For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. An owner or operator, including any spouse of an individual owner, or any other entity required to submit any documentation for applying for a sexually oriented business license;
CABARET or THEATER, SEXUALLY ORIENTED. An establishment which provides or allows the provision of sexually oriented live entertainment to its customers or which holds itself out to the public as an establishment where sexually oriented live entertainment is available. Signs, advertisements or an establishment name including verbal or pictorial allusions to sexual stimulation or gratification or by references to "adult entertainment," "strippers," "showgirls," "exotic dancers," "gentleman's club," "XXX" or similar terms, shall be considered evidence that an establishment holds itself out to the public as an establishment where sexually oriented live entertainment is available.
CHIEF. The Chief of the City of Pleasanton Police Department or his or her designated agent.
CHILD CARE FACILITY. A building used as a day nursery, children's boarding home, child placing agency or other place for the care or custody of children under 15 years of age.
CUSTOMER. Any person who:
(1) Is allowed to enter a business in return for the payment of an admission fee or any other form of consideration or gratuity;
(2) Enters a business and purchases, rents, or otherwise partakes of any material, merchandise, goods, entertainment, or other services offered therein;
(3) Enters a business other than as an owner, employee, entertainer, vendor, service person, or delivery person; or
(4) Receives a service by a business regulated under this chapter.
DISPLAY. The act of exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a street, highway, or public sidewalk, or from the property of others or from any portion of the premises where items and material other than sexually oriented media are offered for sale or rent to the public.
EMPLOYEE. Any person who renders any service whatsoever for or to the customers of an establishment subject to this chapter or who works in or about an establishment subject to this chapter.
ENCOUNTER CENTER, SEXUALLY ORIENTED. A business or enterprise that, as one of its principal purposes, offers physical contact between two or more persons when one or more of the persons is nude or semi-nude or in a state of nudity or semi-nudity for the purpose of engaging in specified sexual activity or touching specified anatomical areas.
ENTERTAINER, SEXUALLY ORIENTED. A person who receives any type of remuneration or payment either directly or indirectly to provide entertainment to customers at a sexually oriented business. Entertainment may consist of dancing, singing, modeling, acting, other forms of performing, or individual conversations with customers.
ENTERTAINMENT, OFF-SITE SEXUALLY ORIENTED. Sexually oriented entertainment that is offered for consumption off the premises of an establishment. Off-site sexually oriented entertainment includes sexually oriented media stores and sexually oriented novelty stores.
ENTERTAINMENT, ON-SITE SEXUALLY ORIENTED. Sexually oriented entertainment that is offered to customers for their consumption while on the premises of the sexually oriented establishment, including dancing, singing, modeling, acting, other forms of performing, or individual conversations with customers, or viewing of sexually oriented media. Onsite sexually oriented entertainment does not include the perusal of sexually oriented media, or other merchandise covers for the purpose of purchase or rental. On-site sexually oriented entertainment includes sexually oriented cabarets or theaters, sexually oriented motion picture theaters, sexually oriented motion picture video viewing arcades, sexually oriented encounter centers, massage parlors, and sexually oriented modeling studios.
ENTERTAINMENT, SEXUALLY ORIENTED LIVE. Any of the following activities, when performed by a sexually oriented entertainer at a sexually oriented business: dancing, singing, talking, touching, modeling (including lingerie or photographic), gymnastics, acting, other forms of performing, or individual conversations with customers or sexually oriented media.
ESCORT. A person who is held out to the public to be available for hire for monetary consideration in the form of a fee, commission, or salary, and who for said consideration consorts with or accompanies or offers to consort with or accompany, another or others to or about social affairs, entertainments, or places of amusement or within any place of public resort or within any private quarters. For purposes of this chapter, ESCORT shall not include any person who would be understood by a reasonable person as providing babysitting services or working as an assisted living companion to the elderly, infirm, disabled, or handicapped, and shall further not include licensed health professionals.
