For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
ADULT ORIENTED BUSINESS: Any one of the following:
Adult Arcade: An establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five (5) or fewer persons each, are used to show films, computer generated images, motion pictures, videocassettes, slides or other photographic reproductions thirty percent (30%) or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
Adult Bookstore: An establishment that has thirty percent (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 distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.
Adult Cabaret: A nightclub, restaurant or similar business establishment which: a) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or b) which regularly features persons who appear seminude; and/or c) shows films, computer generated images, motion pictures, videocassettes, slides or other photographic reproductions thirty percent (30%) or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
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 transmissions, films, computer generated images, motion pictures, videocassettes, slides or other photographic reproductions thirty percent (30%) or more of the number of which are distinguished or 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 (6) hour period, or rents, leases or lets any single room more than twice in a twenty four (24) hour period.
Adult Motion Picture Theater: A business establishment where, for any form of consideration, film, computer generated images, motion pictures, videocassettes, slides or similar photographic reproductions are shown, and thirty percent (30%) or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
Adult Theater: A theater, concert hall, auditorium, or similar establishment which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.
Modeling Studio: A business which provides, for 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, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. "Modeling studio" does not include schools maintained pursuant to standards set by the state board of education. "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".
ADULT ORIENTED BUSINESS OPERATOR (HEREINAFTER "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 oriented business or the conduct or activities occurring on the premises thereof.
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 oriented business.
BAR: Any commercial establishment licensed by the state department of alcoholic beverage control to serve any alcoholic beverages on the premises.
CHIEF OF POLICE: The chief of police of the city of Redlands or the authorized representatives thereof.
CHURCH: A structure which is used primarily for religious worship and related religious activities.
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.3rd 151 (1981).
ESTABLISHMENT OF AN ADULT ORIENTED BUSINESS: Means and includes any of the following:
A. The opening or commencement of any adult oriented business as a new business;
B. The conversion of an existing business, whether or not an adult oriented business, to any adult oriented business defined in this chapter;
C. The addition of any of the adult oriented businesses defined in this chapter to any other existing adult oriented business; or
D. The relocation of any such adult oriented business.
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 health officer of the county of San Bernardino or his/her duly authorized representative.
MASSAGE PARLOR: Any place where, for any form of consideration or gratuity massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a part of or in connection with "specified sexual activities", or where any person providing such treatment, manipulation or service related thereto, exposes "specified anatomical areas". The definition of a sexually oriented businesses or massage parlor shall not include the practice of massage in any licensed hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.
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 a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernible turgid state.
OPERATE AN ADULT ORIENTED BUSINESS: As used in this chapter "operate an adult oriented business" means 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 oriented business or activities within an adult oriented business.
PERMITTEE: The person to whom an adult oriented 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.
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 (2) or more occasions within a thirty (30) day period; three (3) or more occasions within a sixty (60) day period; or four (4) or more occasions within a one hundred eighty (180) day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.
SCHOOL: Any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those 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 vocation or professional institution of higher education, including a community or junior college, college or university.
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.
SEMINUDE MODEL STUDIO: Any place where a person, who appears seminude or displays "specified anatomical areas" is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.
SEXUAL ENCOUNTER ESTABLISHMENT: A business or commercial establishment that as one of its primary business purposes, offers for any form of consideration, a place where two (2) or more persons may congregate, associate, or consort for the purpose of "specified sexual activities" or the exposure of "specified anatomical areas" or activities when one or more of the persons is seminude. The definition of sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
SPECIFIED ANATOMICAL AREAS: Means and includes any of the following:
A. Less than completely and opaquely covered human genitals or pubic region; buttocks; and female breast below a point immediately above the top of the areola; and
B. Human male genitals in a discernible turgid state, even if completely and opaquely covered;
C. Any device, costume or covering that simulates any of the body parts included in subsection A or B of this definition.
SPECIFIED SEXUAL ACTIVITIES: Means and includes any of the following, whether performed directly or indirectly through clothing or other covering:
A. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast;
B. Sex acts, actual or simulated, including intercourse, oral copulation or sodomy;
C. Masturbation, actual or simulated;
D. Excretory functions, as part of or in connection with any of the other activities described in subsections A through C of this definition.
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS: An increase in the floor areas occupied by the business by more than fifteen percent (15%), as the floor areas exist on the effective date of this chapter. (Ord. 2345 § 1, 1997)