As used in this chapter, the following words and phrases shall have the meaning set forth below:
(A) Adult Businesses. An "adult business":
(1) (a) Is any business, where employees or patrons expose specified anatomical areas or engage in specified sexual activities, or any business which offers to its patrons services or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing or relating to specified sexual activities or specified anatomical areas. Adult businesses do not include bona fide medical establishments operated by properly licensed and registered medical personnel with appropriate medical credentials for the treatment of patients.
(b) In determining whether a use is an adult business, only conduct or activities which constitute a regular and substantial course of conduct or a use which has a majority of its floor area, stock-in-trade, or revenue derived from material characterized by an emphasis on matters depicting, exposing, describing, discussing or relating to specified sexual activities or specified anatomical areas shall be considered. Isolated instances of conduct or activities described in this section as characterizing an adult business shall not be considered except where such activities, taken together, constitute a regular and substantial course of conduct;
(2) Shall include, but shall not be limited to, the following:
(a) Adult Arcade. An "adult arcade" means any place to which the public is permitted or invited wherein coin-operated 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 or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
(b) Adult bookstore, novelty store, video/dvd store. "Adult bookstore, novelty store, video/dvd store," is an establishment which has as a substantial portion of its stock-in-trade, a majority of its floor area or revenue derived from and offering for sale for any form of consideration, any one or more of the following:
1. Books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video cassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description of specified anatomical areas;
2. Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities; or
3. Goods which are replicas of or which simulate, specified anatomical areas, or goods which are designed to be placed on or in specified anatomical areas, or to be used in conjunction with specified sexual activities to cause sexual excitement.
A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore, adult novelty store or adult/video/dvd store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore, adult novelty store or adult/video/dvd store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
(c) Adult Cabaret. An "adult cabaret" is a bar, nightclub or similar establishment which features dancers, strippers or similar entertainers who expose specified anatomical areas of their bodies.
(d) Adult Motel. An "adult motel" means a hotel, motel or similar commercial establishment which:
1. Offers accommodations to the public for any form of consideration; provides patrons with closed- circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions, videos or films, or
2. Offers a sleeping room for rent for a period of time that is less than ten hours, or
3. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.
(e) Adult Motion Picture Theater. An "adult motion picture theater" means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
(f) Adult Tanning Salon. An "adult tanning salon" or "parlor" shall mean a business establishment where patrons receive tanning services in groups of two or more and where patrons or employees of the establishment expose specified anatomical areas. Adult tanning salon or parlor shall also include a business establishment where a patron and an employee of the establishment are nude or expose specified anatomical areas. An adult tanning salon or parlor shall also include a business establishment where the employees thereof are nude or expose specified anatomical areas.
(g) Adult Theater. An "adult theater" is any place, building, enclosure, theater, concert hall, auditorium or structure, partially or entirely used for live performances or presentations, which place, building, enclosure, theater, concert hall, auditorium or structure is used for presenting matter characterized by an emphasis on depicting, exposing, describing or relating to specified sexual activities or specified anatomical areas, for observation by patrons therein. Such place shall also include an adult theater wherein persons are regularly featured appearing in a state of nudity, or which host on-going performances which are characterized by the exposure of specified sexual activities or specified anatomical areas.
(h) Employee. "Employee" means a person who performs any service on the premises of an adult business on a full-time, part-time or contract basis, whether or not the person is denominated as an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of the adult business. Employee does not include a person exclusively on the premises to conduct repair or maintenance for the premises or equipment on the premises or for the delivery of goods to the premises.
(i) Nude Model Studio. A "nude model studio" means any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be conversed with or be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons, for any form of consideration. Nude model studio shall not include any classroom of any school licensed under state law to provide art education, while such classroom is being used in a manner consistent with such state license.
(j) Sex Supermarket/Sex Mini-Mall. A "sex supermarket/sex mini-mall" means the establishment or operation of more than one type of adult business or use as defined in this title within the same building.
(k) Sexual Encounter Center. "Sexual encounter center" means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
1. Physical contact in the form of wrestling or tumbling between persons of the opposite sex, or
2. Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or is semi-nude.
(l) Reserved.
