In addition to any other definitions contained in this code, the following words and phrases shall, for the purpose of this chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended. Should any of the definitions be in conflict with any current provisions of this code, these definitions shall prevail.
ADULT ARCADE. A business establishment to which the public is permitted or invited and where coin, card or slug operated or electrically or mechanically controlled devices, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image-producing devices are maintained to show images on a regular or substantial basis, where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas. Such devices shall be referred to as adult arcade devices.
ADULT BOOTH/INDIVIDUAL VIEWING AREA. A partitioned or partially enclosed portion of an adult business used for any of the following purposes:
(1) Where a live or taped performance is presented or viewed, where the performances and/or images displayed or presented are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas; or
(2) Where adult arcade devices are located.
ADULT BUSINESS.
(1) A business establishment or concern that as a regular and substantial course of conduct operates as an adult retail store, adult motion picture theater, adult arcade, adult cabaret, adult motel or hotel, adult modeling studio; or
(2) A business establishment or concern which as a regular and substantial course of conduct offers, sells or distributes adult oriented material or sexually oriented merchandise, or which offers to its patrons materials, products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas but not including those uses or activities which are preempted by state law.
ADULT CABARET. A business establishment (whether or not serving alcoholic beverages) that features adult live entertainment.
ADULT CABARET DANCER. Any person who is an employee or independent contractor of an adult cabaret or adult business and who, with or without any compensation or other form of consideration, performs as a sexually oriented dancer, exotic dancer, stripper, go-go dancer or similar dancer whose performance on a regular and substantial basis focuses on or emphasizes the ADULT CABARET DANCER'S breasts, genitals, and/or buttocks, but does not involve exposure of specified anatomical areas or depicting or engaging in specified sexual activities. ADULT CABARET DANCER does not include a patron.
ADULT HOTEL/MOTEL. A HOTEL or MOTEL (as defined in this code) that is used for presenting on a regular and substantial basis images through closed circuit television, cable television, still or motion picture machines, projectors, videos,
holograms, virtual reality devices or other image- producing devices that are distinguished or characterized by the emphasis on matter depicting or describing or relating to specified sexual activities or specified anatomical areas.
ADULT LIVE ENTERTAINMENT. Any physical human body activity, whether performed or engaged in, alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which:
(1) The performer (including but not limited to topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar performers) exposes to public view, without opaque covering, specified anatomical areas; and/or
(2) The performance or physical human body activity depicts, describes, or relates to specified sexual activities whether or not the specified anatomical areas are covered.
ADULT MODELING STUDIO. A business establishment which provides for any form of consideration, the services of a live human model, who, for the purposes of sexual stimulation of patrons, displays specified anatomical areas to be observed, sketched, photographed, filmed, painted, sculpted, or otherwise depicted by persons paying for such services. ADULT MODELING STUDIO does not include schools maintained pursuant to standards set by the Board of Education of the State of California.
ADULT MOTION PICTURE THEATER. A business establishment, with or without a stage or proscenium, where, on a regular and substantial basis and for any form of consideration, material is presented through films, motion pictures, video cassettes, slides, laser disks, digital video disks, holograms, virtual reality devices, or similar electronically-generated reproductions that is characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT ORIENTED MATERIAL. Accessories, paraphernalia, books, magazines, laser disks, compact discs, digital video disks, photographs, prints, drawings, paintings, motion pictures, pamphlets, videos, slides, tapes, holograms or electronically generated images or devices including computer software, or any combination thereof that is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. ADULT ORIENTED MATERIAL shall include sexually oriented merchandise.
ADULT RETAIL STORE. A business establishment having as a regular and substantial portion of its stock in trade, adult oriented material.
ESTABLISHMENT OF AN ADULT BUSINESS. Any of the following:
(1) The opening or commencement of any adult business (as defined in this section) as a new business;
(2) The conversion of an existing business, whether or not an adult business, to any adult business;
(3) The addition of any adult business to any other existing adult business;
(4) The relocation of any adult business; or
(5) Physical changes that expand the square footage of an existing adult business by more than 10%.
OWNER/LICENSE HOLDER. Any of the following:
(1) The sole proprietor of an adult business;
(2) Any general partner of a partnership that owns and operates an adult business;
(3) The owner of a controlling interest in a corporation or limited liability company that owns and operates an adult business; or
(4) The person designated by the officers of a corporation or the members of a limited liability company to be the license holder for an adult business owned and operated by the corporation.
PERFORMER. A person who is an employee or independent contractor of an adult business or any other person who, with or without any compensation or other form of consideration, provides adult live entertainment for patrons of an adult business.
SEXUALLY ORIENTED MERCHANDISE. Sexually oriented implements, paraphernalia, or novelty items, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity or distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
SPECIFIED ANATOMICAL AREAS. Any of the following:
(1) Less than completely and opaquely covered, and/or simulated to be reasonably anatomically correct, even if completely and opaquely covered human:
(a) Genitals, pubic region;
(b) Buttocks, anus;
(c) Female breasts below a point immediately above the top of the areola; or
(2) Human male genitals in a discernibly turgid state, even if completely or opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Any of the following, irrespective of whether performed directly or indirectly through clothing or other covering:
(1) Human genitals in a state of sexual stimulation or arousal; and/or
(2) Acts of human masturbation, sexual stimulation or arousal; and/or
(3) Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; and/or
(4) Masochism, erotic or sexually oriented torture, beating, or the infliction of pain, or bondage and/or restraints; and/or
(5) Human excretion, urination, menstruation, vaginal or anal irrigation; and/or
(6) Fondling or other erotic touching of human genitals, pubic region, buttock, or female breasts.
(Ord. 976, passed 7-27-06; Am. Ord. 977, passed 8-10-06)