For the purposes of this chapter, the following words, items and phrases shall have the meanings given in this section:
Adult Arcade.A business establishment to which the public is allowed or invited, and image-producing devices, including, but not limited to, still or motion picture machines, projectors, videos, holograms, virtual reality devices, whether operated by mechanical, electronic or electrical means, are maintained to display images on a regular or substantial basis, where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.
Adult Bookstore/Adult Video Store/Adult Novelty Store.Any establishment which on a regular and substantial basis, sells or rents, offers for sale or rental, for any form of consideration, any one or more of the following:
1. Books, magazines, periodicals or other printed matter, or photographs, films, sculptures, motion pictures, videocassettes, slides or other visual representations, which are characterized by an emphasis on material depicting, describing or relating to specified sexual activities and/or specified anatomical areas.
2. Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities, including goods which are replicas of, or which simulate specified anatomical areas or specified sexual activities, and goods which are designed to be placed on or in specified anatomical areas.
Adult Cabaret.A nightclub, restaurant, or similar business establishment which on a regular and substantial basis:
1. Features live performances which are distinguished or characterized by an emphasis upon the display or description of specified anatomical areas or specified sexual activities; and/or
2. Features persons who appear semi-nude; and/or
3. Shows films, computer generated images, 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.
Adult Dance Studio.Any business or commercial establishment that provides for members of the public a partner for dance where the partner, or the dance, is distinguished or characterized by an emphasis on matter involving, depicting, describing or relating to specified sexual activities and/or specified anatomical areas.
Adult Entertainer.Any person who, with or without any compensation or other form of consideration, provides performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities and/or who appear semi-nude.
Adult Hotel/Motel.A hotel or motel or similar business establishment offering public accommodations for any form of consideration which on a regular and substantial basis that
1. Provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction, description, or relating to specified sexual activities or specified anatomical areas; and/or
2. Rents, leases, or lets any room for less than a ten-hour period, or rents, leases, or lets any single room more than twice in a twenty-four-hour period.
Adult Motion Picture Theater.A business establishment where, for any form of consideration, and on a regular and substantial basis shows films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
Adult Nude Modeling Studio.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. "Adult nude modeling studio" does not include schools maintained in compliance with standards set by the State Board of Education, or any classroom of any school licensed under state law to provide art education while classroom is being used in a manner consistent with the state license. "Adult nude 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 or Adult-Oriented Material.Sexual or sexual-oriented material or material depicting, describing or relating to specified anatomical areas and/or specified sexual activities.
Adult Tanning Salon.A business where patrons receive tanning services in groups of two or more and where patrons or employees of the establishment where a patron and an employee of the establishment are nude or expose specified anatomical areas. An adult tanning salon shall also include a business establishment where the employees are nude or expose specified anatomical areas for any form of consideration.
Adult Theater.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.
Adult-Oriented Businesses.Any business which is conducted for the patronage of adults and as to which minors are specifically excluded from patronage, either by law and/or by the operators of the business, and which is characterized by an emphasis on specified sexual activities and/or specified anatomical areas, or any other business or establishment that on a regular and substantial basis, offers its patrons entertainment or services which involve, depict, describe or relate to specified sexual activities and/or specified anatomical areas. "Adult-oriented business" also means and includes, but is not limited to, the following specific types of adult-oriented businesses: any adult arcade, adult bookstore/adult video store/adult novelty store, adult cabaret, adult dance studio, adult hotel/motel, adult motion picture theatre, adult theater, nude modeling studio, adult tanning salon and escort agency.
Advertise.Public notice or announcement of items or services through the use of newspaper, handbills, radio, television, or other means of public communication.
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 adult-oriented business, or an adult entertainer.
City Manager.The City of San Jacinto's City Manager or his or her authorized representatives.
Distinguished or Characterized by an Emphasis Upon.Refers to the dominant or essential theme of the object described by the phrase. For instance, when the phrase refers to performances "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the performances so described are those whose dominant or predominant character and theme are the depiction of the specified sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal.App.3 151 (1981).
Employee of an Adult-Oriented Business.A person who works or performs, as an employee or as an independent contractor, in and/or for an adult-oriented business, regardless of whether the person is paid a salary, wage, or other compensation by the business. Employee does not include a person exclusively on the premises undertaking repair or maintenance of the premises or equipment including the delivery of goods to the premises.
Escort Agency.A business which furnishes, offers to furnish, or advertises to furnish escorts, who are located on-premises, as one of its primary business purposes, for any form of consideration.
