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" means an establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions, thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
"Adult bookstore or adult video store" means an establishment that has a regular and substantial portion of its business in stocking books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records or other form of visual or audio representations, or of instruments, artificial devices or paraphernalia, that are distinguished or characterized by an emphasis upon the depiction, description, or use in connection with specified sexual activities and/or specified anatomical areas.
"Adult cabaret" means a nightclub, restaurant, or similar business establishment that: (1) regularly features live performances that are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (2) that regularly features persons who appear seminude; and/or (3) shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions, thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
"Adult hotel or motel" means a hotel or motel or similar business establishment offering public accommodations for any form of consideration that: (1) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions, thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (2) rents, leases, or lets any room for less than a six-hour period, or rents, leases, or lets any single room more than twice in a twenty-four (24) hour period.
"Adult motion picture theater" means a business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
"Adult-oriented business" means an adult theater, adult motion picture theater, adult cabaret, adult hotel or motel, adult arcade, or any other business or concern that regularly features or as a regular and substantial portion of its business offers to its patrons products, merchandise, services, or entertainment that 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-oriented business shall also include modeling studios, body painting studios and sexual encounter establishments.
"Adult theater" means a theater, concert hall, auditorium, or similar establishment that, for any form of consideration, regularly features live performances that are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.
"Body painting studio" means an establishment or business that provides the service of applying paint or other substance whether transparent or nontransparent to or on the human body when such body is nude or seminude.
"Church or religious institution" means a structure that is used primarily for religious worship and related religious activities.
"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. See Pringle v. City of Covina, 115 Cal.App.3 151 (1981).
"Establish an adult-oriented business" means and includes the following: (1) the opening or commencement of any adult-oriented business as a new business: (2) the conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business defined herein; (3) the addition of any of the adult-oriented businesses defined herein to any other existing adult-oriented business; or (4) the relocation of any such adult-oriented business.
"Modeling studio" means a business that provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. Modeling studio does not include schools maintained pursuant to standards set by the State Board of Education. Modeling studio further does not include a studio or similar facility owned, operated, or maintained by a facility owned, operated, or maintained by an individual artist or group of artists, and that does not provide, permit, or make available specified sexual activities.
"Nude, nudity or a state of nudity" means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage, with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernable turgid state.
"Person" means any individual, partnership, co-partnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.
"Regularly features or regular and substantial course of conduct" means 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 anatomical areas or specified sexual activities, or performers, models or employees appearing in public nude, seminude, or dressed only in lingerie, on any two or more occasions within a thirty (30) day period; three or more occasions within a sixty (60) day period; or four or more occasions within a one hundred eighty (180) day period.
"Regular and substantial portion of its business" means a business or concern in that: (1) the area(s) devoted to the display of adult material exceeds twenty (20) percent of the total display area of the business; or (2) at least twenty (20) percent of the average annual gross receipts of the business are derived from the sale, trade, rental, display or presentation of services, products, adult material, or entertainment that are distinguished or characterized by an emphasis upon matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. If the business is a new business, the gross receipts shall be calculated by considering the applicants estimated annual gross receipts for the first year of operation.
"School" means and includes any licensed child or day care facility, as well as any institutions of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or 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.
"Seminude" means state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices. This definition shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.
"Sexual encounter establishment" means any business, other than a hotel, motel or similar establishment, offering public accommodations that, for any form of consideration, provides a place where two or more persons may congregate, associate or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state of California engages in sexual therapy.
"Specified anatomical areas" means and includes any of the following: (1) less than completely and opaquely covered human (i) genitals or pubic region, (ii) buttocks, or (iii) female breast below a point immediately above the top of the areola; (2) human male genitals in a discernibly turgid-state, even if completely and opaquely covered; or (3) any device, costume or covering that simulates any of the body parts included in subdivisions (1) or (2) above.
"Specified sexual activities" means and includes any of the following, whether performed directly or indirectly through clothing or other covering: (1) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; (2) sex acts, actual or simulated, including intercourse, oral copulation, bestiality, or sodomy; (3) masturbation, actual or simulated; (4) excretory functions as part of or in connection with any of the other activities described in subdivision (1) through (3) of this subsection; (5) pedophilia or any other unlawful sex act; (6) striptease, burlesque, 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 exposed, or to the point of a state of nudity or seminudity. (Ord. 2017-01 (part), 2017: Ord. 9913 § 4 (part), 1999: Ord. 9811 § 3 (part), 1998)