;
(3) The addition of any of the adult businesses defined herein to any other existing adult business; or
(4) The relocation of any such adult business.
LAP DANCE. Includes chair dancing, couch dancing, straddle dancing, table dancing, and means an employee or independent contractor of an adult business intentionally touching any patron while engaged in adult live entertainment.
ON-SITE MANAGER. Any person designated by the owner as responsible for the day-to-day, on-site operation of the adult business.
OPERATE AN ADULT BUSINESS. The supervising, managing, overseeing, directing, organizing, controlling, or in any way being responsible for or in charge of the premises of an adult business, or the conduct or activities occurring on such premises.
OPERATOR. A person who supervises, manages, oversees, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an adult business, or the conduct or activities occurring on such premises.
OWNER. All persons having a direct or indirect investment in an adult business; provided, however, where such investment is held by a corporation, for the purposes of this chapter, each officer and director of a corporation and each stockholder holding more than 5% of the stock of such corporation is deemed to be an OWNER.
PERFORMER. A person who is an employee or independent contractor of an adult business, or any other person who, with or without any compensation or other form of consideration, provides adult live entertainment for patrons of an adult business.
PERSON. Any individual, firm, association, partnership, limited liability company, corporation or other form of legal entity.
POLICE CHIEF. The Chief of the Alhambra Police Department or the Police Chief's designee.
SEXUALLY ORIENTED MATERIAL. Any element of sexually oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video, or other written, oral or visual representation that, for purposes of sexual arousal, provides depictions characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical areas.
SEXUALLY ORIENTED MERCHANDISE. Sexually oriented implements and paraphernalia, including but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity, or characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical areas.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, or female breast below a point immediately above the top of the areola; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(1) Fondling or touching of nude human genitals, pubic region, buttocks or female breast;
(2) Human sex acts, actual or simulated, including intercourse, oral copulation or sodomy;
(3) Acts of human masturbation, sexual stimulation or arousal, actual or simulated;
(4) Human genitals in a state of sexual stimulation or arousal;
(5) Use of human or animal ejaculation;
(6) Masochism, erotic or sexually oriented torture, beating, or the infliction of pain, bondage or restraints; or
(7) Excretory functions as part of, or in connection with, any of the activities listed in division (1) through (6) of this definition.
(Ord. 4496, passed 5-29-07; Am. Ord. 4735, passed 5-14-18)