It is the purpose of this chapter to regulate sexually-oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the City. The provisions of this chapter have neither the purpose nor the effect of imposing a limitation or restriction on the content of any communicative materials, including sexually-oriented materials. Similarly, it is not the intent nor the effect of this chapter to restrict or deny access by adults to sexually-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually-oriented entertainment to their intended market. Neither is it the intent nor the effect of this chapter to condone or legitimize the distribution of obscene material.
(Ord. 3466 § 3, 2000)
For the purpose of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section:
"Applicant"
means 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 a sexually-oriented business.
Bar.
For the purposes of this chapter, a bar is defined as any commercial establishment licensed by the State Department of Alcoholic Beverage Control to serve any alcoholic beverages on the premises.
Distinguished or characterized by an emphasis upon.
As used in this chapter, the term "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, simulation, acting out of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction, simulation, acting out of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal.App.3d 151 (1981). "R" rated films are not subject to regulations by this chapter.
"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"
means the Health Officer of the City of Santa Rosa or his or her duly authorized representative.
"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 the showing of the covered male genitals in a discernibly turgid state.
Operate a sexually-oriented business.
As used in this chapter, "operate a sexually-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 a sexually-oriented business or activities within a sexually-oriented business.
"Performer"
means entertainer, dancer, model or other person who publicly performs specified sexual activities or publicly displays specified anatomical parts in sexually-oriented businesses. Performer includes any person who is an employee or independent contractor of the sexually-oriented business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of a sexually-oriented business.
"Permittee"
means the person to whom a sexually-oriented business regulatory permit or performer permit is issued.
"Person"
means any individual, partnership, copartnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.
"Police chief"
means the Police Chief of the City of Santa Rosa or the authorized representatives thereof.
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.
"Semi-nude or in a semi-nude condition"
means a state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast. This definition shall include the entire lower portion of the human female breast, but 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.
"Sexually-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, simulation, acting out of specified sexual activities or specified anatomical areas.
(2) 
Adult Bookstore.
The term "adult bookstore" as used in this chapter is an establishment that has 30 percent or more of its stock in 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 which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.
(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 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 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, simulation, acting out 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."
"Sexually-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 a sexually-oriented business or the conduct or activities occurring on the premises thereof.
Specified anatomical areas.
As used herein, "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; and (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;
(3) 
Any device, costume or covering that simulates any of the body parts included in subdivisions (1) or (2) of this subsection.
Specified sexual activities.
As used herein, "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 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 subdivisions (1) through (3) of this subsection.
Stock.
The term "stock" as used in this article shall be construed with reference with 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 the consumer retail value 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 on specified sexual activities or specified anatomical areas exceeds 30 percent of the total retail value of inventory offered in each 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) 
Annual gross revenue derived from merchandise in any category set forth in subdivision (3) of this subsection exceeds 30 percent of the total gross revenue for the category.
There is a rebuttable presumption that a business constitutes a sexually-oriented business 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 subdivision (3) of this subsection and (2) fails to make revenue and inventory related business records available to the City upon reasonable advance notice.
(Ord. 3466 § 3, 2000)
(A) 
It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the City of Santa Rosa, the operation of a sexually-oriented business unless the person first obtains and continues to maintain in full force and effect a permit from the City of Santa Rosa as herein required.
(B) 
It shall be unlawful for any persons to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in a sexually-oriented business unless the person first obtains and continues in full force and effect a permit from the City of Santa Rosa as herein required (sexually- oriented business performer permit).
(Ord. 3466 § 3, 2000)