§ 9-448. Definitions

For the purpose of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section:

(a) Sexually-oriented business. A business which is conducted exclusively for the patronage of adults and as to which minors are specifically excluded from patronage, either by law and/or by the operators of such business, and which is characterized by an emphasis on "specified sexual activities" and/or "specified anatomical areas". "Sexually-oriented business" also means and includes any adult arcade, adult bookstore/novelty store, adult cabaret, adult dance studio, adult hotel or motel, adult motion picture theater, adult theater, sexual encounter establishment, modeling studio, and any other business or establishment as those terms are defined in section 13-130 of Title 13 of the City of Costa Mesa Municipal Code, and any business or establishment that offers its patrons entertainment or services which involve, depict, describe or relate to "specified sexual activities" and/or "specified anatomical areas" as defined in section 13-130 of Title 13

(b) Establishment. Includes any of the following:

(1) The opening or commencement of any such business as a new business;

(2) The conversion of an existing business, whether or not a sexually-oriented business, to any of the sexually-oriented businesses defined herein;

(3) The addition of any of the sexually-oriented businesses defined herein to any other existing sexually-oriented business; or

(4) The relocation of any such sexually-oriented business.

(c) 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 similarly depicted.

(d) 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 nipple or areola, or the showing of the covered male genitals in a discernible turgid state.

(e) Semi-nude. A state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola and nipple of the female breast, as well as portions of the body covered by supporting straps or devices. Semi-nude shall also include a person with partial clothing to include lingerie or similar clothing where "specified anatomical areas" are exposed.

(f) Person. Any individual, firm, association, partnership, corporation, joint venture, trust or combination of individuals or persons.

(g) Substantial enlargement. An increase, over the lifetime of the business, of more than ten (10) per cent or one hundred (100) square feet, whichever is less, in the portion of the floor area of a 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".

(h) Transfer of ownership or control of a sexually-oriented business. Includes any of the following;

(1) The sale, lease or sublease of the business; or

(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or

(3) The establishment of a trust, gift or other similar legal device which transfers ownership or control of the business, including the transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.

(i) Modeling studio. The term "modeling studio" as used in this chapter, means 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 by persons paying such consideration. "Modeling studio" does not include schools maintained pursuant to standards set by the state board of education. "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."

(j) Sexually-oriented business operator. "Sexually-oriented business operator" (hereinafter "operator") means a person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of a sexually-oriented business or the conduct or activities occurring on the premises thereof.

(k) Applicant. A person who is required to file an application for a license under this chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of a sexually-oriented business or a performer of a sexually-oriented business.

(l) Licensee. The person to whom a sexually-oriented business license or sexually-oriented business performer's license is issued.

(m) Police chief. The police chief of the City of Costa Mesa or the authorized representatives thereof.

(Ord. No. 98-11, § 5, 4-20-98)