For the purpose of this chapter, unless the context clearly indicates otherwise, the words, terms, and phrases shall have the following meanings:
ADULT ARCADE. An establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, 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 BOOKSTORE or ADULT VIDEO STORE. Any establishment which, as a regular and substantial course of conduct, displays and/or distributes adult merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, slides, films, or other written, oral or visual representations which are distinguished or characterized by an emphasis on a matter depicting, describing or relating to specified sexual activities or specified anatomical parts.
ADULT CABARET. A nightclub, bar, lounge, restaurant or similar establishment which features as a regular and substantial course of conduct any type of live entertainment, films, motion pictures, videos, slides, or other photographic reproductions or visual representations, which are characterized by an emphasis on the exposure, depiction or description of specified sexual activities or specified anatomical parts.
ADULT HOTEL/MOTEL. A hotel or motel which:
(1) Features as a regular and substantial course of conduct provides to its patrons through television, cable or satellite transmissions, films, motion pictures, video cassettes, slides, photographic reproductions or other medium, material which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts; and
(2) Rents, leases or lets any room for less than a six hour period or more than once in a 24-hour period.
ADULT MOTEL STUDIO. Any premise where there is furnished, provided or procured a figure model or models who pose for the purpose of being observed, viewed, sketched, painted, drawn, sculptured, photographed, filmed, video-taped, or similarly depicted by any person who pays a consideration or gratuity in any form for the right or opportunity to so depict or observe the figure model. ADULT MODEL STUDIO shall not include any live art class or any studio or classroom which is operated by any public agency, or any private educational institution authorized to issue and confer a diploma or degree under Cal. Educ. Code §§ 94300 et seq.
ADULT MOTION PICTURE THEATER. An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial 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-ORIENTED BUSINESS. Any establishment which as a regular or substantial course of conduct performs or operates as an adult bookstore, adult theater, adult motion picture arcade, adult cabaret, adult model studio, adult hotel/motel, or any other business establishment which as a regular and substantial course of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts. ADULT-ORIENTED BUSINESS does not include those uses or activities, the regulation of which is preempted by state law. ADULT-ORIENTED BUSINESS shall also include any establishment which, as a regular or substantial course of conduct, provides or allows performers, models, actors, actresses, or employees to appear in any place in lingerie or similar attire which does not opaquely cover specified anatomical parts.
ADULT THEATER. A theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
CLASS 2 LICENSE. A license issued by the City Council for the operation of an adult-oriented business.
INDIVIDUAL VIEWING AREA. Any area designed for occupancy of one person for the purpose of viewing performances, pictures, movies, videos or other presentations.
LICENSEE. The person or entity to whom a Class 2 license is issued.
PERSON. Person(s), firms, corporations, partnerships, associations, or any other forms of business organization or group(s).
PERSON WHO HAS ENGAGED IN DISQUALIFYING CONDUCT. A person who:
(1) Within the two years immediately preceding the date of filing of the application in question or the date of the revocation notice provided pursuant to § 121.13, has been convicted of any misdemeanor or felony offense which relates directly to the operation of an adult-oriented business;
(2) Within the two years immediately preceding the date of filing of the application in question or the date of the revocation notice provided pursuant to § 121.13, has been found to be maintaining a nuisance in connection with an adult-oriented business or has been subject to an injunction against the conducting or maintaining of a nuisance under any applicable laws, including Cal. Penal Code §§ 11225 et seq.;
(3) Within the two years immediately preceding the date of filing of the application in question or the date of the revocation notice provided pursuant to § 121.13, has been convicted of any offense or has been released from custody for an offense which is classified as an offense involving sexual crimes against children, sexual battery or abuse, rape, distribution of material harmful to minors, prostitution, pandering or lewd conduct, including, but not necessarily limited to, the violation of any crime requiring registration under Cal. Penal Code § 290.
QUALIFYING INTEREST. If the applicant is a corporation, each officer, director, and stockholder owning a minimum of 10% of the stock of the corporation; if the applicant is a partnership, each partner, including limited partners; if the applicant is some other form of business enterprise, all individuals owning a minimum of a 10% ownership interest therein.
REGULAR AND SUBSTANTIAL COURSE OF CONDUCT and REGULAR AND SUBSTANTIAL PORTION OF ITS BUSINESS. Any adult-oriented business where one or more of the following conditions exist:
(1) The area(s) devoted to the display of sexually oriented material or merchandise exceeds 15% of the total display area of the business. This section shall not apply to any video store or bookstore which physically separates sexually oriented material from non-sexually oriented material and does not advertise such sexually oriented material; or
(2) The business presents any type of live entertainment characterized by an emphasis on specified sexual activity or specified anatomical parts, or performers, models or employees appearing in public dressed only in lingerie, on any four or more separate days within any 12 month period; or
(3) At least 25% of the annual gross receipts (as defined by § 110.30) of the business are derived from the sale, trade, rental, display or presentation of services, products, sexually oriented material or merchandise, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. This section shall not apply to any video store or bookstore which physically separates sexually oriented material from non-sexually oriented material and does not advertise such sexually oriented material.
RELIGIOUS INSTITUTION. A structure which is used primarily for religious worship and related religious activities;
SCHOOL. Any child care facility, day care facility or a public or private institution of learning for minors, 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 any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college or university.
SEXUALLY-ORIENTED MATERIAL. Any element of sexually-oriented merchandise, or any books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, slides, films, or other written, oral or visual representations which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.
SEXUALLY-ORIENTED MERCHANDISE. Sexually-oriented implements and paraphernalia, such as, but not limited to: dildos, auto sucks, sexually-oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similarly sexually-oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity.
SPECIFIED ANATOMICAL PARTS shall mean:
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, or female breast below a point immediately above the top of the areola; or
(2) Human male genitals in a discernable turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES shall mean:
(1) Actual or simulated sex acts including intercourse, oral copulation, anal intercourse, oral or anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, anilingus, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pedophilia, piquerism, sodomy, or zooerastia; or
(2) Masturbation, actual or simulated; or
(3) Fondling or touching of nude human genitals, pubic region, buttocks, anus, or female breast; or
(4) Masochism, erotic or sexually-oriented torture, beating or the infliction of pain; or
(5) Erotic or lewd touching, fondling or other sexually-oriented contact with an animal by a human being; or
(6) Human excretion, urination, menstruation, vaginal or anal irrigation; or
(7) Striptease, or the removal of clothing; or
(8) The wearing of transparent or diaphanous clothing, including models dressed only in lingerie to the point where specified anatomical areas are exposed.
('65 Code, §§ 5-31.01, 9-3.3001) (Ord. 433-C.S., passed 9-6-94)