(A) One of the important purposes of the regulations set forth in this chapter is to discourage and to minimize the opportunity for criminal conduct. As such, nothing in this chapter shall permit or be interpreted to permit any use, conduct, and/or activity which is specifically prohibited under the following Penal Code sections:
(1) Receipt of money for placement of person for purposes of cohabitation, Cal. Penal Code § 266d;
(2) Purchase of person for purposes of prostitution or placement of person for immoral purposes, Cal. Penal Code § 266e;
(3) Sale of person for immoral purposes, Cal. Penal Code § 266f;
(4) Pimping, Cal. Penal Code § 266h;
(5) Pandering, Cal. Penal Code § 266i;
(6) Lewd or obscene conduct, Cal. Penal Code § 314;
(7) Houses of ill-fame, Cal. Penal Code § 315;
(8) Disorderly houses which disturb the immediate neighboring, Cal. Penal Code § 316;
(9) Places of prostitution, Cal. Penal Code § 317; and
(10) Places of prostitution; place of lewdness; place used as bathhouse permitting conduct capable of transmitting AIDS, Cal. Penal Code § 11225.
(B) Nothing in this chapter shall be interpreted to permit or permit any use, conduct and or activity which violates any federal, state or local law or regulation.
(C) A “sexual encounter establishment” is not a permitted use. For purposes of these regulations, a “sexual encounter establishment” means any 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 purposes of “specified sexual activities” when one or more of the persons of the establishment is in a “state of nudity” or where two or more persons may congregate, associate or consort for the purpose of the exposure of “specified anatomical areas” where one of the patrons of the establishment is in a “state of nudity” or “state of semi-nudity”. The definition of “sexual encounter establishment” shall not include an establishment where a medical practitioner, physiologist, psychiatrist or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
(1995 Code, § 5.88.010) (Ord. 01-1872, passed - -2001)