5.12.020  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” means any of the following:
      (1)   Adult Arcade. An “adult arcade” means any place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration, electronically, electrically, or mechanically controlled still or motion picture machines, projectors, computers, video or laser disc players, 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.
      (2)   Adult Bookstore, Adult Novelty Store or Adult Video Store. An “adult bookstore, “adult novelty store” or “adult video store” means an establishment which as a regular and substantial course of conduct offers for sale, rent, or viewing for any form of consideration either adult entertainment material, adult entertainment merchandise, or both.
   A commercial establishment may have other business purposes that do not involve the offering for sale or rental of adult entertainment material and/or adult entertainment merchandise and still be categorized as an adult bookstore, adult novelty store, or adult video 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 store so long as the establishment offers for sale, rent or viewing as a regular and substantial course of conduct either adult entertainment material, adult entertainment merchandise, or both.
      (3)   Adult Cabaret. An “adult cabaret” is an establishment that serves food or beverages and that, for any form of consideration, as a regular and substantial course of conduct presents:
         (A)   Persons who appear semi-nude; or
         (B)   Live performances which are characterized by specified sexual activities.
      (4)   Adult Model Studio. An “adult model studio” means a business which provides, for any pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration. “Adult model studio” does not include schools maintained pursuant to standards set by the State Board of Education. “Adult model studio” does not include a modeling studio as defined in Chapter 5.38 of this title if such modeling studio does not provide, permit, or make available the models for specified sexual activities.
      (5)   Adult Motel. An “adult motel” means a hotel, motel or similar commercial establishment which:
         (A)   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; or
         (B)   Offers a guest/sleeping room for rent for a period of time that is less than ten hours; or
         (C)   Rents, leases or lets any single guest/sleeping room more than twice in any twenty-four hour period;
         (D)   Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.
      (6)   Adult Motion Picture Theater. An “adult motion picture theater” is an establishment where, for any form of consideration, as a regular and substantial portion of conduct offers films, computer-generated images, motion pictures, video cassettes, slides, or other photographic reproductions to six or more persons which are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.
      (7)   Adult Theater. An “adult theater” is an establishment which regularly features persons who appear semi-nude, or presents live performances that are characterized by an emphasis upon specified sexual activities.
      (8)   Sexual Encounter Center. A “sexual encounter center” means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
         (A)   Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
         (B)   Activities between male and female persons and/or persons of the same sex when one or more of the persons is semi-nude.
      (9)   Any business or establishment that, for any form of consideration, as a regular and substantial portion 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.
   “Adult entertainment material” means any 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” means 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” means the dominant or essential theme of the object described by such phrase.
   “Director” means the community development director of the city of La Puente or the designee thereof.
   “Entertainer” means 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.
   “Nude,” “nudity” or a “state of nudity” means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or. the showing of the covered male genitals in a discernibly turgid state.
   “Owner” means the following: (1) the sole proprietor of an adult entertainment business; (2) any general partner of a partnership that owns and operates an adult entertainment business; (3) the owner of a controlling interest in a corporation that owns and operates an adult entertainment business; and (4) 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.
   “Park” means a park, playground, swimming pool, golf course or athletic field within the city which is under the control, operation or management of the city or other public agency.
   “Peace officer” shall have the meaning set forth in the California Penal Code.
   “Perform at an adult entertainment business” means to engage in or participate in any live performance at an adult entertainment business that either: (i) is characterized by an emphasis upon specified sexual activities; or (ii) features any semi-nude person.
   “Permittee” means the following: (1) for the purpose of Article 2 of this chapter, any person who has been issued an adult entertainment regulatory permit; (2) for the purpose of Article 3 of this chapter, any person who has been issued an adult entertainer permit; and (3) 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” means any individual, firm, business, partnership, corporation, cooperative, company, association, joint stock association, church, religious sect, religious denomination, society, organization, or league or any combination of the above in whatever form or character. “Person” shall include any trustee, receiver, assignee, agent, solicitor, or other similar representative thereof.
   “Regular and substantial course of conduct” and “regular and substantial portion of business” means that any of the following conditions exist:
      (1)   At least twenty percent 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.
      (2)   At least twenty percent 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.
      (3)   The business presents any type of entertainment, live or otherwise, characterized by an emphasis on specified sexual activities or featuring any nude or semi-nude person on any four or more separate days within any thirty day period.
      (4)   At least twenty percent of the gross receipts of the business are derived from the sale, trade, rental, display or presentation of services, products, materials or entertainment which is characterized by an emphasis on specified sexual activities or the exposure of specified anatomical areas.
   “Religious institution” means a structure which is used primarily for religious worship and related religious activities.
   “School” means: (i) any child- or day-care facility; and (ii) any institution of learning for minors, whether public or private, offering instruction in the courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college or university.
   “Semi-nude” means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.
   “Specified anatomical areas” means the following:
      (1)   Less than completely and opaquely covered human (i) genitals or pubic region; (ii) buttocks; and (iii) female breast below a point immediately above the top of the areola;
      (2)   Human male genitals in a discernibly turgid state, even if completely and opaquely covered;
      (3)   Any device, costume or covering that simulates any of the body parts included in subparagraphs (1) or (2) above.
   “Specified criminal activity” means any of the following offenses:
      (1)   Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography, public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault; molestation of a child; gambling; distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states or countries;
      (2)   For which:
         (A)   Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
         (B)   Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
         (C)   Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four-month period.
      (3)   The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.
   “Specified sexual activities” means the following, whether performed directly or indirectly through clothing or other covering:
      (1)   The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;
      (2)   Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;
      (3)   Masturbation, actual or simulated;
      (4)   Excretory functions as part of, or in connection with, any of the other activities described in subparagraphs (1) through (3) of this paragraph.
   “Substantially enlarged” means the increase in floor area occupied by an adult entertainment business by more than ten percent of its floor area as it existed at the time an adult entertainment regulatory permit was issued for the business.
(Ord. 788 § 3 (part), 1999)