For the purpose of this title, the following words and phrases shall have the meanings respectively ascribed to them by this chapter:
"Employee"means a person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business. For purpose of this chapter, "employee" includes independent contractors.
"Hearing officer"means a person selected by the City Attorney, or designee, who shall preside at the hearings authorized by this chapter and issue final decisions on the matters raised therein.
"Nude or semi-nude model studio"means any place where, for consideration, a person appearing nude or semi-nude or displaying specified anatomical areas is provided for the purposes of being observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted or represented as a regular and substantial course of conduct of the establishment. Classes taught by instructors licensed by the State of California on property licensed as educational facilities by the State of California are exempted from this definition.
"Semi-nude"means a state of undress in which clothing covers no more than the genitals, pubic region, and areola of the breast, as well as portions of the body covered by supporting straps or devices.
"Sexual encounter establishment"means any business or commercial establishment, that as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas or activities when one or more of the persons is nude or semi-nude. The definition of sexually oriented/adult businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the State engages in medically approved and recognized sexual therapy.
"Sexually oriented/adult bookstore"means any establishment, which as a regular and substantial portion of its business, displays and/or distributes sexually oriented/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. Alternatively, if a substantial portion of the stock in trade, revenue obtained from such matter or advertising is characterized by an emphasis on such matter it shall be considered a sexually oriented/adult bookstore.
"Sexually oriented/adult business"means any business establishment or concern, which as a regular and substantial course of conduct, performs or operates as a sexually oriented/adult book store, sexually oriented/adult theater, sexually oriented/adult motion picture arcade, sexually oriented/adult motel/hotel, sexually oriented/adult motion picture theater, nude or semi-nude model studio, sexual encounter establishment, or sells or distributes sexually oriented/adult merchandise, 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 matters 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. "Sexually oriented/adult business" shall also include any establishment which as a regular and substantial course of conduct allows performers, models, employees, or other persons to appear in any public place in lingerie or any similar garment which does not opaquely cover the nipples and/or areola of the female breast, the pubic region, and/or the natal cleft.
"Sexually oriented/adult cabaret"means a night club, bar, restaurant or similar establishment or concern which, as a regular and substantial course of conduct, features any type of live entertainment characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.
"Sexually oriented/adult hotel/motel"means a hotel or motel, which:
1. 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;
2. Rents, leases, or lets any room for less than a 10 hour period, or rents, leases or lets any single room more than twice in a 24 hour period.
"Sexually oriented/adult merchandise"means sexually oriented implements or paraphernalia, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and/or battery operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.
"Sexually oriented/adult motion picture arcade"means any business establishment or concern which, as a regular and substantial course of conduct, provides for the use of its customers any manually operated, coin or slug operated, or electrically or electronically operated or controlled still or motion picture or videotape 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.
"Sexually oriented/adult motion picture theater"means a business establishment or concern which, as a regular and substantial course of conduct, projects and presents motion pictures, videotape 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 anatomical parts or relating to specified sexual activities.
"Sexually oriented/adult theater"means a theater, concert hall, auditorium, or other similar establishment which, as a regular and substantial course of conduct, presents live performances which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.
"Specified anatomical parts"means:
1. Less than completely and opaquely covered human genitals; pubic hair; buttocks; natal cleft; perineum; anal region; pubic hair region; of female breast below a point immediately above the top of the areola; or
2. Human male genitals in a noticeably 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 sexually oriented acts or conduct, whether actual or simulated: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, 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 cleft, 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. 11-96; Ord. 21-98)