Whenever used in this chapter, unless a different meaning clearly appears from the context, the words set forth in this section shall have the following meanings:
A. “Adult entertainment business” and “business” means any adult bookstore, adult motion picture arcade, adult mini-motion picture theater, adult motion picture theater or adult live entertainment theater standing alone or within an adult entertainment business.
B. “Adult bookstore” means any business selling or renting novelties, books, magazines, periodicals or other printed matter, photographs, films, motion pictures, slides, tapes, video cassettes, records or any other form of visual or audio representation twenty-five percent or more of the stock-in-trade on display within any such category, or total of any or all categories, being characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
C. “Adult motion picture arcade” and “arcade” means any business wherein coin 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 five or fewer persons per machine, at any one time, and where the dominant or predominant character or theme of the images so displayed is depiction of specified sexual activities or specified anatomical areas.
D. “Adult mini-motion picture theater” means any business with a capacity of more than five, but less than fifty persons where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic 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 any thirty consecutive day period.
E. “Adult motion picture theater” means any business with the capacity of fifty or more persons where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown and in which 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 any thirty consecutive day period.
F. “Adult live entertainment theater’ means any business with the capacity of five or more persons where, for any form of consideration, live entertainment takes place on any ten or more days in any thirty consecutive day period.
G. “Harmful matter” shall have the same meaning and the same definition as the word is defined in Chapter 7.6 of Title 9 of Part I of the California Penal Code.
H. “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 the genitals, vulva, pubis, pubic hair, natal cleft, buttocks, perineum, anus or anal region; or in which any female performer exposes to public view without opaque covering any portion of the breast at or below the upper edge of the areola thereof.
I. “Permit holder” means any person who holds a permit to operate and/or manage an adult entertainment business.
J. “Operate” means to own, lease (as lessor or lessee), rent (as landlord, tenant or agent for the purpose of representing a principal in the management, rental or operation of the property of such principal), manage, operate, conduct, direct, or be employed in an adult entertainment business.
K. “Person” means any individual, partnership, corporation or association of any nature whatsoever
L. “Specified anatomical areas” means and includes any of the following:
1. Less than complete and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point above the top of the areola; or
2. Human male genitals in a discernibly turgid state, even if completely or opaquely covered.
M. “Specified sexual activities” means and includes any of the following:
1. The fondling or touching of human genitals, pubic regions, buttocks, anus, or female breasts; or
2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy; or
3. Masturbation, actual or simulated; or
4. Excretory functions as part of, or in connection with, any of the activities set forth in subsections M1-3.