18-16.020 Definitions.
For the purposes of this article the following terms shall be defined as follows:
ADULT ENTERTAINMENT BUSINESS shall mean those businesses as defined as follows:
1. ADULT BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STORE is an establishment with more than twenty-five (25%) percent of: (a) its floor area devoted to; or (b) stock-in-trade consisting of; or (c) gross revenues derived from and offering for sale for any form of consideration, any one (1) or more of the following:
(a) Books, magazines, periodicals or other printed matter, photographs, drawings, motion pictures, slides, films, tapes, video cassettes, records or other visual or audio representations which are characterized by an emphasis upon the depiction or description of “specified sexual activities” or “specified anatomical areas.”
(b) Instruments, devices or paraphernalia which are designed to be used in connection with “specified sexual activities”; or
(c) Goods which are replicas of or which simulate “specified anatomical areas,” or goods which are designed to be placed on or in “specified anatomical areas” or to be used in conjunction with “specified sexual activities.”
2. ADULT LIVE ENTERTAINMENT THEATER means any place, building, enclosure or structure, partially or entirely used for “live adult entertainment” performances or presentations characterized by an emphasis on depicting, exposing, displaying, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons or customers therein.
3. LIVE ADULT ENTERTAINMENT means any physical human body activity, whether performed or engaged in alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which the performer or performers expose to public view without opaque covering “specified anatomical areas” for entertainment value for any form of consideration.
4. ADULT MOTION PICTURE OR VIDEO ARCADE means any business wherein coin, paper, note or token operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to four (4) or fewer persons per machine, at any one (1) time and where the predominant character or theme of the images so displayed is distinguished or characterized by its emphasis on matter depicting or relating to “specified sexual activities” or “specified anatomical areas”.
5. ADULT MOTION PICTURE THEATER means any business, other than a hotel or motel which provides closed circuit viewing to each individual room as a secondary service to its motel customers, with the capacity for five (5) or more persons where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions in which the predominant character and theme is distinguished or characterized by its emphasis on matter depicting or relating to “specified sexual activities” or “specified anatomical areas” as defined in this section. This includes, without limitation, showing any such slides, motion pictures or videos by means of any video tape system which has a display, viewer, screen or a television set.
6. Exceptions. An “adult entertainment business” shall not include:
(a) Bona fide medical establishments operated by properly licensed and registered medical and psychological personnel with appropriate medical or professional credentials for the treatment of patients.
(b) Persons depicting “specified anatomical areas” in a modeling class operated:
(1) By a college, junior college or university supported entirely or partly by public revenue;
(2) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by public revenue; or
(3) In a structure operated either as a profit or not-for-profit facility:
(A) Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
(B) Where in order to participate in a class a student must enroll at least three (3) days in advance of the class.
(C) The practice of massage in compliance with Section 51030 et seq. of the California Government Code.
ESTABLISH shall mean and include any of the following:
1. The opening or commencement of any adult entertainment business as defined in this section; or
2. The conversion of an existing business, whether or not an adult entertainment business, to any adult entertainment business as defined in this section; or
3. The relocation of any adult entertainment business; or
4. The addition of any of the “adult entertainment businesses” defined herein to any other existing adult entertainment business.
OPERATE shall mean to own, lease (as lessor or lessee), rent (as landlord or tenant or as agent for the purpose of representing a principal in the management, rental or operation of the property of such principal), manage, conduct, direct or be employed in an adult entertainment business.
OPERATOR shall mean and include the owner, custodian, manager or person in charge of any adult entertainment business.
PARCEL OF LAND means any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit.
PERSON shall mean an individual, proprietorship, partnership, corporation, association or other legal entity.
RELIGIOUS INSTITUTION shall mean any church, synagogue, mosque, temple or building which is used primarily for religious worship, religious education incidental thereto and related religious activities.
RESIDENTIAL ZONE shall mean property which has a zoning designation of RR, LDR, MDR, HDR or such other residential zones as may be created by ordinance or a mobile home park as defined in this Code.
SCHOOL shall mean any public or private educational facility primarily attended by minors, including, but not limited to, large family day care homes, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, secondary schools, continuation schools and special education schools, and includes school grounds.
SENSITIVE USES shall include religious institutions, residential zones and schools.
SPECIFIED ANATOMICAL AREAS shall include the following:
1. Less than completely and opaquely covered human genitals, pubic region, buttock, anus, and/or the female breast below a point immediately above the top of the areola; and
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES shall include the following:
1. Actual or simulated sexual intercourse, oral copulation and intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of sexual relationship or the use of excretory functions in the context of a sexual relationship and any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellation, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or
2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or
3. Human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or
4. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or
5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or
6. Erotic or lewd touching, lewd fondling or other lewd contact with an animal by a human being; or
7. Human excretion, urination, menstruation, vaginal or anal irrigations. (Ord. #248-2020, S2 (Exh. A))