The following words and phrases shall, for the purposes of this Chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended:
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 (5) or fewer persons each, are used to show films, motion pictures, videocassettes, 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: An establishment which has a regular and substantial portion of its stock-in-trade business in any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs, films, sculptures, motion pictures, videocassettes, slides or other visual representations ("adult material") which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas".
ADULT BUSINESS: Any business establishment or concern which as a regular and substantial course of conduct performs or operates as an adult bookstore, or adult video store, adult theater, adult motion picture theater, adult cabaret, adult motel/hotel, adult arcade, or any other business or concern which as a regular and substantial portion of its business offers to its patrons products, merchandise, services or entertainment which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas but not including those uses or activities, the regulation of which is preempted by State law. "Adult business" shall also include any establishment which as a regular and substantial course of conduct provides or allows performers, models, or employees to appear in any public place dressed only in lingerie.
ADULT CABARET: A nightclub, restaurant or similar business establishment which features live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities" or films, motion pictures, videocassettes, 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 HOTEL/MOTEL: A hotel or motel or similar business establishment offering public accommodations for any form of consideration where one or more of the following conditions exist: a) at least twenty percent (20%) of the gross receipts of the hotel/motel sales from providing patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions are derived from circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas"; and/or 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 MATERIAL(S): Any book, magazine, newspaper, video recording, or other printed or written material or any picture, drawing, photograph, motion picture, other pictorial representation or any statue or other figure, or any recording, transcription, or mechanical, chemical, or electrical reproduction or any other articles, equipment, machines, or materials which are distinguished or characterized by an emphasis upon matter depicting, describing or relating to specified sexual activities or specified anatomical areas but not including those uses or activities, the regulation of which is preempted by State law.
ADULT MOTION PICTURE THEATER: A business establishment where, for any form of consideration, films, motion pictures, videocassettes, 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 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".
BAR OR TAVERN: A facility primarily devoted to the serving of alcoholic beverages for consumption by guests on the premises, in which the serving of food is incidental. "Bar or tavern" includes those facilities located within a hotel, motel, or other similar transient occupancy establishment.
CHILD DAYCARE FACILITY: A facility which provides nonmedical care to children under eighteen (18) years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty four (24) hour basis.
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. When the phrase refers to adult motel or hotel, the primary purpose of providing patrons with closed circuit television transmissions, films, computer generated images, motion pictures, videocassettes, slides or other photographic reproductions must be to provide adult material to patrons.
ESTABLISHMENT: Establishment of an adult business includes any of the following:
(A)The opening or commencement of any such business as a new business; or
(B)The conversion of an existing business, whether or not an adult business, to any of the adult businesses defined herein; or
(C)The addition of any of the adult businesses defined herein to any other existing adult business; or
(D)The relocation of any such adult business.
FAMILY DAYCARE HOME: A home which regularly provides care, protection, and supervision of twelve (12) or fewer children, in the provider's own home, for periods of less than twenty four (24) hours per day, while the parents or guardians are away, and includes the following:
(A)Large Family Daycare Home: A home, which provides family daycare to seven (7) to twelve (12) children, inclusive, including children under the age of ten (10) years who reside at the home, as defined in regulations.
(B)Small Family Daycare Home: A home, which provides family daycare to six (6) or fewer children, including children under the age of ten (10) years who reside at the home, as defined in regulations.
FIGURE MODEL: Any person who, for any form of consideration, poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed or otherwise depicted.
GROSS RECEIPTS: Means and includes the total amounts actually received or receivable from the sale, trade, rental, display or presentation of services, products, adult material or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
LIQUOR STORE: A commercial establishment devoted primarily to the retail sale of alcoholic beverages for consumption off- site.
MINOR: Any natural person under eighteen (18) years of age.
NIGHTCLUB: Any commercial establishment located in a building, room or structure that provides entertainment, alcoholic beverages and/or dining.
OWNER OR PERMIT HOLDER OR PERMITTEE: For purposes of this Chapter, shall mean any of the following:
(A) The sole proprietor of an adult business; or
(B) Any general partner of a partnership which owns and operates an adult business; or
(C) The owner of a controlling interest in a corporation which owns and operates an adult business; or
(D) The person designated by the officers of a corporation to be the permit holder for an adult business owned and operated by the corporation.
PERSON: Means and includes person(s), firms, corporations, partnerships, associations, or any other forms of business organization or group(s).
REGULAR AND SUBSTANTIAL COURSE OF CONDUCT AND REGULAR AND SUBSTANTIAL PORTION: Any adult business where one or more of the following conditions exist:
(A) The area(s) devoted to the display of adult material exceeds fifteen percent (15%) of the total display area of the business; or
(B) A business or concern, including an adult theater, adult cabaret, and adult motion picture theater, which presents any type of entertainment distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas, or performers, models or employees appearing in public nude, seminude, or dressed only in lingerie, on any two (2) or more separate days within a thirty (30) day period; three (3) or more separate days within a sixty (60) day period; or four (4) or more separate days within a one hundred eighty (180) day period; or
(C) At least twenty percent (20%) of the gross receipts of the business, in any three (3) month period, are derived from the sale, trade, rental, display or presentation of services, products, adult material, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
RELIGIOUS INSTITUTION OR CHURCH: A structure, which is used primarily for religious worship and related religious activities.
SCHOOL: Any childcare facility, or an institution of learning for minors, whether public or private, 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.
SPECIFIED ANATOMICAL AREAS: Includes any of the following:
(A) Human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areola; or
(B) Human male genitals in a discernibly turgid state even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES: Includes any of the following:
(A) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts; or
(B) Sex acts, actual or simulated, including intercourse, oral copulation or sodomy; or
(C) Masturbation, actual or simulated; or
(D) Excretory functions as part of or in connection with any of the activities described in subsections (A) through (C) of this definition; or
(E) Striptease, or the removal of clothing, or the wearing of transparent or diaphanous clothing, including models dressed only in lingerie to the point where specified anatomical areas are totally exposed, partially exposed or opaquely covered.
SUBSTANTIAL ENLARGEMENT: The increase in floor area occupied by the business, by more than ten percent (10%) as the floor area exists on the effective date of this Chapter.
TRANSFER OF OWNERSHIP OR CONTROL OF AN ADULT BUSINESS: Shall mean and include any of the following:
(A) The sale, lease or sublease of the business; or
(B) The transfer of securities which constitutes a controlling interest in the business, whether by sale, exchange or similar means; or
(C) The establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, including the transfer by bequest or other operation of law upon the death of a person possessing the ownership or control. (Ord. 99-9, 8-16-1999)