For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:
"Adult business"means any of the following:
1. "Adult arcade."A commercial establishment that as a regular and substantial course of conduct shows, in one or more viewing rooms less than or equal to one hundred fifty square feet, movies or still images characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.
2. "Adult cabaret."A commercial establishment that, as a regular and substantial course of conduct, emphasizes and seeks, through one or more erotic dancers, to arouse or excite the patrons' sexual desires.
3. "Adult hotel/motel."A commercial establishment that offers public accommodations and that satisfies both of the following criteria:
a. As a regular and substantial course of conduct provides patrons with movies or still images characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.
Rents, leases, or lets any single room for either: (i) less than a six-hour period; or (ii) more than twice in a twenty-four-hour period.
4. "Adult merchandise store."A commercial establishment that as a regular and substantial course of conduct sells or rents adult merchandise.
5. "Adult modeling studio."A commercial establishment that, as a regular and substantial course of conduct, emphasizes and seeks, through one or more figure models, to arouse or excite the patrons' sexual desires. "Adult modeling studio" does not include schools maintained pursuant to standards set by the California State Board of Education. "Adult modeling studio" also does not include a studio or similar facility that both: (a) is owned, operated or maintained by an individual artist or group of artists; and (b) does not provide, permit or make available specified sexual activities.
6. "Adult motion picture theater."A commercial establishment that as a regular and substantial course of conduct shows, in one or more viewing rooms larger than one hundred fifty square feet, movies or still images characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.
"Adult merchandise"means any of the following:
1. An audio tape, book, magazine, movie or still picture characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.
Paraphernalia designed or marketed primarily for the stimulation of human genitals. This definition does not include birth control devices.
"Directly pay or give"means the placement of a gratuity by a patron on any portion of an erotic dancer's person or clothing.
"Erotic dancer"means a person who dances, poses, sings, walks, speaks, wrestles, simulates, pantomimes or otherwise performs or conducts any activity at an adult cabaret for any form of consideration, in order to arouse or excite the patrons' sexual desires.
"Figure model"means a person who poses in an adult modeling studio to be observed, sketched, painted, drawn, sculptured, photographed or otherwise depicted.
"Nude" or "nudity"means knowingly or intentionally:
1. Showing human genitals, pubic area, anus or cleft of the buttocks with less than a fully opaque covering;
Showing the female breast with less than a fully opaque covering of any part of the nipple;
Exposing any device, costume or covering that gives the appearance of or simulates the human genitals, pubic hair, natal cleft, perineum, anal region or pubic hair region; or
Exposing any device worn as a cover over the nipples and/or areola of the female breast, which device simulates and gives the realistic appearance of nipples and/or areola.
"Nuisance activity"means any of the following:
1. Disturbance of the peace;
Public drinking of alcoholic beverages or drunkenness;
Public urination or defecation.
"Owner"means any of the following:
1. The sole proprietor of an adult business.
A general partner of a partnership that owns and operates an adult business.
A controlling shareholder in a corporation that owns and operates an adult business.
A person designated by the officers of a corporation to be the permit holder for an adult business owned and operated by the corporation.
"Park"means a park, playground, public swimming pool, athletic field, nature trail, off-road bicycle trail, basketball or tennis courts, or similar recreational facility within the city which is under the control, operation or management of the city or any other public agency.
"Permittee"means any person who has been issued an adult business permit or an erotic dancer permit in accordance with this chapter.
"Regular and substantial course of conduct"means the existence of any of the following conditions:
1. At least thirty percent of the stock-in-trade is devoted to adult merchandise.
At least thirty percent of the total display area is devoted to adult merchandise.
At least thirty percent of the gross receipts of the business are derived from the sale or rental of adult merchandise.
On four or more days within a thirty-day period, the establishment presents one or more erotic dancers or figure models.
On four or more days within a thirty-day period, the establishment presents non-live entertainment that is characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.
"Religious institution"means a structure or building or portion thereof which is used for religious worship and related religious activities, including, but not limited to, a church, temple, mosque, or chapel.
"School"means any child care facility, or institution of learning for minors, whether public or private, which is maintained pursuant to standards set by the State Board of Education, or which offers instruction in those courses of study required by the
California Education Code. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education under the jurisdiction of the California Department of Education, and excludes a vocational or professional institution of higher education, including a community or junior college, college, or university.
means any of the following:
1. Less than completely and opaquely covered human genitals, pubic region, buttocks and nipple of the female breast.
Male genitals in a discernibly turgid state, even if completely and opaquely covered.
Any device, costume or covering that simulates any of the body parts included in subsections 1 or 2 above.
"Specified sexual activities"means any of the following, whether performed directly or indirectly through clothing or other covering:
1. The fondling of human genitals, pubic region, buttocks, anus or female breast;
Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;
Masturbation, actual or simulated;
Excretory functions as part of, or in connection with, any of the other activities described in subsections 1 through 3 above.
"Substantially enlarged"means an increase in floor area occupied by an adult business by more than ten percent of its floor area as it existed at the time an adult business permit was issued for the business.
(Ord. 1065 §2, 2005)