"Adult"
means a person who has attained the age of at least 18 years.
"Adult artist-body painting studio"
means an establishment or business which provides the services
of applying paint or other substance to or on the human body when
such body is unclothed in any "specified anatomical area."
"Adult bookstore"
means an establishment having a substantial or significant
portion of its stock in trade, material which is distinguished or
characterized by its emphasis on matter depicting, describing or related
to specified sexual activity or specified anatomical areas.
"Adult cabaret"
means a nightclub, bar, theater, restaurant or similar establishment
which regularly features live performances which are distinguished
or characterized by an emphasis on specified sexual activities or
by exposure of specified anatomical areas and/or which regularly features
films, motion pictures, video cassettes, slides or other photographic
reproductions which are distinguished or characterized by an emphasis
upon the depiction or description of specified sexual activities or
specified anatomical areas for observation by patrons.
"Adult drive-in theater"
means an open lot or part thereof, with appurtenant facilities,
devoted primarily to the presentation of motion pictures, films, theatrical
productions and other forms of visual productions, for any form of
consideration, to persons in motor vehicles or on outdoor seats, and
presenting material distinguished or characterized by an emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas for observation by patrons.
"Adult hotel or motel"
means a hotel, motel or similar establishment offering public
accommodations for any form of consideration which provides patrons
with closed-circuit television transmissions, films, motion pictures,
video cassettes, slides or other pornographic reproductions which
are distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas for observation by patrons.
"Adult mini-motion picture theater"
means an establishment, with a capacity of 50 or more persons,
where, for any form of consideration, films, motion pictures, video
cassettes, slides or similar photographic reproductions are shown,
and in which a substantial portion of the total presentation time
is devoted to the showing of material which is distinguished or characterized
by an emphasis upon the depiction or description of specified sexual
activities or specified anatomical areas for observation by patrons.
This shall not mean a general motion picture theater as defined in
this section.
"Adult model studio"
means any establishment open to the public where, for any
form of consideration or gratuity, figure models who display specified
anatomical areas are provided to be observed, sketched, drawn, painted,
sculptured, photographed, or similarly depicted by persons, other
than the proprietor, paying such consideration or gratuity. This provision
shall not apply to any school of art which is operated by an individual,
firm, association, partnership, corporation, or institution which
meets the requirements established in the
Education Code of the State
of California for the issuance or conferring of, and is in fact authorized
thereunder to issue and confer, a diploma.
"Adult motion picture arcade"
means any place to which the public is permitted or invited
wherein coin or slug-operated or electronically, electrically or mechanically
controlled still or motion picture machines, projectors, or other
image-producing devices are maintained to show images to five or fewer
persons per machine at any one time, and where the images so displayed
are distinguished or characterized by an emphasis on depicting or
describing specified sexual activities or specified anatomical areas.
"Adult motion picture theater"
means an establishment, with a capacity of 50 or more persons,
where, for any form of consideration, films, motion pictures, video
cassettes, slides or similar photographic reproductions are shown,
and in which a substantial portion of the total presentation time
is devoted to the showing of material which is distinguished or characterized
by an emphasis upon the depiction or description of specified sexual
activities or specified anatomical areas for observation by patrons.
This shall not mean a general motion picture theater as defined in
this section.
"Adult theater"
means a theater, concert hall, auditorium or similar establishment,
either indoor or outdoor in nature, which for any form of consideration,
regularly features live performances which are distinguished or characterized
by an emphasis on specified sexual activities or by exposure of specified
anatomical areas for observation by patrons. This shall not mean a
legitimate theater as defined in this section.
"General motion picture theater"
means a building or part of a building intended to be used
for the specific purposes of presenting entertainment as defined herein,
or displaying motion pictures, slides or closed circuit television
pictures before an individual or assemblage of persons, whether such
assemblage be of a public, restricted or private nature, except a
home or private dwelling where no fee, by way of an admission charge,
is charged; provided, however, that any such presentations are not
distinguished or characterized by an emphasis on the depiction or
description of "specified sexual activities" or "specified anatomical
areas" in that any such depiction or description is only incidental
to the plot or story line.
"Legitimate or live theater"
means a theater, concert hall, auditorium or similar establishment
which, for any fee or consideration, regularly features live performances
which are not distinguished or characterized by an emphasis on the
depiction or description of "specified sexual activities" or "specified
anatomical areas" in that any such depiction or description is only
incidental to the primary purpose of the performance.
"Sexual encounter establishment"
means an establishment, other than a hotel, motel, or similar
establishment offering public accommodations, which, for any form
of consideration, provides a place where two or more persons may congregate,
associate, or consort in connection with specified sexual activities
or the exposure of specified anatomical areas. This definition does
not include an establishment where a medical practitioner, psychologist,
psychiatrist or similar professional person licensed by the state
engages in sexual therapy. For the purposes of these regulations,
sexual encounter establishment shall include massage or rap parlor
and other similar establishments.
"Specific anatomical areas"
means:
1.
Less than completely and opaquely covered human genitals, pubic
region, buttocks, anus, or female breasts below a point immediately
above the top of the areola; or
2.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
"Specified sexual activities"
means:
1.
The fondling or other touching of human genitals, pubic region,
buttocks, anus, or female breasts; or
2.
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, or sodomy; or
3.
Masturbation, actual or simulated; or
4.
Excretory functions as part of or in connection with any of
the activities set forth in subdivisions 1 through 3 of this subsection.
(Ord. 566 § 3, 2019)