17.69.020 Definitions.
It is the purpose of this section, together with its subsections, to provide clear and concise definitions of those words, terms and phrases most commonly utilized in the regulations and provisions of this chapter, in order to assist in the uniform interpretation of those regulations and provisions and to ensure uniformity in their application. The following terms shall have the definitions ascribed below:
A. “Adult bookstore” means any establishment, which as a regular and substantial course of conduct, displays and/or distributes sexually-oriented material and sexually-oriented merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, slides, films, or other written, oral or visual representations which are distinguished or characterized by an emphasis on a matter depicting, describing or relating to specified sexual activities or specified anatomical parts.
B. “Adult cabaret” means a nightclub, bar, lounge, restaurant or similar establishment or concern which features as a regular and substantial course of conduct, any type of live entertainment, films, motion pictures, videos, slides, other photographic reproductions, or other oral, written, or visual representations which are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.
C. “Adult hotel/motel” means a hotel or motel, which as a regular and substantial course of conduct provides to its patrons, through the provision of rooms equipped with closed-circuit television or other medium, material which is distinguished or characterized by the emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts and which rents, leases, or lets any room for less than a twelve-hour period and/or rents, leases or lets any room more than once in a twenty-four-hour period and which advertises the availability of any of the above.
D. “Adult model studio” means any premises where as a regular and substantial course of conduct, there is furnished, provided or procured a figure model or models who pose in any manner which is characterized by its emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts for the purpose of being observed or viewed by any person or being sketched, painted, drawn, sculptured, photographed, filmed, or videotaped before any person who pays a fee, or any other thing of value, as a consideration, compensation, or gratuity for the right or opportunity to so observe the model or remain on the premises. Adult model studio shall not include any live art class or any studio or classroom which is operated by any public agency, or any private educational institution authorized to issue and confer a diploma or degree under Section 94300 et seq. of the Education Code.
E. “Adult motion picture arcade” means any business establishment or concern which as a regular and substantial course of conduct provides, for a fee, the use of manually or electronically controlled still, motion picture or video machines, projectors, computer generated or displayed images or other image producing devices which serve less than 5 persons at any one time and are maintained to display images distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts [machines, devices or other contraptions].
F. “Adult entertainment business” means any business establishment or concern which as a regular and substantial course of conduct performs as an adult bookstore, adult theater, adult motion picture arcade, adult cabaret, stripper, adult model studio, adult motel/hotel; or any other business establishment or concern which as a regular and substantial course of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts. “Adult entertainment business” does not include those uses or activities, the regulation of which is preempted by state law. “Adult entertainment business” shall also include any business establishment or concern which, as a regular and substantial course of conduct provides or allows performers, models, actors, actresses, or employees to appear in any place in lingerie or similar attire which does not opaquely cover specified anatomical parts. For the purposes of this section, a business establishment or concern has established the provision of products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts as a regular and substantial course of conduct when one or more of the following conditions exist:
1. The area devoted to sexually-oriented merchandise and/or sexually-oriented material exceeds more than twenty-five percent of the total display area or floor space area open to the public;
2. The business establishment or concern presents any type of live entertainment which is characterized by an emphasis on specified sexual activity or specified anatomical parts at least four times in any calendar month in any given year,
3. Twenty-five per cent of the businesses revenues are derived from the provisions of services or merchandise characterized by an emphasis on specified sexual activity or specified anatomical parts.
G. “Adult motion picture theater” means a business establishment or concern with one or more viewing rooms with the capacity for fifty or more persons which, as a regular and substantial course of conduct, presents for any form of consideration films, motion pictures, videos, slide photographs, computer generated or displayed images or other pictures or visual reproductions which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.
H. “Adult mini-motion picture theater” means a business establishment or concern with one or more viewing rooms with the capacity of more than five, but less that fifty persons, where, for any form of consideration, films, motions pictures, video cassettes, slides, computer generated or displayed images or similar graphic reproductions are shown and material whose dominant or predominant character and theme is the depiction of specified sexual activities or specified anatomical areas for observation is shown on any ten or more days in a thirty consecutive day period.
I. “Live art class” means any premises on which all of the following occur: there is conducted a program of instruction involving the drawing, photographing, or sculpting of live models exposing specified anatomical parts; instruction is offered in a series of at least two classes; the instruction is offered indoors; an instructor is present in the classroom while any participants are present; and pre-registration is required at least twenty-four hours in advance of participation in the class.
J. “Performer” means any dancer, model, entertainer, and/or other person who publicly performs any specified sexual activities or publicly display any specified anatomical part in adult entertainment businesses.
K. “Sexually-oriented material” means any element of sexually-oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, or other written, oral, or visual representation characterized by an emphasis on matter depicting, describing, or relating to specific sexual activities or specified anatomical parts. This definition also includes, but is not limited to sexual novelties depicting, designed or shaped as specified anatomical parts or which depict specific sexual activities.
L. “Sexually-oriented merchandise” means sexually-oriented implements and paraphernalia, such as, but not limited to: dildos, auto sucks, sexually-oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually-oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity.
M. “Specified anatomical parts” means:
1. Less than completely and opaquely covered human genitals; pubic region; buttocks; or female breast below a point immediately above the top of the areola; or
2. Exposed human male genitals or human male genitals in a discernibly turgid state, regardless of whether they are completely and opaquely covered.
N. “Specified sexual activities” means:
1. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual relationship, any of the following depicted sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerastia; or
2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or
3. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; 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, fondling or other sexually-oriented contact with an animal by a human being; or
7. Human excretion, urination, menstruation, vaginal or anal irrigation.
8. Striptease or any act involving the public removal of clothing to the point where specified anatomical parts are displayed; or the public appearance of any person in a state where specified anatomical parts displayed, or the public appearance of any person where specified anatomical parts are only covered by attire commonly referred to as pasties or a G-string, or any other opaque covering which does not expose the areola or nipples of the female breast, and while covering the natal cleft and pubic area covers less than one inch on either side of the entire length of the natal cleft and two inches across the pubic area. For the purposes of this definition, appearance in “public” shall include a situation when a single employee, agent or other non-patron of the adult entertainment business is in the presence of a single patron of the adult oriented business. (Ord. 4108 § 1, 2003; Ord. 3066 § 1, 1986; Ord. 2961 § 1, 1985)