Adult-oriented merchandise.Any goods, products, commodities or other ware, including, but not limited to videos, CDs, DVDs, computer disks or other storage devices, magazines, books, pamphlets, posters, cards, periodicals, or nonclothing novelties which are distinguished or characterized by an emphasis upon the depiction, simulation, or acting out of specified sexual activities or specified anatomical areas.
Distinguished or characterized by an emphasis upon.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.
Establishment of a sexually-oriented business.A sexually-oriented business shall mean and include any of the following:
1. The opening or commencement of any sexually-oriented business as a new business;
2. The conversion of an existing business, whether or not a sexually-oriented business, to any sexually-oriented business defined herein;
3. The addition of any of the sexually-oriented businesses defined herein to any other existing sexually-oriented business; or
4. The relocation of any such sexually-oriented business.
Regularly features.A regular and substantial course of conduct. Live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical area or specified sexual activities which occur on four or more occasions within a thirty-day period; six or more occasions within a sixty-day period; or eight or more occasions within a one hundred eighty day period shall be deemed to be a regular and substantial course of conduct.
Residential Districts.Shall mean the R1, R2, R3, R4, OF, OP1, OPD, OP2, OP3, and OP4 Districts or any other district designated by the City Council as a residential district.
School.Any child care and early education facility or day care center, or an institution 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 includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, charter school, or any special institution of education or work training program for physically and mentally disabled adults, but does not include a vocational or professional institution of higher education, including a community or junior college, or college or university.
Sexually-oriented businesses.Sexually-oriented business shall mean any of the following:
1. Adult arcade.An establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by 5 or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction, simulation, or acting out of specified sexual activities or specified anatomical areas.
2. Adult cabaret.A nightclub, restaurant, or similar business establishment which:
a. Regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities;
b. Regularly features persons who appear semi-nude; or
c. Shows films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction, simulation, or acting out of specified sexual activities or specified anatomical areas.
3. Adult hotel/motel.A hotel or motel or similar business establishment offering public accommodations for any form of consideration which:
a. Provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction, simulation, or acting out of specified sexual activities or specified anatomical areas; and
b. 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 hour period.
4. Adult motion picture theater.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 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction, simulation, or acting out of specified sexual activities or specified anatomical areas.
6. Adult theater.A theater, concert hall, auditorium, or similar establishment which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.
Specified sexual activities.Specified Sexual Activities shall mean:
1. Human genitals in a state of sexual stimulation or arousal;
2. Sex acts, actual or simulated, including acts of masturbation, sexual intercourse, oral copulation, or sodomy;
3. Fondling or other erotic touching of human genitals, pubic region, buttock, anus, or female breasts; or
4. Excretory functions as part of or in connection with any of the other activities described in paragraphs (1) through (3) of this subsection.
Specified anatomical areas.Specified anatomical areas shall mean:
1. Less than completely and opaquely covered:
a. Human genitals, pubic region;
c. Female breast below a point immediately above the top of the areola; or
2. Human male genitals, less than completely and opaquely covered, or human male genitals in a discernibly turgid state, even if completely and opaquely covered.
3. Any device, costume, or covering that simulates any of the body parts included in paragraph (1) or (2) of this subsection.
Stock.Stock shall mean any of the following:
1. The business devotes thirty percent or more of the retail floor area to adult-oriented merchandise.
2. The business devotes thirty percent or more of its annual retail inventory (measured by the number of items or the consumer retail price of the inventory) to adult-oriented merchandise.
3. The retail value of merchandise that is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas is thirty percent or more of the total retail value of inventory offered in each of the following categories:
c. Video tapes or any material in digital format including, but not limited to, compact disc (CD) or digital video disc (DVD), for sale or rental;
d. Nonclothing novelties and devices; and
e. On-premises viewing of images, films and/or videos.
4. Annual gross revenue derived from adult-oriented merchandise is thirty percent or more of the total gross revenue.
5. There is a rebuttable presumption that a business constitutes a sexually-oriented business where the business:
a. Offers or advertises merchandise that is distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas; and
b. Fails to make revenue and inventory related business records available to the City upon reasonable advance notice.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)