For the purpose of this chapter, unless the context clearly requires a different meaning, the words, terms and phrases set forth in this section have the meaning given them in this section.
(a) "Adult entertainment enterprise" means:
(1) Any business activity wherein is furnished for a fee or charge or other like consideration the opportunity to paint, feel, handle, touch, to be in the presence of, be entertained by the unclothed body or the unclothed portion of the body of another person, or be so painted, felt, handled, touched or observed by another person, or to observe, view or photograph any such activity, and shall include, but not be limited to the following business activities and activities similar thereto: nude encounter studios, adult or nude dance studios, adult or nude exhibitions, peep shows, nude wrestling centers, and adult or nude art or photograph studios. "Unclothed portion of the body" means a state of dress so as to expose the female breast below a point immediately above the top of the areola, male or female genitals, pubic areas, buttocks, or female breast with only the nipple and areola covered.
(2) Any business activity wherein a substantial part of the commercial operation consists of the sale or dissemination of paraphernalia and apparatus which aid or assist in the stimulation and/or performance of sexual activities.
(3) Adult theaters are included within the terms "adult entertainment enterprise" and "adult entertainment establishment." An "adult theater" is a commercial establishment in which for any form of consideration, films, motion pictures, video cassettes, video tapes, laser discs, slides, or similar photographic or electronic reproductions are regularly shown and which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas," or to which minors are not admitted, or with respect to which advertising for said pictures is contained in the adult theaters section of local newspapers, or in which sexual intercourse, oral copulation, masturbation, homosexual acts or other specified sexual activities are actually shown, or simulated.
(4) Adult book stores are within the terms "adult entertainment enterprise" and "adult entertainment establishment." "Adult book store" means any premises in which twenty percent or more of the titles offered or to which twenty percent or more of the actual display area of the store is devoted to merchandise, which books, magazines, periodicals or merchandise depict or describe specified sexual activity, or to which any of the advertising for such titles is made in the adult theaters section of local newspapers. This section does not apply to displays of up to ten periodicals in the premises in which sales of the same are incidental to other business.
(5) Adult arcades are included within the terms "adult entertainment enterprise" and "adult entertainment establishment." "Adult arcade" means any place to which the public is permitted or invited wherein coin-operated, currency operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, television sets, monitors, receivers, transmitters, video cassette 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."
(6) Adult video stores are included within the terms "adult entertainment enterprise" and "adult entertainment establishment." "Adult video store" means a commercial establishment which, as one of its principal business purposes (as evidenced by the fact that twenty percent or more of the articles or titles offered or to which twenty percent or more of the actual display area of the store is devoted, whichever is less), offers for sale or rental for any form of consideration any one or more of the following:
(A) Photographs, films, motion pictures, laser discs, video cassettes, video tapes or video reproductions, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or
(B) Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."
(7) Adult cabarets are included within the terms "adult entertainment enterprise" and "adult entertainment establishment." "Adult cabaret" means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(A) Persons who appear in a state of nudity; or
(B) Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
(C) 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."
(8) "Specified anatomical areas" mean human genitals in a state of sexual arousal.
(9) "Specified sexual activities" mean and include any of the following:
(A) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(B) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(C) Masturbation, actual or simulated; or
(D) Excretory functions as part of or in connection with any of the activities set forth in subsections (a)(9)(A) through (a)(9)(C) above.
(10) "Substantial enlargement of an adult entertainment enterprise" means the increase in floor area occupied by the business by more than ten percent, as the floor area exists on the effective date of the ordinance codified in this section.
(11) The following are specifically excluded from the meaning of the term "adult entertainment enterprise":
(A) Physicians, surgeons, chiropractors, osteopaths or physical therapists who are duly licensed to practice their respective professions in the state of California;
(B) Nurses registered under the laws of the state of California;
(C) Trainers of any amateur, semiprofessional or professional athlete, or athletic team;
(D) Barbers and beauticians who are duly licensed under the laws of the state of California;
(E) Any activity conducted or sponsored by any school district or other public agency; and
(F) Any activity conducted by a person pursuant to any license issued by the state of California or any agency thereof charged with the responsibility of licensing, prescribing standards for and supervising such activity or profession.
(b) "Adult entertainment establishment" means any establishment or place of business where any individual, firm, association, partnership, corporation, joint venture or combination of individuals engages in, conducts, operates, carries on or permits to be engaged in, conducted, operated or carried on any adult entertainment enterprise regardless of whether any other use is also conducted on the premises.
(c) "Employee" means every owner, partner, manager, supervisor and worker, whether paid or not, who renders personal services of any nature in the conduct of the adult entertainment enterprise.
(d) "License" means the business license to operate an adult entertainment establishment as required by this chapter.
(e) "Person" means any individual, firm, association, partnership, corporation, joint venture or combination of individuals.
(Ord. 3944 § 2, 1990: Ord. 2946 § 4 (part). 1976)