In addition to the terms defined in § 17.41.020, the following words and phrases shall have the meaning set forth below:
(A) Appeal. Wherever reference to an appeal being filed or available to be filed, such right of appeal shall also include the right to appeal administrative determinations concerning the interpretation of this chapter made by the city manager/designee to the planning commission and City Council.
(B) Establishment. An "establishment" means and includes any of the following:
(1) The opening or commencement of any adult business as a new business;
(2) The conversion of an existing business, whether or not an adult business, to any adult business;
(3) The addition of any adult business to any other existing adult business; or to another existing non-adult business, with or without expansion of floor area;
(4) The relocation of any adult business; or
(5) The expansion or enlargement of the premises by 10% or more of the existing floor area.
(C) 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.
(D) 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.
(E) 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.
(F) 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
(G) Specified Criminal Act. A "specified 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; violations involving the distribution, display or sale of material harmful to minors; prostitution; or pandering. Specified criminal acts shall exclude those acts which are authorized or required to be kept confidential pursuant to Welfare and Institutions Code Sections 600-900.
(Ord. 2708 § 4, 2004.)