ESCORT CUSTOMER. A customer or any person who contracts with or employs, or for monetary consideration, hires an escort, individually or through an escort service.
ESCORT, SEXUALLY ORIENTED. An escort who:
(1) Works for (either as an agent, employee, or independent contractor), or is referred to a customer by a sexually oriented escort service;
(2) Either advertises that sexual conduct will be provided or works for (either as an employee, agent, or independent contractor), or is referred to a customer by a sexually oriented escort service that so advertises; or
(3) Offers to provide or does provide acts of sexual conduct to an escort customer, or accepts an offer or solicitation to provide acts of sexual conduct for a fee from an escort customer or a prospective escort customer.
ESCORT SERVICE, SEXUALLY ORIENTED. An escort service that operates in any of the following manners:
(1) Collects money (whether paid in advance or paid after the promised proscribed act) for the promise of sexually oriented entertainment or specified sexual activities or prostitution services by its escorts;
(2) Employs or contracts with a sexually oriented escort, or refers or provides to a customer a sexually oriented escort;
(3) Engages in fraudulent, misleading, or deceptive advertising that is designed to make the prospective customer believe that sexually oriented entertainment or specified sexually activities or prostitution services will be provided;
(4) Uses as escorts persons known to have violated the law regarding prostitution, and refuses to cease the use of such a person;
(5) Operates a sexually oriented escort service as a call girl operation; or
(6) Advertises, solicits or offers that sexually oriented entertainment or specified sexual activities will be provided to a customer, or that such escorts will be provided, referred, or introduced to a customer.
ESTABLISHMENT. Any business regulated by this chapter.
GROSS FLOOR AREA. The total area of the building accessible or visible to the public, including showrooms, motion picture theaters, motion picture video viewing arcades, service areas, behind-counter areas, areas used for storage of sexually oriented media, restrooms (whether or not labeled public), stage areas, and aisles, hallways, and entryways serving such areas.
LICENSEE. The owner in whose name a license to operate a sexually oriented business has been issued.
MASSAGE. Touching, stroking, kneading, stretching, friction, percussion, and vibration, and includes holding, positioning, causing movement of the soft tissues and applying manual touch and pressure to the body (excluding an osseous tissue manipulation or adjustment).
MASSAGE PARLOR. Any business in which massages are offered as one of the business's primary services by a person who is not registered as a massage therapist under the State of Texas' Massage Therapy Registration Act or which provides massages by touching specified anatomical areas or engaging in specified sexual activities.
MASSAGE THERAPY. The profession in which a registered massage therapist applies massage techniques with the intent of positively affecting the health and well-being of the customer in accordance with the standards of the State of Texas' Massage Therapy Registration Act, Tex. Occupations Code, Ch. 455.
MASSAGE THERAPIST. A person who is registered under the State of Texas Massage Therapy Registration Act.
MEDIA. Anything printed or written, or any picture, drawing, photograph, motion picture, film, videotape production, or pictorial representation, or any electrical or electronic reproduction of anything that is or may be used as a means of communication. MEDIA includes but shall not necessarily be limited to books, newspapers, magazines, movies, videos, sound recordings, CD-ROMS, DVDs, other magnetic media, and undeveloped pictures.
MEDIA, SEXUALLY ORIENTED. Magazines, books, videotapes, movies, slides, CDs, DVDs, or other devices used to record computer images, or other media which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas."
MEDIA STORE, SEXUALLY ORIENTED. An establishment that rents and/or sells sexually oriented media, and that meets any of the following three tests:
(1) More than 40% of the gross floor area is devoted to sexually oriented media;
(2) More than 40% of the stock in trade consists of sexually oriented media: or
(3) The business advertises or holds itself out in any forum as a "XXX," "adult" or "sex" business, or otherwise as a sexually oriented business, other than sexually oriented media outlet, sexually oriented motion picture theater, or sexually oriented cabaret.
