For the purpose of this article, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:
ADULT ENTERTAINMENT BUSINESS: Any of the following:
Adult Arcade: An establishment where, for any form of consideration, as a regular and substantial course of conduct one or more still or motion picture projectors, or similar machines, for viewing by five (5) or fewer persons each, are used to show films, computer generated images, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.
Adult Bookstore: An establishment that, for any form of consideration, as a regular and substantial course of conduct offers for sale, rent, or viewing either adult entertainment material, adult entertainment merchandise or both.
Adult Cabaret: An establishment that serves food or beverages and that, for any form of consideration, as a regular and substantial course of conduct presents live performances that are characterized by an emphasis upon specified sexual activities or feature any seminude person.
Adult Motion Picture Theater: An establishment that, for any form of consideration, as a regular and substantial course of conduct offers to show films, computer generated images, motion pictures, videocassettes, slides, or other photographic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.
Adult Theater: An establishment that, for any form of consideration, as a regular and substantial course of conduct presents live performances that are characterized by an emphasis upon specified sexual activities or feature any seminude person.
Modeling Studio: An establishment that provides, for any form of consideration, seminude figure models or figure models who expose specified anatomical areas for the purpose of observation, sketching, photography, painting, sculpting or other depiction by persons paying such consideration. This definition shall not include schools maintained pursuant to standards set by the state board of education.
Any business that, for any form of consideration, as a regular and substantial course of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.
ADULT ENTERTAINMENT MATERIAL: Any audiotape, book, periodical, magazine, photograph, drawing, sculpture, motion picture film, videotape recording, or other visual representation, characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.
ADULT ENTERTAINMENT MERCHANDISE: Adult entertainment implements or paraphernalia, such as, but not limited to: dildos; auto sucks; vibrators; edible underwear; benwa balls; inflatable orifices; anatomical balloons with orifices; simulated vaginas and similar adult entertainment devices that are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.
ADULT HOTEL/MOTEL: A hotel, motel or similar establishment offering public accommodations for any form of consideration that either:
A. 1. Provides patrons with closed circuit television transmissions, films, motion pictures, videos, slides or other photographic or electronic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas; and
2. Advertises the availability of such material by means of a sign visible from the public right of way, or by means of any off premises advertising including, but not limited to, newspapers, magazines, pamphlets, leaflets, radio or television.
B. Rents, leases or lets any single guestroom for less than any ten (10) hour period.
C. Rents, leases or lets any single guestroom more than twice in any twenty four (24) hour period.
D. Allows a tenant or occupant to subrent a guestroom for a time period less than ten (10) hours.
BUSINESS TRIANGLE AREA: All those parcels included in that area north of Wilshire Boulevard, west of the first alley west of North Crescent Drive, and south of Santa Monica Boulevard (South Roadway), including all those parcels having frontage on the north side of the South Roadway of Santa Monica Boulevard, from North Crescent Drive to Wilshire Boulevard but excluding those parcels having frontage on the north side of Wilshire Boulevard.
CHARACTERIZED BY AN EMPHASIS UPON: The dominant or essential theme of the object described by such phrase.
DIRECTOR: The director of planning and community development of the city of Beverly Hills or the designee thereof.
HEARING OFFICER: The city manager of the city of Beverly Hills, or the designee thereof.
OWNER: A. The sole proprietor of an adult entertainment business;
B. Any general partner of a partnership that owns and operates an adult entertainment business;
C. The owner of a controlling interest in a corporation that owns and operates an adult entertainment business; and
D. The person designated by the officers of a corporation to be the zone clearance holder for an adult entertainment business owned and operated by the corporation.
PARK: A park, playground, swimming pool or athletic field within the city that is under the control, operation or management of the city or any other public entity.
REGULAR AND SUBSTANTIAL COURSE OF CONDUCT: Any of the following conditions exist:
A. At least thirty percent (30%) of the stock-in- trade is devoted to adult entertainment material, adult entertainment merchandise, or both; provided, however, that this criteria shall not apply to mail order businesses or wholesale businesses with no patrons on the premises.
B. At least thirty percent (30%) of the total display area is devoted to adult entertainment material, adult entertainment merchandise, or both; provided, however, that this criteria shall not apply to mail order businesses or wholesale businesses with no patrons on the premises.
C. The business presents or offers to present, on any four (4) or more separate days within any thirty (30) day period, live entertainment that is characterized by an emphasis upon specified sexual activities or features any seminude person.
D. The business presents or offers to present, on any four (4) or more separate days within any thirty (30) day period, nonlive entertainment that is characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.
E. At least thirty percent (30%) of the gross receipts of the business are derived from the sale, trade, rental, display or presentation of services, products, materials or entertainment that is characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.
RELIGIOUS INSTITUTION: A structure that is used primarily for religious worship and related religious activities.
SCHOOL: A. Any child or day care facility; and
B. Any institution of learning for minors, whether public or private, offering instruction in the courses of study required by the California Education 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.
SEMINUDE: A state of dress in which clothing completely and opaquely covers the genitals, pubic region, buttocks, and nipple of the female breast, but does not completely and opaquely cover the female breast below the top of the areola.
SEXUAL ENCOUNTER CENTER: A business, agency or person that, for any form of consideration, provides a place where three (3) or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.
SPECIFIED ANATOMICAL AREAS: A. Less than completely and opaquely covered genitals, pubic region, buttocks, and nipple of the female breast;
B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered;
C. Any device, costume or covering that simulates any of the body parts included in subsection A or B of this definition.
SPECIFIED SEXUAL ACTIVITIES: Shall mean the following, whether performed directly or indirectly through clothing or other covering:
A. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;
B. Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;
C. Masturbation, actual or simulated;
D. Excretory functions as part of, or in connection with, any of the other activities described in subsections A through C of this definition. (Ord. 98-O-2301, eff. 7-2-1998; amd. Ord. 99-O-2337, eff. 11-19-1999; Ord. 01-O-2386, eff. 12-9-2001; Ord. 02-O-2391, eff. 3-8-2002; Ord. 02-O-2396, eff. 4-26-2002; Ord. 02-O-2402, eff. 6-20-2002)