(m) Sexually Oriented Business or Adult Business. A "sexually oriented business" or “adult business” is any business not otherwise defined or provided for herein where employees or patrons expose specified anatomical areas or engage in or simulate specified sexual activities, or any business which offers to its patrons services or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing or relating to specified sexual activities or specified anatomical areas located, or proposed to be located, within the city.
(B) Appeal. Wherever the reference to an "appeal" being filed or available to be filed, such right of appeal shall also include the right to appeal administrative determinations made by the city manager/designee in accordance with the procedures established in this chapter.
(C) Person. "Person" means and includes person(s), firms, corporations, partnerships, associations or any other forms of business organization or group(s).
(D) Specified anatomical areas. "Specified anatomical areas" shall include any of the following human anatomical areas:
(1) Less than completely and opaquely covered genitals, pubic regions, buttocks, anuses or female breasts below a point immediately above the top of the areola; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(E) Specified sexual activities. "Specified sexual activities" includes all the following:
(1) The fondling or other erotic touching of the following human anatomical areas: genitals, pubic regions, buttocks, anuses or female breasts;
(2) Human sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
(3) Human masturbation, actual or simulated;
(4) The actual or simulated infliction of pain by one human upon another, or by an individual upon himself or herself, for the purpose of the sexual gratification or release of either individual, as a result of flagellation, beating, striking or touching of an erogenous zone, including without limitation, the thigh, genitals, buttock, pubic region, or, if such person is a female, a breast;
(5) Sexual intercourse, actual or simulated, between a human being and an animal; or
(6) Excretory functions as part of or in connection with any of the activities set forth in subsections (E)(1) through (5), above.
(F) Definitions. In addition to the terms defined above, the following words and phrases shall have the meaning as set forth below:
(1) Couch dance or couch dancing. The term "couch dance" or "couch dancing" means an employee of an adult business intentionally touching any patron while engaged in the display or exposure of any specified anatomical area or while simulating any specified sexual activity.
(2) Establishment. An "establishment" means and includes any of the following:
(a) The opening or commencement of any adult business as a new business;
(b) The conversion of an existing business, whether or not an adult business, to any adult business;
(c) The addition of any adult business to any other existing adult business or to another existing adult business, with or without expansion of floor area;
(d) The relocation of any adult business; or
(e) The expansion or enlargement of the premises by 10% or more of the existing floor area.
(3) Nudity or a state of nudity. "Nudity" or a "state of nudity" means the showing of the human male or female genitals, buttocks, pubic area, vulva, anus, anal cleft or the female breast with less than a fully opaque covering of any part of the areola.
(4) Private viewing area. "Private viewing area" means an area or areas in an adult business designed to accommodate no more than five or less patrons or customers for purposes of viewing or watching a performance, picture, show, film, videotape, slide, movie or other presentation. No private viewing areas shall be established, maintained or authorized, and there shall be no doors, curtains, stalls, or other enclosures creating a private viewing area.
(5) School. "School" means any public or private educational institution which is run by the state or a subdivision thereof or which is licensed by the state to offer pre-school, elementary or secondary academic instruction, including kindergartens, elementary schools, middle or junior high schools, and high schools. For purposes of this definition, Corona Pacific University shall also be considered a “school.”
(6) Semi-nude. "Semi-nude" means the showing of the male genitals or female breast below a horizontal line across the top of the areola at its highest point or the showing of a substantial portion of the male or female buttocks. This definition shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit or other wearing apparel provided the areola is not exposed in whole or in part.
(7) Specified criminal act. A "specific criminal act" also means "specified criminal acts" and includes sexual crimes against children; sexual abuse; rape; or crimes connected with another adult business including, but not limited to, the distribution of obscenity; convictions involving the distribution, display or sale of material harmful to minors; prostitution; or pandering. Specified criminal acts excludes those acts which are authorized or required to be kept confidential pursuant to Welfare and Institutions Code Sections 600 to 900.
(8) Straddle dance or straddle dancing. The term "straddle dance" or "straddle dancing" shall have the same meaning as "couch dance" or "couch dancing" as defined in subsection (F)(1) of this section.
(Ord. 2708 § 1, 2004.)