A. It is the intent of this section that the definitions set forth in this zoning code shall apply but only where they do not conflict with any definition set forth in this section.
B. Establishment of an adult entertainment business. As used herein, to ESTABLISH an adult entertainment business shall mean and include any of the following:
1. The opening or commencement of operation of any such business as a new business.
2. The conversion of any existing business, whether or not an adult entertainment business, to any adult entertainment business as described herein.
3. The addition of any adult entertainment business as defined herein to any existing adult entertainment business if the addition results in enlargement of the place of business. For purposes of this paragraph,
ENLARGEMENT shall mean an increase in size of the building within which the business is conducted by either construction or use of an adjacent building or any portion thereof, whether located on the same or an adjacent lot or parcel of land.
C. Specified anatomical areas. As used herein SPECIFIED ANATOMICAL AREAS shall mean and include any of the following:
1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breast below a point immediately above the tops of the areolae; or
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
D. Specified sexual activities. As used herein, SPECIFIED ANATOMICAL AREAS shall mean and include any of the following:
1. The fondling or other erotic touching, actual or simulated, of human genitals, pubic region, buttock or female breast;
2. Sex acts, actual or simulated, including acts of sexual intercourse, oral copulation, sodomy, or bestiality; or
3. Masturbation, actual or simulated; or
4. Excretory functions as part of or in connection with any of the activities set forth in paragraphs D.1. through 3. above.
E. An
ADULT ENTERTAINMENT ESTABLISHMENT is any place of business in which one or more of the following activities are conducted:
1.
ADULT BOOK STORE. A commercial establishment which, as a regular and substantial part of its business, devotes inventory or product lines or display, shelf, rack, table, stand, or floor area used for the display and sale of the following:
a. Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records, and other form of visual or audio representation which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and/or
b. Instruments, artificial devices or paraphernalia which are designed for use in connection with specified sexual activities. The term
PRODUCT LINE refers to items which are all identical, such as numerous copies of the same book or periodical.
2.
ADULT MOTION PICTURE ESTABLISHMENT. A commercial establishment with a capacity of more than fifty (50) persons, used for the presentation, exhibition or display of films, motion pictures, video cassettes, slides or similar photographic reproductions projected on a screen, which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. For purposes of this paragraph and paragraphs E.3. through 8., and E.12., SUBSTANTIAL PORTION OF THE TOTAL PRESENTATION TIME shall mean a regular and substantial course of conduct.
3.
ADULT MINI-MOTION PICTURE THEATER. A commercial establishment with a capacity of more that five (5) but less than fifty (50) persons, used for the presentation, exhibition or display of films, motion pictures, video cassettes, slides or similar photographs reproductions projected on a screen, and in which a substantial portion of the presentation time is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
4.
ADULT MOTION PICTURE ARCADE. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, in which a substantial portion of the total presentation time of the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
5.
ADULT DRIVE-IN THEATER. An open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of visual productions, for any form of consideration to persons in motor vehicles or on outdoor seats, in which a substantial portion of the total presentation time of the material being presented is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.
6.
ADULT CABARET. A nightclub, bar, restaurant, or similar establishment during which a substantial portion of the total presentation time features live performances which are distinguished or characterized by an emphasis on specified anatomical areas and/or feature films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.
7.
ADULT MOTEL or HOTEL. A hotel or motel or similar commercial establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions, a substantial portion of the total presentation time of which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.
8.
ADULT THEATER. A theater, concert hall, auditorium or similar commercial establishment either indoor or outdoor in nature which, for any form of consideration, regularly features live performances, a substantial portion of the total presentation time of which is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons.
9.
ADULT MODEL STUDIO.
a. Any establishment open to the public where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons, other than the proprietor, paying such consideration or gratuity.
b. This provision shall not apply to any school of art which is operated by an individual, firm, association, partnership, corporation or institution which meets the requirements established in the Education Code of the State of California for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma.
10.
SEXUAL ENCOUNTER ESTABLISHMENT.
a. A commercial establishment, other than a hotel, motel or similar establishment offering public accommodations which, for any form or consideration, provides a place where two (2) or more persons may congregate, associate or consort in connection with specified sexual activities or the exposure of specified anatomical areas.
b. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State of California engages in sexual therapy.
11.
BODY PAINTING STUDIO. Any establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on human body when such body is wholly or partially nude in terms of specified anatomical areas.
12.
OTHER ADULT ENTERTAINMENT BUSINESS. Any other business or commercial establishment not herein described:
a. Wherein for any form of consideration the establishment provides entertainment to patrons in which a substantial portion of the total presentation time is characterized by an emphasis on depicting, describing or relating to specified sexual activities or specified anatomical areas; or
b. Which devotes more than fifty percent (50%) of the total area used for display of its stock in trade to items, instruments and paraphernalia which are characterized by an emphasis on depicting, describing, or relating to specified sexual activities.
(Ord. 938, passed 7-6-93)