MODELING STUDIO, SEXUALLY ORIENTED. Any place where a person who appears nude or semi-nude or in a state of nudity or semi-nudity and is to be observed for purposes of sketching, drawing, painting, sculpturing, photographing, or similar depiction by other persons who pay money or any form of consideration, or an establishment or business that provides the services of live models modeling lingerie, bathing suits, or similar wear to individuals, couples, or small groups with the purpose or result of providing sexually oriented entertainment. Sexually oriented modeling studio shall not include a proprietary school licensed by the State of Texas or a college, junior college, or university supported entirely or in part by public taxation, a private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.
MOTEL, SEXUALLY ORIENTED. A hotel, motel, or similar commercial establishment that meets any of the following criteria:
(1) Provides as its main business accommodations to the public for any form of consideration for the purpose of viewing sexually oriented transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas;
(2) Marketed as or offered as "adult," "XXX," "couples," or "sexually oriented"; or
(3) Offers a sleeping room for a period of less than ten hours or allows a tenant or occupant to rent the room for a period of time less than ten hours.
MOTION PICTURE VIDEO VIEWING ARCADE, SEXUALLY ORIENTED. A building or portion of a building wherein coin-operated, slug-operated, or for any other form of consideration, electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images of specified sexual activities or specified anatomical areas.
MOTION PICTURE THEATER, SEXUALLY ORIENTED. A commercial theater establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are frequently shown that are characterized by the depiction or description of specified sexual activities or specified anatomical areas or that are marketed as or offered as "adult," "XXX," or sexually oriented. Frequently shown films, motion pictures, videocassettes, slides or other similar photographic reproductions as characterized herein do not include sexually oriented speech and expressions that take place inside the context of some larger form of expression, This definition does not include any type of facility that would meet the definition of a sexually oriented motion picture video viewing arcade.
MOTION PICTURE VIDEO VIEWING AREA, SEXUALLY ORIENTED. Any area designed, constructed, or used to hold or seat customers and is used for presenting motion pictures or viewing publications by any photographic, electronic, magnetic, digital, or other means or medium (including, but not limited to film, video or magnetic tape, laser disc, CD-ROMs, books, DVDs, magazines or periodicals) to show images of specified sexual activities or specified anatomical areas for observation by customers therein. This definition does not include any building that would meet the definition of a sexually oriented motion picture theater.
NOVELTY STORE, SEXUALLY ORIENTED. An establishment offering goods for sale or rent and that meets any of the following tests:
(1) It offers for sale items from any two of the following categories: sexually oriented media, lingerie, leather goods marketed or presented in a context to suggest their use for sadomasochistic practices, and the combination of such items constitute more than 10% of its stock in trade or occupies more than 10% of its floor area;
(2) More than 5% of its stock in trade consists of sexually oriented toys or novelties; or
(3) More than 5% of its gross floor area is devoted to the display of sexually oriented toys or novelties.
NUDITY or STATE OF NUDITY. The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft with less than fully opaque covering, or the showing of the covered male genitals in a discernibly turgid state.
OPERATOR. A person or entity designated by the owner to be responsible for the operation of a business regulated under this chapter at a particular location at a particular time, when the owner, proprietor, or other principal in the business is present, such person may be considered the OPERATOR.
OWNER. The individual owner of an establishment, or if the legal owner is a corporation, partnership, or limited liability company, the term shall include all general partners, any limited partner with a financial interest of 10% or more, all corporate officers and directors, and any shareholder or member with a financial interest of 10% or more. OWNER includes the spouse of any of the above individuals, as well as any lessee of the premises.
PERSON. An individual, firm, partnership, joint-venture, association, independent contractor, corporation (domestic or foreign), limited liability company, trust, estate, assignee, receiver or any other group or combination acting as a unit.
PLACE OF PUBLIC ASSEMBLY. An auditorium, civic center, city hall or courthouse.
