"Adult bookstore"means any establishment, which as a regular and substantial portion of its business, displays and/or distributes adult merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, films or other visual representations which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical parts. See "adult business" for definition of the term "regular and substantial portion of its business."
"Adult business"means any business establishment or concern which as a regular and substantial course of conduct performs or operates as an adult bookstore, adult theater, adult motion picture arcade, adult cabaret, adult motel/hotel, or sells or distributes adult merchandise or adult material, 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 parts 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 in lingerie. As used in this chapter, the terms "regular and substantial course of conduct" and "regular and substantial portion of its business" means any adult business where one or more of the following conditions exist:
1. The area(s) devoted to the display of adult merchandise and/or adult material exceeds fifteen percent of the square footage of the total floor area of the business used for display purposes; or
2. The business or concern presents any type of live entertainment characterized by an emphasis on specified sexual activity or specified anatomical parts, or performers, models or employees appearing in public in lingerie on any four or more separate days for any period of time per day within any thirty-day period; or
3. At least fifty percent of the gross receipts of the business are derived from the sale, trade, display or presentation of services, products, or entertainment which are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.
"Adult cabaret"means a nightclub, bar, restaurant or similar establishment or concern which features any type of live entertainment characterized by its emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.
"Adult hotel/motel"means a hotel or motel, which: (i) as a regular and substantial course of conduct provides to its patrons, through the provision of rooms equipped with closed-circuit television, video recorders or players or other medium, material which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts; and/or (ii) rents, leases or lets any room for less than six-hour period, or rents, leases or lets any single room more than twice in a twenty-four hour period. See "adult business" for definition of the term "regular and substantial course of conduct."
"Adult material"means any adult merchandise, or any book, periodical, magazine, photograph drawing, sculpture, motion picture film, video tape recording, or other visual representation, characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical parts.
"Adult merchandise"means sex-oriented implements or paraphernalia, such as, but not limited to: dildos, auto sucks, sex-oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and/or battery operated vaginas, and similar sex-oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.
"Adult motion picture arcade"means any business establishment or concern containing any manually operated, coin or slug operated, or electrically or electronically operated or controlled, still or motion picture or video tape machines, projectors, players or other image producing devices that are maintained to display images to five or fewer persons per machine or per viewing room at any one time when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.
"Adult motion picture theater"means a business establishment or concern which projects and presents motion pictures, video tape recordings, slide photographs, or other motion or still pictures which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.
"Adult theater"means a theater, concert hall, auditorium or similar establishment which features live performances which are characterized by an emphasis on matter depicting, describing or relating to specified anatomical parts or by specified sexual activities.
"Business supervisor"means the director of licensing and code enforcement of the city of Hawthorne or his or her designee.
Owner or permit holder or permittee.For purposes of this chapter, "owner," "permit holder" or "permittee" means any of the following: (i) the sole proprietor of an adult business; or (ii) any general partner of a partnership which owns and operates an adult business; or (iii) the owner of a controlling interest in a corporation which owns and operates an adult business; or (iv) the person designated by the officers of a corporation to be the permit holder for an adult business owned and operated by the corporation.
"Specified anatomical parts"means:
1. Less than completely and opaquely covered human genitals; pubic hair; buttocks; natal cleft; perineum; anal region; pubic hair region; or female breast below a point immediately above the top of the areola; or
2. Human male genitals in a discernably turgid state, even if completely and opaquely covered.
"Specified sexual activities"means:
1. Actual or simulated: sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, masturbation, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual relationship; or any of the following depicted sexuallyoriented acts or conduct, whether actual or simulated: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, pedophilia, sapphism, urophilia, zooerastia, zoophilia; or
2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or
3. Use of human or animal ejaculation; or
4. Fondling or erotic or sexually-oriented touching of human genitals, pubic region, buttocks, natal left, anal region or female breast; or
5. Masochism; erotic or sexually-oriented torture, beating or the infliction of pain; or
6. Erotic or lewd touching, fondling, or other sexually-oriented contact with an animal by a human being; or
7. Human excretion, urination, menstruation, vaginal or anal irrigation; or
8. Striptease, or the removal of clothing, or the wearing of transparent or diaphanous clothing, including models appearing in lingerie, to the point where specified anatomical parts are exposed.
(Ord. 1573 § 1, 1994; Ord. 1903 § 1, 2007)