The following words and phrases shall, for the purposes of this Chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended.
(a) “Adult bookstore” means an establishment having as a substantial or significant portion of its stock in trade material which is distinguished or characterized by its emphasis on matter depicting, describing or related to specified sexual activity or specified anatomical area, or an establishment with a segment or section thereof devoted to the sale or display of such material.
(b) “Adult business” includes but is not limited to any adult bookstore, adult cabaret, adult hotel or motel, adult theater, adult model studio, body painting studio, nude model studio and sexual encounter center, and any other business involving “specified sexual activities” or display of “specified anatomical areas.”
(c) “Adult business manager” or “manager” means a person on the premises of an adult business who is authorized to exercise overall operational control of the business.
(d) “Adult cabaret” means any nightclub, bar, restaurant, or similar establishment which is distinguished or characterized by its emphasis in the entertainment presented on:
(1) Live performances which is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas; and/or
(2) Films, motion pictures, video cassettes, or slides or other photographic reproductions whose dominant or predominant character and theme is the depiction of specified sexual activities or specified anatomical areas for the observation by patrons.
(e) “Adult hotel/motel” means a hotel or motel, which provides through closed-circuit television or other media, material which is distinguished or characterized by the emphasis on matter depicting or describing or related to specified sexual activities or specified anatomical area.
(f) “Adult model studio” or “nude model studio” means any establishment open to the public where for any form of consideration of gratuity, human models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculpted, photographed, or otherwise depicted by persons other than the proprietor paying such consideration or gratuity. This provision shall not apply to any school of art, which is defined as a firm 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 a diploma.
(g) “Adult picture arcade” means any place to which the public is permitted or invited wherein coin or token-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 or fewer persons per machine, at any one time, and where the emphasis of the images so displayed is on depiction of specified sexual activities or specified anatomical areas.
(h) “Adult service” means dancing, serving food or beverages, modeling, posing, wrestling, singing, reading, talking, listening or other performances, activities or conduct for consideration in an adult business by a person who is nude or seminude during all of part of the time that the person is providing the service. An adult business includes a business where adult service is provided to patrons in the regular course of business.
(i) “Adult service provider” or “provider” means any person who provides an adult service.
(j) “Adult theater” means a theater, concert hall, auditorium or similar establishment, either indoor or outdoor in nature, which presents live entertainment, films, motion pictures, slide photographs, video cassettes or similar photographic reproductions which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical areas.
(k) “Body painting studio” means any establishment or business which provides the service of applying paint or any other substance, whether transparent or not, to or on the human body when such body is wholly or partially nude in the terms of specified anatomical areas.
(l) “Material relative to adult business” means and includes but is not limited to accessories, books, magazines, photographs, prints, drawings, paintings, motion pictures and pamphlets or any combination thereof.
(m) “Specified anatomical areas” means and includes any of the following:
(1) Less than complete and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point above the top of the areola; or
(2) Human male genitals in a state of sexual stimulation or arousal or in a discernible turgid state, even if completely or opaquely covered.
(n) “Specified sexual activities” means and includes any of the following:
(1) The fondling or touching of human genitals, pubic regions, buttocks, anus, or female breasts; or
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or
(3) Masturbation, actual or simulated; or
(4) Excretory functions as part of, or in connection with, any of the activities set forth in Subsections (1) through (3) of this Section; or
(5) Human genitals in a state of sexual stimulation or arousal.
(20-12/91 § 11.02.002) (Am. Ord. 93U, passed 11-3-2004)