The purpose of this chapter, certain terms and words are defined as follows.
EMPLOYEE. A person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of the business.
ESTABLISHMENT. Any of the following:
(A) The opening or commencement of any such business as a new business;
(B) The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this chapter;
(C) The addition of any of the sexually oriented businesses defined in this chapter to any other existing sexually oriented business;
(D) The relocation of any such sexually oriented business; or
(E) The substantial enlargement of any such sexually oriented business.
NUDITY or STATE OF NUDITY.
(A) The appearance or display of human bare buttock, anus, male genitals, female genitals or the areola or nipple of the female breast; or
(B) A state of dress which fails to opaquely and fully cover a human buttock, anus, male or female genitals, pubic region or areola or nipple of the female breast.
OPERATOR. The owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.
PERMITTED or UNLICENSED PREMISES. Any premises that requires a license and/or permit and that is classified as a sexually oriented business.
PERMITTEE and/or LICENSEE. A person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
PERSON. An individual, proprietorship, partnership, corporation, association or other legal entity.
PUBLIC BUILDING REGULARLY FREQUENTED BY CHILDREN. Any building owned, leased or held by the United States, the state, the county, the city, any special district, school district
or any other agency or political subdivision of the state or the United States, which building is used as a library, community center, children’s center, or any other use having special attraction to children, or which building is often visited by children for social activities unaccompanied by their parents or other adult custodians.
PUBLIC PARK or RECREATION AREA. Public land which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space wilderness areas or similar public land within the city which is under the control, operation or management of the city park and recreation authorities.
RELIGIOUS INSTITUTION. Any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.
RESIDENTIAL DISTRICT. An area zoned for single-family homes, duplexes, town homes, multiple-family residences, mobile home parks or subdivisions, and recreational vehicle parks, as defined in the Tulare City Zoning title.
SCHOOL. Any public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities. SCHOOL includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.
SEMI-NUDE. A state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.
SEXUALLY ORIENTED BUSINESSES. Those businesses defined as follows:
(A) ADULT ARCADE. An establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors or similar machines, or other image producing machines, for viewing by five or fewer persons each, are
regularly available or used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”.
(B) ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE. A commercial establishment which:
(1) Has as a significant or substantial portion of its stock-in-trade;
(2) Derives a significant or substantial portion of its revenues;
(3) Devotes a significant or substantial portion of its interior floor or display space; or
(4) Devotes a significant or substantial portion of its business activities or employees time, or advertising, to the sale, rental or viewing for any form of consideration, of any one or more of the flowing:
(a) Books, magazines, periodicals or other printed matter, or photographs, films motion pictures, video cassettes, slides or other visual representations which are characterized by the depiction or description of “specified sexual activities: or “specified anatomical areas”;
(b) Instruments, devices or paraphernalia which are designed for use in connection with “specified sexual activities”; and
(c) An establishment may have other significant or substantial business purposes that do not involve the offering for sale, rental or viewing of materials, depicting or describing “specified sexual activities” or “specified anatomical areas”, and still be categorized as adult bookstore, adult novelty store or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its significant or substantial business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe “specified anatomical areas” or “specified sexual activities.”
(C) ADULT CABARET. A nightclub, bar, restaurant, “bottle club” or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:
(1) Persons who appear nude or in a state of nudity or semi-nude;
(2) Live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”; or
(3) Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”.
(D) ADULT MOTEL. A motel, hotel or similar commercial establishment which:
(1) Offers public accommodations, for any form of consideration, and which regularly provides or makes available to patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas” and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television;
(2) Offers a sleeping room for rent for a period of time less than ten hours; or
(3) Allows a tenant or occupant to rent or sub-rent the sleeping room for a time period of less than ten hours.
(E) ADULT MOTION PICTURE THEATER. A commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions depicting or describing “specified sexual activities” or “specified anatomical areas” are regularly shown for any form of consideration.
(F) ADULT THEATER. A theater, concert hall, auditorium or similar commercial establishment which, for any form or consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of “specified anatomical areas” or by “specified sexual activities.”
(G) 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 sexually oriented businesses shall not include the practice of massage or 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.
(H) NUDE MODEL STUDIO. Any place where a person, who appears in a state of nudity 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.
(I) REGULARLY FEATURES or REGULARLY SHOWN. With respect to an adult cabaret, adult theater or adult motion picture theater means at least three times within any 30-day period; or carried on as part of the business’s routine scheduling of events or activities and not so infrequently as to constitute a single, rare or unusual event or occurrence.
(J) SEXUAL ENCOUNTER ESTABLISH-MENT. A business or commercial establishment, that as one of its important business purposes, offers for any form of consideration, a place where two 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 in a state of nudity or semi-nude. 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.
(K) SIGNIFICANT OR SUBSTANTIAL PORTION. A percentage of its activities, space allocation, revenues, advertising targeting, stock in trade, floor or display space, business receipts, revenues or other business undertakings as to indicate to a reasonable person that the sexually oriented
portion of the business is one of its important activities, though not necessarily its only or even primary activity; for this purpose, evidence that 25% or more of its revenues are derived from such sexually oriented activities or materials, or that 25% or more of its interior floor space or display space is devoted to such sexually oriented activities or materials, or that 25% or more of its actual stock in trade regularly displayed and immediately available for use, rental, purchase, viewing or perusal is comprised of sexually oriented materials, all as defined in § 10.172.020 of this chapter shall be evidence that a “significant or substantial portion” of the business is devoted to such uses.
(L) Means an adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor, sexual encounter establishment, escort agency or nude model studio.
SPECIFIED ANATOMICAL AREAS. Any of the following:
(A) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or
(B) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Any of the following:
(A) The fondling or other intentional touching of buttocks for purpose of sexual arousal, or fondling or other intentional touching of human genitals, pubic region, anus, or female breasts;
(B) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation;
(C) Masturbation, actual or simulated;
(D) Human genitals in a state of sexual stimulation, arousal or tumescence; and
(E) Excretory functions as part of or in connection with any of the activities set forth in divisions (A) and (D) above.
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS. An increase in the floor areas occupied by the business as the floor areas existed on the affected date of this title.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS. Any of the following:
(A) The sale, lease or sublease of the business; and
(B) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means.
(1995 Code, § 10.172.020) (Ord. 00-1854, passed - -2000)