For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT-ORIENTED BUSINESSES. Any one of the following:
(1) ADULT ARCADE. An establishment where, for any form of consideration, one or more video machines, computers, DVD players, still or motion picture projectors or similar machines used for presenting live entertainment or displaying an image, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, DVD’s, slides, or other photographic reproductions, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
(2) ADULT BOOKSTORE. An establishment that has 30% or more of its stock in trade or display, which could include but not be
limited to books, magazines, periodicals and/or other printed matter, photographs, films, motion pictures, video cassettes, DVD’s, slides, tapes, records, or other form of visual or audio representations, which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.
(3) ADULT CABARET. A nightclub, restaurant, or similar business establishment which:
(a) Regularly features live perform- ances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or
(b) Regularly features persons who appear semi-nude; and/or
(c) Shows films, computer generated images, motion pictures, video cassettes, DVD’s, slides, or other photographic reproductions, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
(4) ADULT HOTEL or MOTEL. A hotel or motel or similar business establishment offering public accommodations for any form of consideration which:
(a) Provides patrons with closed- circuit television transmissions, films, computer generated images, motion pictures, video cassettes, DVD’s, slides, or other photographic reproductions, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and
(b) Rents, leases, or lets any room for less than a six-hour period, or rents, leases, or lets any single room more than twice in a 24-hour period.
(5) ADULT MOTION PICTURE THEATER. A business establishment where, for any form of consideration, films, computer generated
images, motion pictures, video cassettes, DVD’s, slides, or similar photographic reproductions are shown, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
(6) ADULT THEATER. A theater, concert hall, auditorium, or similar establishment which, for any form of consideration regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.
(7) MODELING STUDIO. A business which provides, for pecuniary compensation, monetary or other consideration, hire, or reward, figure models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted, or otherwise depicted by persons paying such consideration. MODELING STUDIO does not include schools maintained pursuant to standards set by the State Board of Education. MODELING STUDIO further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available specified sexual activities.
ADULT-ORIENTED BUSINESS OPERATOR or OPERATOR. A person who supervises, manages, inspects, directs, organizes, controls, or in any other way is responsible for or in charge of the premises of an adult-oriented business or the conduct or activities occurring on the premises thereof.
APPLICANT. A person who files an application for a permit under this chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an adult-oriented business.
BAR. Any commercial establishment licensed by the state Department of Alcoholic Beverage Control to serve any alcoholic beverages on the premises.
DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON. The dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films “which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas,” the films so described are those the dominant or predominant character and theme of which are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal. App.3d 151 (1981).
ESTABLISHMENT OF AN ADULT- ORIENTED BUSINESS. Any of the following:
(1) The opening or commencement of any adult-oriented business as a new business;
(2) The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business defined herein;
(3) The addition of any of the adult- oriented businesses defined herein to any other existing adult-oriented business; or
(4) The relocation of any such adult- oriented business.
FIGURE MODEL. Any person who, for pecuniary compensation, consideration, hire, or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed, or otherwise depicted.
HEALTH OFFICER. The Health Officer of the city or his or her duly authorized representative(s).
INDIVIDUAL VIEWING AREA. An area designed for fewer than five persons to view still or motion pictures, live entertainment, computer generated images, or other photographic reproduc- tions, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
NUDITY or A STATE OF NUDITY. The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast at the upper radius of the areola or below with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
OPERATE AN ADULT-ORIENTED BUSINESS. The supervising, managing, inspecting, directing, organizing, controlling, or in any way being responsible for or in charge of the conduct of activities of an adult-oriented business or activities within an adult-oriented business.
PERFORMER. Any dancer, entertainer, model, or other person who performs specified sexual activities or displays specified anatomical parts in an adult oriented business, regardless of whether such person performs for compensation.
PERMITTEE. The person to whom an adult- oriented business permit or adult-oriented business performer permit has been issued.
PERSON. Any individual, partnership, copartnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.
REGULARLY FEATURES. With respect to an adult theater or adult cabaret, means presented as a regular and substantial course of conduct of the person, business, or establishment making the presentation or at which the presentation is made. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two or more occasions within a 30-day period; three or more occasions within a 60-day period; or four or more occasions within a 180-day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.
RELIGIOUS INSTITUTION. As used in this chapter, is a structure which is used primarily for religious worship and related religious activities at least two days per week.
SCHOOL. Any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the Cal. Educ. Code and maintained pursuant to standards set by the state Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.
SEMI-NUDE. A state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.
SPECIFIED ANATOMICAL AREAS. Any of the following:
(1) Less than completely and opaquely covered human genitals or pubic region, buttocks, and female breast below a point immediately above the top of the areola; and
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(3) Any device, costume, or covering that simulates any of the body parts included in divisions (1) or (2) of this definition.
SPECIFIED SEXUAL ACTIVITIES. Any of the following, whether performed directly or indirectly through clothing or other covering:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;
(2) Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;
(3) Masturbation, actual or simulated;
(4) Excretory functions as part of or in connection with any of the other activities described in divisions (1) through (3) of this definition.
(Ord. 1117, passed 9-4-96; Am. Ord. 1301, passed 4-4-07)