A. "License Collector" means the License Collector of the City of Anaheim or his or her designee.
B. "Owner," "Permit Holder" or "Permittee" shall mean, for the purposes of this chapter, any of the following:
(i) The sole proprietor of a sex-oriented business; or
(ii) Any general partner of a partnership which owns and operates a sex-oriented business; or
(iii) The “Owner” of a controlling interest in a corporation which owns and operates a sex-oriented business; or
(iv) The person designated by the officers of a corporation to be the permit holder for a sex-oriented business owned and operated by the corporation.
C. "Specified Anatomical Parts" means:
(i) Less than completely and opaquely covered human genitals; pubic hair; cleft of the buttocks; perineum; anal region; pubic hair region; or female breast below a point immediately above the top of the areola; or
(ii) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
D. "Specified Sexual Activities" means:
(i) Actual or simulated: sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, masturbation, direct physical stimulation of clothed or unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual relationship; or any of the following depicted sexually-oriented acts or conduct, whether actual or simulated: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, sapphism, urophilia, zooerastia, zoophilia; or
(ii) Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or
(iii) Use of human or animal ejaculation; or
(iv) Fondling or erotic or sexually-oriented touching of human genitals, pubic region, buttocks, cleft of the buttocks, anal region or female breast; or
(v) Masochism; erotic or sexually-oriented torture, beating or the infliction of pain; or
(vi) Erotic or lewd touching, fondling, or other sexually-oriented contact with an animal by a human being; or
(vii) Human excretion, urination, menstruation, vaginal or anal irrigation; or
(viii) Striptease, or the removal of clothing, or the wearing of transparent or diaphanous clothing, including models appearing in lingerie, to the point where specified anatomical parts are exposed.
E. "Sex-Oriented Bookstore" means any establishment, which as a regular and substantial portion of its business, displays and/or distributes sex-oriented merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, films, or other visual representations which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical parts. See "Sex-Oriented Business" for definition of the term "regular and substantial portion of its business."
F. "Sex-Oriented Business" means any business establishment or concern which, as a regular and substantial course of conduct, performs or operates as a sex-oriented bookstore, sex-oriented theater, sex-oriented motion picture arcade, sex-oriented cabaret, sex-oriented motel/hotel, or sells or distributes sex-oriented merchandise or sex-oriented material, or any other business or concern which, as a regular and substantial portion of its business, offers to its patrons products, merchandise, services or entertainment which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts, but not including those uses or activities, the regulation of which is preempted by state law. "Sex-Oriented Business" also includes any establishment which, as a regular and substantial course of conduct, provides or allows performers, models, or employees to appear in any public place in lingerie. As used in this chapter, the terms "Regular and Substantial Course of Conduct" and "Regular and Substantial Portion of its Business" shall mean any “Sex-Oriented Business” where one or more of the following conditions exist:
(i) The area(s) devoted to the display of sex- oriented merchandise and/or sex oriented material exceeds fifteen percent (15%) of the total display area of the business; or
(ii) The business or concern presents any type of live entertainment characterized by an emphasis on specified sexual activity or specified anatomical parts, or performers, models or employees appearing in public in lingerie on any four or more separate days within any thirty-day period; or
(iii) At least fifty percent (50%) of the gross receipts of the business are derived from the sale, trade, display or presentation of services, products, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.
G. "Sex-Oriented Cabaret" means a nightclub, bar, restaurant or similar establishment or concern which features any type of live entertainment characterized by its emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.
H. "Sex-Oriented Material" means any sex-oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video tape recording or other visual representation, characterized by an emphasis on matter depicting, describing, or relating to specific sexual activities or specified anatomical parts.
I. "Sex-Oriented Merchandise" means sex- oriented implements or paraphernalia, such as, but not limited to: dildos, auto sucks, sex-oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and/or battery operated vaginas, and similar sex-oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.
J. "Sex-Oriented Motion Picture Arcade" means any business establishment or concern containing any manually operated, coin- or slug-operated, or electrically or electronically operated or controlled, still or motion picture or video tape machines, projectors, players or other image-producing devices that are maintained to display images to five or fewer persons per machine, or per viewing room, at any one time when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.
K. "Sex-Oriented Motion Picture Theater" means a business establishment or concern which projects and presents motion pictures, video tape recordings, slide photographs, or other motion or still pictures which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.
L. "Sex-Oriented Theater" means a theater, concert hall, auditorium, or similar establishment which features live performances which are characterized by an emphasis on matter depicting, describing or relating to specified anatomical parts or by specified sexual activities.
(Ord. 5920 1 (part); June 8, 2004: Ord. 6461 § 23; April 16, 2019.)