For the purpose of this chapter the words and phrases shall have the same meanings respectively ascribed to them by this section:
Adult-oriented businesses.“Adult-oriented businesses” means any one of the following:
1. Adult Arcade. The term “adult arcade” as used in this chapter, is 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 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.
2. “Adult bookstore,” “adult novelty store” or “adult video store” means a commercial establishment which, as a regular and substantial course of conduct, offers for sale or rental for any form of consideration any one or more of the following:
a. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, any material in digital format (including, but not limited to, compact disc (CD) or digital video disc (DVD)), slides, or other visual representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas;
b. Instruments, devices, or paraphernalia, except for clothing, which are designed for use in connection with specified sexual activities, or
c. Matter that, because of its sexually explicit nature, may, pursuant to state law, be offered only to persons over the age of 18 years.
3. Adult Cabaret. The term “adult cabaret” as used in this chapter, means a nightclub, restaurant, or similar business establishment which: (1) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (2) which regularly features persons who appear nude or semi-nude; and/or (3) shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions 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.
4. Adult Hotel/Motel. The term “adult hotel/motel” as used in this chapter, means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which, (1) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions 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 24-hour period.
5. Adult Motion Picture Theater. The term “adult motion picture theater” as used in this chapter, is a business establishment, not an adult arcade, where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and 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.
6. Adult Theater. The term “adult theater” as used in this chapter, means 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.
7. Modeling Studio. The term “modeling studio” as used in this chapter, means a business which 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 an individual artist or group of artists, and which does not provide, permit, or make available specified sexual activities.
Adult-oriented business operator.“Adult-oriented business operator” (hereinafter “operator”) means a person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an adult-oriented business or the conduct or activities occurring on the premises thereof.
Applicant.A person who is required to file an application for a permit under this chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an adultoriented business.
Church.The term “church” as used in this chapter is a structure or leased portion of a structure which is used primarily for religious worship and related religious activities.
Child or family-oriented business.The term “child or family-oriented business” means a business establishment which has as its primary clientele children or families with children, such as, but not limited to, toy stores, children’s clothing stores, family amusement arcades, or family recreation facilities.
Distinguished or characterized by an emphasis upon.As used in this chapter, the term “distinguished or characterized by an emphasis upon” shall mean and refer 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.3d 151 (1981).
Figure model.“Figure model” means any person who, for pecuniary compensation, consideration, hire or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed or otherwise depicted.
Health officer.That person designated by the city manager as the health officer of the City of Roseville.
Nudity or a state of nudity.“Nudity or a state of nudity” means the showing of the human male or female genitals, pubic area, or buttocks 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 areola.
Operate an adult-oriented business.As used in this article “operate an adult-oriented business” means the supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the conduct of activities of an adult-oriented business or activities within an adult-oriented business.
Permittee.“Permittee” means the person to whom an adult-oriented business permit is issued.
Person.Any individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability company or combination of the above in whatever form or character.
Police chief.The police chief of the City of Roseville or the authorized representatives thereof.
The phrase “regular and substantial course of conduct”shall be construed with reference to all relevant factors, including but not limited to the following:
1. The business devotes more than 30 percent of its retail inventory (not measured by the number of items but rather by the cost to the business owner of the inventory) to merchandise distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas.
2. The business devotes more than 30 percent of the retail floor area to merchandise that is distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas.
3. The retail value of merchandise that is distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas exceeds 30 percent of the total retail value of inventory offered in any of the following categories: (a) books, (b) magazines, (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) novelties and devices, and (e) on-premises viewing of images, films, and or videos.
4. Gross revenue derived from merchandise in any category set forth in subsection (N)(3) of this section exceeds 30 percent of the total gross revenue for the category.
There is a rebuttable presumption that a business constitutes an adult bookstore, adult novelty store or adult video store where the business (1) offers or advertises merchandise that is distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas as set forth in subsection (A)(2) of this section and (2) fails to make revenue and inventory related business records available to the city upon reasonable advance notice. |
Regularly features.The term “regularly features” with respect to an adult theater or adult cabaret means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two or more occasions within a 30-day period; three or more occasions within a 60-day period; or four or more occasions within a 180-day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.
School.The term “school” as used in this chapter, is an institution of learning for minors, whether public or private, offering a regular course of instruction, such as, but not limited to, those courses of study required by the
California Education Code, or any child or day care facility. 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.
Semi-nude.A 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.
Specified anatomical areas.As used herein, “specified anatomical areas” mean and include any of the following: less than completely and opaquely covered human:
1. Genitals or pubic region;
3. Female breast below a point immediately above the top of the areola.
Specified sexual activities.As used herein, “specified sexual activities” mean and include 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 breast;
2. Sex acts, actual or simulated, including intercourse, oral copulation, 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.
(Ord. 3601 § 2, 2000)