PLACE OF WORSHIP. A building in which persons regularly assemble for worship, intended primarily for purposes connected with faith, or for propagating a particular form of belief.
PREMISES. The physical location at which a business operates. As used in this chapter, the term shall include all parts of that physical location, both interior and exterior, which are under the control of the subject business, through ownership, lease or other arrangement.
PRIMARY ENTERTAINMENT. Entertainment that characterizes the establishment, as determined (if necessary) from a pattern of advertising as well as actual performances.
PUBLIC PARK. A tract of land maintained by the federal, state, or a local government for the recreation and enjoyment of the general public.
RESIDENTIAL USE. A structure designed or intended for human habitation, including a single-family dwelling, duplex, townhouse unit or complex, apartment or multiple-family dwelling unit or complex, mobile home park, or recreational vehicle site.
SADOMASOCHISTIC PRACTICES. Flagellation or torture by or upon a person clothed or naked, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed or naked.
SCHOOL. Any public or private learning center, elementary school, secondary school, junior college, community college, university or other center for post-secondary education.
SEMI-NUDE or STATE OF SEMI-NUDITY. The showing of the female areola or nipple with less than fully opaque covering. Showing of any other part of the anatomy defined under nude or state of nudity shall constitute being nude or in a state of nudity.
SENSITIVE USE. A place of worship, school, public park, place of public assembly, residential use or child care facility.
SEXUALLY ORIENTED BUSINESS. Any of the following businesses: sexually oriented cabaret or theater, sexually oriented encounter center, massage parlor, sexually oriented media store, sexually oriented motel, sexually oriented motion picture theater, sexually oriented motion picture video viewing arcade, sexually oriented modeling studio, sexually oriented novelty store, or any other similar business establishment whose primary purpose is to offer sexually oriented entertainment or materials. This generic term does not describe a specific land use and shall not be considered a single use category for purposes of any applicable chapter, however, each such business shall be considered a separate business for purposes of licensing.
SEXUALLY ORIENTED BUSINESS LICENSE. Any license applied for under this chapter.
SEXUALLY ORIENTED TOYS or NOVELTIES. Instruments, devices, or paraphernalia either designed as representations of human genital organs or female breasts or designed or marketed primarily for use to stimulate human genital organs.
SPECIFIED ANATOMICAL AREA. Any of the following:
(1) Less than completely and opaquely covered human male or female genitals, pubic area, vulva, anus, or anal cleft or the human female areola or nipple; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED CRIMINAL ACT. Any sexual offense, prostitution, rape, statutory rape or other sexually related offense or as defined by criminal statutes in other states or by federal laws addressing similar or related offenses, or an offense as defined in the Tex. Penal Code, Ch. 21, 22, 25, and 43, or an offense involving controlled substances, illegal drugs or narcotics, or gambling as defined in federal or state laws in any of the states. SPECIFIED CRIMINAL ACT also includes any criminal attempt, conspiracy, or solicitation to commit any of the enumerated offenses.
SPECIFIED SEXUAL ACTIVITIES. Acts of human masturbation, sexual intercourse, or sodomy. SPECIFIED SEXUAL ACTIVITIES include, but are not limited to, the following: bestiality, erotic or sexual stimulation with objects or mechanical devices, acts of human analingus, cunnilingus, fellatio,
flagellation, masturbation, sadism, sadomasochism, sexual intercourse, sodomy, or any excretory functions as part of or in connection with any of the activities set forth above, with any person on the premises. This term shall include apparent sexual stimulation of another person's genitals, whether clothed or unclothed.
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS. The increase, in floor area occupied by the business by more than 20%, as the floor area existed on the effective date of this chapter.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS. Includes any of the following:
(1) The sale, lease, or sublease of the business;
(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(3) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of the law upon the death of the person possessing the ownership or control.
(Ord. 13-1094, passed 12-19-2013)