§ 13-130. Definitions

The following words and phrases shall, for the purposes of this article, be defined as follows, unless it is clearly apparent from the context that another meaning is intended.

Adult arcade. An establishment where, for any form of consideration, one (1) or more motion picture projectors, video cassette players, slide projectors or similar machines, for viewing by five (5) or fewer persons each, are used on a regular and substantial basis to show films, motion pictures, video cassettes, slides or other photographic reproductions characterized by an emphasis on material depicting, describing or relating to "specified sexual activities" and/or "specified anatomical areas";

Adult bookstore/novelty store. An establishment which on a regular and substantial basis sells or rents, or offers for sale or rental, for any form of consideration, of any one (1) or more of the following:

(a) Books, magazines, periodicals or other printed matter, or photographs, films, sculptures, motion pictures, video cassettes, 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;"

(b) Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities."

Adult cabaret. A nightclub, restaurant or similar establishment which, for any form of consideration, and on a regular and substantial basis, features live performances by topless and/or bottomless dancers, dance instructors, go-go dancers, exotic dancers, strippers or entertainers or similar performances characterized by an emphasis on "specified anatomical areas" and/or by "specified sexual activities."

Adult dance studio. Any business or establishment which 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 hotel or motel. A hotel or motel or similar business establishment offering public accommodations for any form of consideration which on a regular and substantial basis (1) provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis on material depicting, describing or relating to "specified sexual activities" and/or "specified anatomical areas;" and/or (2) rents, leases, or lets any room for less than a six (6) hour period, or rents, leases or lets any single room more than twice in a twenty-four (24) hour period.

Adult motion picture theater. An establishment where, for any form of consideration is used on a regular and substantial basis to show films, motion pictures, video cassettes, slides or similar photographic reproductions to more than five (5) persons, and where such material is characterized by an emphasis on material depicting, describing or relating to "specified sexual activities" and/or "specified anatomical areas."

Adult theater. A theater, concert hall, auditorium or similar establishment which, for any form of consideration, and on a regular and substantial basis, features live performances which are characterized by an emphasis on "specified anatomical areas" and/or "specified sexual activities."

Employee. A person who works or performs in a sexually-oriented business regardless of whether or not the person is paid a salary, wage or other compensation by the business.

Establishment. Establishment of a sexually-oriented business includes any of the following:

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

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

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

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

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.

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 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."

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 the showing of the covered genitals in a discernible turgid state.

Off-premises. Any business where the primary services or entertainment are provided at a location or locations other than the premises of the subject business.

Operate a sexually-oriented business. As used in this article, "operate a sexually-oriented business" means the supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the conduct of activities of a sexually-oriented business or activities within a sexually-oriented business.

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

Public park. A park, playground, swimming pool, beach, pier, athletic field, or similar recreational facility within the city which is under the control, operation or management of the city.

Regular and substantial basis. An activity or performance shall be deemed to be on a regular or substantial basis when it constitutes more than twenty-five (25) per cent of the total performance time, stock-in-trade, revenue, floor space, advertisement or similar element of the business. For purposes of this definition, revenue shall include gross revenue generated by the business, including revenue received by performers and others who work as independent contractors. For purposes of this definition, the floor space devoted to a regulated activity shall include all the area devoted to the activity, including but not limited to, display area, sales area, performance areas, viewing areas, dressing rooms, and all aisles and pathways between and within such areas.

Religious institution. A structure which is used primarily for religious worship and related religious activities within the city.

Residential use. Any lot located within the R1, R2-MD, R2-HD, R3, PDR-LD, PDR-MD, PDR-HD and PDR-NCM zones of the city.

School. Any child care facility, or an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special institution of education within the city, but it does not include vocational or professional institution of higher education, including a community or junior college, college or university.

Semi-nude. A state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola 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.

Sexual encounter establishment. An establishment, other than a hotel, motel or similar establishment offering public accommodations which, for any form of consideration, provides a place where two (2) 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, psychiatrist or similar professional person licensed by the state engages in sexual therapy.

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 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 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."

Specified anatomical areas. Includes any of the following:

(a) 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

(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

(c) Any device, costume or covering that simulates any of the body parts included in subsection (a) or (b) above.

Specified sexual activities. Includes any of the following:

(a) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;

(b) Sex acts, actual or simulated, including intercourse, oral copulation, anal intercourse, oral/anal copulation, bestiality, flagellation or torture in the context of a sexual relationship, and any of the following depicted sexually-oriented acts or conduct: anilingus, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty;

(c) Masturbation of human or animal, actual or simulated;

(d) Clearly depicted specified anatomical areas in a state of sexual arousal, stimulation or tumescence;

(e) Human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; and

(f) Excretory functions, urination, menstruation, vaginal or anal irrigation as part of or in connection with any of the activities described in subdivisions (a) through (e) of this subsection.

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."

Transfer of ownership or control of a sexually-oriented business. "Transfer of ownership or control of a sexually-oriented business" shall mean and include any of the following:

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

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

(c) 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.

(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-4, § 4, 2-2-98)