Escort.Any person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
Establishment of an Adult-Oriented Business.Shall mean and include any of the following:
1. The opening or commencement of any adult-oriented business as a new business;
2. The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business;
3. The addition of any of the adult-oriented business to any other existing adult-oriented business, or to another existing non-adult-oriented business, with or without expansion of the floor area;
4. The relocation of any adult-oriented business; and/or
5. The substantial enlargement of an existing adult-oriented business. For purposes of this chapter, "substantial enlargement" means an increase or expansion, over the lifetime of an adult-oriented business, of more than 10% or 100 square feet, whichever is less, in the portion of the floor area of the business which is devoted to products, services or entertainment with an emphasis on material depicting, describing or relating to specified anatomical areas and/or specified sexual activities.
Figure Model.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.
Live Entertainment.The performance, enactment, or execution of an action participated in by one or more persons, including, but not limited to a play, dramatization, pantomime, revue, modeling, burlesque, dance, recital, concert, vocal production, show, or disrobing, with or without music, band, or orchestra accompany.
Notice.Written notice given by personal service upon the addressee, or given by the United States mail, postage paid, addressed to the person to be notified at his or her last known address. Service of notice shall be effective upon the completion of personal service, or upon placing the notice in the custody of the United States Postal Service.
Nudity or a State of Nudity.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 areola, or the showing of the covered genitals in a discernable turgid state.
On-Premises/Off-Premises.On-premises means any business where the primary services or entertainment are provided at the location or locations that are the subject of the adult-oriented business permit. Off-premises means any business where the primary services or entertainment are provided at a location or locations other than the site where the subject business is located.
Operate an Adult-Oriented Business.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.
Park.A playground, swimming pool, athletic field, picnic area, or other open space area designated and/or designed for active and/or passive recreational use which is under the control, operation or management of the City or other public or nonprofit agency/entity.
Permittee.The person to whom a permit is issued in compliance with this chapter.
Person.Any individual, partnership, co-partnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.
Police Chief.The City of San Jacinto's Police Chief or his or her authorized representatives.
Private Viewing Area.An area or areas in an adult-oriented business of less than 150 square feet that is designed or used for purposes of viewing or watching a performance, picture, show, film, videotape, slide, movie, or other presentation.
Public Nudity.Nudity that occurs in a business open to the public, whether or not a fee is charged for admission to the business.
Religious Institution.A structure that is used primarily for religious worship and related religious activities, including, but not limited to a church, chapel or similar place of worship.
Residential Use or Zone.Single-family dwelling, duplex, townhouse, multi-family dwelling, or mixed residential/commercial development, and/or property which are zoned primarily for residential use.
School.Any child or day care facility (licensed or unlicensed) or any institution of learning for minors, whether public or private, offering instruction in those courses of study required by the
California Education Code and maintained in compliance with standards set by the State Board of Education, or any undergraduate or junior level college. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, undergraduate or junior college, or any special institution of education, including a probation resource center for minors, but it does not include a commercial, vocational or trade institution of higher education, or any graduate level university, or nonprofit research institution.
Semi-Nude.The showing of the male or female genitals or pubic region or the showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the 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.
Sex Supermarket/Sex Mini-Mall.The establishment of more than one-type of adult-oriented business or use within the same single building, or within the same commercial complex or center where each adult-oriented business is not located more than 150 feet from another adult-oriented business.
Sexual Encounter Establishment.A business or commercial enterprise that offers, for any form of consideration, a place where two or more persons may congregate, associate or consort in connection with specified sexual activities and/or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist or similar professional person licensed by the state engages in sexual therapy.
Sexual Material.Material depicting, describing or relating to specified anatomical areas and/or specified sexual activities.
Specified Anatomical Areas.Shall mean less than completely and opaquely covered human genitals, pubic region, buttocks, anus, and female breast below a point immediately above the top of the areola, and/or human male genitals in a discernible turgid state even if completely and opaquely covered.
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 intentional or erotic touching of specified anatomical areas;
2. Sex acts, actual or simulated, including coitus, masturbation, oral/anal copulation, bestiality, flagellation or torture in the context of a sexual relationship;
3. Sexual stimulation, arousal or tumescence of human genitals;
4. Ejaculation of human or animal semen, actual or simulated; or
5. Excretory functions, urination, vaginal or anal irrigation as part of or in connection with any of the other activities described in Subsections 1 through 4 of this definition.
Transfer of Ownership or Control of an Adult-Oriented Business.The sale, lease, or sublease of an adult-oriented business; the transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; and/or the establishment of a trust, gift, or other similar legal devise which transfers ownership or control of the business, except for transfer or other operation of law upon the death of a person possessing the ownership of control.
(Ord. 24-13, 10/1/2024)