§ 118.02  DEFINITIONS.
   For the purpose of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section.
   ADULT ENTERTAINMENT BUSINESSES.   Shall include any one of the following:
      (1)   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 or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions, 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.
      (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, video cassettes, 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.
      (3)   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)   Shows films, computer generated images, motion pictures, video cassettes, slides, or other photograph reproductions, 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.
      (4)   ADULT ENTERTAINMENT BUSINESS PERFORMER.   A person engaging in or participating in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult entertainment business.
      (5)   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, video cassettes, slides, or other photographic reproductions, 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 area; and
         (b)   Rents, leases, or lets any room for less than a 6-hour period, or rents, leases, or lets any single room more than twice in a 24-hour period.
      (6)   ADULT MOTION PICTURE THEATER.   A business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and 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.
      (7)   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.
      (8)   ESCORT BUREAU.   A business which, for pecuniary compensation, consideration, hire, or reward, furnishes or offers to furnish escorts.
      (9)   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 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.
   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.   Shall mean and refer to the dominant or essential theme of the object described by this 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; or
      (2)   Keeps company with others about any place or public resort or within any private quarters; or
      (3)   Agrees or offers to privately model lingerie or to privately perform a striptease for another person; or
      (4)   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 Health Officer/Director of Environmental Resource of Stanislaus County, or authorized representative.
   NUDITY or 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 discernibly turgid state.
   OPERATE 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, co-partnership, 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 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.
   SEMI-NUDE.   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.
   SHERIFF'S COMMANDER.   The Chief Law Enforcement officer assigned to the Riverbank Substation of the Stanislaus County Sheriff's Department.
   SPECIFIED ANATOMICAL AREAS.   Shall mean and include any of the following:
      (1)   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
      (2)   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
      (3)   Any device, costume, or covering that simulates any of the body parts included in (1) or (2) above.
   SPECIFIED SEXUAL ACTIVITIES.   Shall mean and include any of the following, whether performed directly or indirectly through clothing or other covering:
      (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;
      (4)   Excretory functions as part of or in connection with any of the other activities described in (1) through (3) above.
(Ord. 2000-07, passed 6-26-00)