4-7-102: DEFINITIONS:
For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:
ADULT ENTERTAINMENT BUSINESS: "Adult entertainment business" shall mean 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.
   Any business in possession of a valid adult entertainment regulatory permit.
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.
CHARACTERIZED BY AN EMPHASIS UPON: The dominant or essential theme of the object described by such phrase.
DIRECTOR: The director of finance administration of the city of Beverly Hills or the designee thereof.
ENTERTAINER: A person who, for any form of consideration, performs at an adult entertainment business. Such persons shall constitute "entertainers" regardless of their legal relationship (e.g., employee, owner or independent contractor) with the adult entertainment business.
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 permit holder for an adult entertainment business owned and operated by the corporation.
PERFORM AT AN ADULT ENTERTAINMENT BUSINESS: To engage in or participate in, at an adult entertainment business, any live performance that is characterized by an emphasis upon specified sexual activities or features any seminude person.
PERMITTEE: A. For the purpose of article 2 of this chapter, any person who has been issued an adult entertainment regulatory permit;
   B.   For the purpose of article 3 of this chapter, any person who has been issued an adult entertainer permit; and
   C.   For the purpose of articles 4 through 6 of this chapter, any person who has been issued an adult entertainment regulatory permit or an adult entertainer permit.
PERSON: Any natural person, partnership, copartnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.
REGULAR AND SUBSTANTIAL COURSE OF CONDUCT: Shall mean that 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.
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.
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 breasts;
   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.
SUBSTANTIALLY ENLARGED: The increase in floor area occupied by an adult entertainment business by more than ten percent (10%) of its floor area as it existed at the time an adult entertainment regulatory permit was issued for the business. (Ord. 98-O-2302, eff. 7-2-1998; amd. Ord. 99-O-2337, eff. 11-19-1999; Ord. 01-O-2386, eff. 12-9-2001; Ord. 02-O-2396, eff. 4-26-2002; Ord. 02-O-2402, eff. 6-20-2002)