As used in this chapter, the terms identified by this section shall be ascribed the meanings indicated.
ADULT BOOKSTORE: An establishment whose primary business is to offer for sale any one or more of the following:
(A) Books, magazines, periodicals, or other printed matter, or photographs, films, motion picture, videocassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas", or
(B) Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities". This definition does not include a bona fide pharmacy.
ADULT HOTEL OR MOTEL: A hotel or motel or similar establishment offering public accommodations, for any form of consideration, which provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas".
ADULT MOTION PICTURE THEATER: An establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are shown and in which any portion of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas".
ADULT RELATED ESTABLISHMENT: A bathhouse, escort bureau, introductory service, massage establishment, outcall massage service, modeling studio or sexual encounter center, as defined by this chapter. "Adult related establishment" shall also include adult arcade, adult bookstore, adult motion picture theater, adult hotel or motel, adult theater or cabaret or any other business or establishment which has available or offers any patron, for pecuniary compensation, consideration, hire or reward, services or entertainment or activities which involve the display "specified anatomical areas", or in which "specified sexual activity" occurs.
ADULT THEATER: A theater, concert hall, auditorium or similar establishment which, for any form of consideration, features live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities".
BATHHOUSE: An establishment whose primary business is to provide, for pecuniary compensation, consideration, hire or reward, access to any kind of bath facility, including, but not limited to, showers, saunas and hot tubs.
CABARET: An establishment that serves food and/or alcoholic beverages and features live entertainment depicting "specified sexual activities" or "specified anatomical areas".
ESCORT SERVICES: In relation to escort services, the following terms shall be ascribed the following meanings:
Escort: A person who, for pecuniary compensation, consideration, hire or reward, either escorts or accompanies others to or about social affairs, entertainment or places of amusement, or keeps company with others about any place of public resort or within any private quarters.
Escort Bureau: An establishment which, for pecuniary compensation, consideration, hire or reward, furnishes or offers to furnish escorts.
ESTABLISHMENT: The "establishment" of an adult related establishment shall mean and include any of the following:
(A) The opening or commencement of any such establishment as a new business;
(B) The conversion of an existing business, whether or not an adult related establishment, or any of the adult related establishments defined herein;
(C) The addition of any of the adult related establishments defined herein to any other existing adult related establishment; and
(D) The relocation of any such establishment.
INTRODUCTORY SERVICE: A business which, for pecuniary compensation, consideration, hire or reward helps persons to meet or become acquainted with others for social purposes. For purposes of this section, "others" include personnel of the introductory service.
MASSAGE ESTABLISHMENT: An establishment where massage, alcoholic rub, fomentation, electric or magnetic treatment or similar treatment or manipulation of the human body is administered in exchange for any form of consideration for the purpose of providing any service during which time "specified anatomical areas" are displayed or "specified sexual activity" occurs.
MASSAGE TECHNICIAN: Any person who for pecuniary compensation, consideration, hire or reward, engages in the practice of massage.
MODELING SERVICES: In relation to modeling services, the following terms shall be ascribed the following meanings:
Figure Model: Any person who, for pecuniary compensation, consideration, hire or reward, poses to be observed, sketched, painted, drawn, sculpted, photographed or otherwise depicted.
Modeling Studio: An establishment which provides for pecuniary compensation, consideration, hire or reward, figure models who display "specific anatomical areas" to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons who pay such consideration.
OUTCALL SERVICE ACTIVITY: Any establishment or business which provides an outcall service which consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service during which time "specified anatomical areas" are displayed or "specified sexual activity" occurs.
PERSON: Includes any person, firm, partnership, association, corporation, company or organization of any kind.
PUBLIC PARK: A park, playground, swimming pool or athletic field within the city which is under the control, operation or management of the city parks and recreation department.
RELIGIOUS INSTITUTION: A building which is used primarily for religious worship and related religious activities.
SCHOOL: An institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the state board of education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school, or a special institution of learning under the jurisdiction of the state department of education, but it does not include a vocational or professional institution or an institution of higher education, including a community or junior college, college or university.
SEXUAL ENCOUNTER CENTER: An establishment which provides two (2) or more persons, for pecuniary compensation, consideration, hire or reward, with a place to assemble for the purpose of engaging in "specified sexual activities" or displaying specified anatomical areas". "Sexual encounter center" does not include hotels or motels.
SPECIFIED ANATOMICAL AREAS: Includes:
(A) Less than completely and opaquely covered: 1) human genitals or pubic regions; 2) buttocks; or 3) female breasts below a point immediately above the top of the areola; and
(B) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES: Includes the following:
(A) Actual or simulated intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical or stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship.
(B) Clearly depicted human genitals in a state of sexual stimulation, as arousal or tumescence; or
(C) Use of human or animal masturbation, sodomy, oral copulation, coitus, or ejaculation; or
(D) Fondling or touching of nude human genitals, pubic region, buttocks, or female breasts; or
(E) Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or
(F) Erotic or lewd touching, fondling or other contact with an animal by a human being; or
(G) Human excretion, urination, menstruation or vaginal or anal irrigation.
(H) Any of the following depicted sexually oriented acts or conduct: necrophilia, pederasty, pedophilia or zooerastia. (Ord. 1408, 11-25-1986)