For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ENTERTAINMENT BUSINESS OPERATOR. A person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an adult entertainment business or the conduct or activities occurring on the premises thereof.
ADULT ENTERTAINMENT BUSINESSES. Any one of the following.
1. ADULT ARCADE. An establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, videocassettes, slides or other photographic reproductions, 30% or more of the number of which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
2. ADULT BOOKSTORE. An establishment that has 30% or more of its stock in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, videocassettes, slides, tapes, records or other form of visual or audio representations which are characterized or distinguished by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.
3. ADULT CABARET. A nightclub, restaurant or similar business establishment which regularly features live performance, 30% or more of the number of which are characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities, or films, computer generated images, motion pictures, videocassettes, slides or other photographic reproductions, 30% or more of the number of which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
4. ADULT HOTEL/MOTEL. A hotel or motel or similar business establishment offering public accommodations for any form of consideration which:
(a) Provides patrons with closed circuit television transmission, film, computer generated images, motion pictures, videocassettes, slides or other photographic reproductions, 30% or more of the number of which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and
(b) Rents, leases or lets any room for less than a six-hour period, or rents, leases or lets any single room more than twice in a 24-hour period.
5. ADULT MOTION PICTURE THEATER. A business establishment where for any form of consideration, films, computer generated images, motion pictures, videocassettes, slides or similar photographic reproductions are shown, and 30% or more of the number of which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
6. ADULT THEATER. A theater, concert hall, auditorium or similar establishment which, for any form of consideration features live performances, 30% or more of the number of which are characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.
7. ESCORT BUREAU. A business which, for pecuniary compensation, consideration, hire or reward, furnishes or offers to furnish escorts.
8. MODELING STUDIO.
(a) A business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purpose of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration.
(b) MODELING STUDIO does not include schools maintained pursuant to standards set by the State Board of Education.
(c) MODELING STUDIO further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit or make available specified sexual activities.
APPLICANT. A person who is required to file an application for a permit under this chapter, including an individual owner, managing partner, officer of a corporation or any other operator, manager, employee or agent of an adult entertainment business.
BAR. Any commercial establishment licensed by the State Department of Alcoholic Beverage Control to serve any alcoholic beverages on the premises.
DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON. Means and refers to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal. App 3d 151 (1981).
ESCORT. A person who, for pecuniary compensation, monetary or other consideration, hire or reward:
1. Escorts or accompanies others to or about social affairs, entertainment or places of amusement;
2. Keeps company with others about any place or public resort or within any private quarters;
3. Who agrees or offers to privately model lingerie or to privately perform a striptease for another person; or
4. Who agrees to provide any service which is distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities.
FIGURE MODEL. Any person who, for pecuniary compensation, consideration, hire or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed or otherwise depicted.
HEALTH OFFICER. The Police Chief of the City of Livingston or his or her duly authorized representative.
NUDITY or A STATE OF NUDITY. The showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, the showing of the female breast with less than fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
OPERATING AN ADULT ENTERTAINMENT BUSINESS. The supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the conduct of activities of an adult entertainment business or activities within an adult entertainment business.
PERMITTEE. The person to whom an adult entertainment business permit is issued.
PERSON. Any individual, partnership, copartnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.
POLICE CHIEF. The Chief of Police of the City of Livingston or the authorized representatives thereof.
REGULARLY FEATURES. With respect to an adult theater or adult cabaret, means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two or more occasions within a 30-day period; three or more occasions within a 60-day period; or four or more occasions within a 180-day period shall, to the extent permitted by law, be deemed to be a regular and substantial course of conduct.
SEMINUDE. A state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.
SPECIFIED ANATOMICAL AREAS. Means and includes any of the following:
1. Less than completely and opaquely covered human:
(a) Genitals or pubic region;
(b) Buttocks; and
(c) 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.
SPECIFIED SEXUAL ACTIVITIES. Means and includes any of the following:
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; and
4. Excretory functions as part of or in connection with any of the other activities described in subsections 1. through 3. of this definition.
(Ord. 493, passed 4-18-2000)