Buena Park Municipal Code Art. I Purpose and Definitions

The purpose of this chapter is to prevent community-wide adverse secondary effects which can be brought about by the unregulated operation of adult entertainment businesses. These adverse secondary effects include, but are not limited to: depreciation of property values; increased vacancy rates in residential and commercial areas; increased criminal activity; increased litter, noise and vandalism; and interference with the enjoyment of residential property in the vicinity of such businesses.

(Ord. 1362 § 3, 1997)

For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

"Adult entertainment business"

means any of the following:

Adult Arcade.

"Adult arcade" means an establishment where, for any form of consideration, as a regular and substantial course of conduct one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

Adult Bookstore.

"Adult bookstore" means an establishment that, for any form of consideration, as a regular and substantial course of conduct offers for sale, rent, or viewing either adult entertainment material, adult entertainment merchandise or both.

Adult Cabaret.

"Adult cabaret" means an establishment which serves food or beverages and which, for any form of consideration, as a regular and substantial course of conduct presents live performances that either: (a) are characterized by an emphasis upon specified sexual activities; or (b) feature any seminude person.

Adult Hotel/Motel.

"Adult hotel/motel" means a hotel, motel or similar establishment offering public accommodations for any form of consideration which either:

a.

i

Provides patrons with closed-circuit television transmissions, films, motion pictures, videos, slides or other photographic or electronic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas, and

ii

Advertises the availability of such material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to newspapers, magazines, pamphlets, leaflets, radio or television;

b.

Rents, leases or lets any single guest room for less than any ten-hour period;

c.

Rents, leases or lets any single guest room more than twice in any twenty-four-hour period;

d.

Allows a tenant or occupant to sub-rent a guest room for a time period less than ten hours.

Adult Motion Picture Theater.

"Adult motion picture theater" means an establishment which, for any form of consideration, as a regular and substantial course of conduct offers to show films, computer-generated images, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

Adult Theater.

"Adult theater" means an establishment which, for any form of consideration, as a regular and substantial course of conduct presents live performances that either: (a) are characterized by an emphasis upon specified sexual activities; or (b) feature any seminude person.

Modeling Studio.

"Modeling studio" means an establishment which provides, for any form of consideration, seminude figure models or figure models who expose specified anatomical areas for the purpose of observation, sketching, photography, painting, sculpting or other depiction by persons paying such consideration. This definition shall not include the following: (a) schools maintained pursuant to standards set by the State Board of Education; and (b) schools maintained by an individual artist or group of artists, and which do not provide, permit or make available specified sexual activities.

Sexual Encounter Center.

"Sexual encounter center" means a business, agency or person that, for any form of consideration, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.

Any business that, for any form of consideration, as a regular and substantial portion of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

a.

"Adult entertainment material"

means any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, videotape recording, or other visual representation, characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

b.

"Adult entertainment merchandise"

means adult entertainment implements or paraphernalia, such as, but not limited to: dildos, auto sucks, vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated vaginas and similar adult entertainment devices that are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.

c.

"Director"

means the director of finance of the city of Buena Park or the designee thereof.

d.

"Characterized by an emphasis upon"

means the dominant or essential theme of the object described by such phrase.

e.

"Entertainer"

means a person who, for any form of consideration, performs at an adult entertainment business. Such persons shall constitute "entertainers" regardless of their legal relationship (e.g., employee, owner or independent contractor) with the adult entertainment business.

f.

"Hearing officer"

means the city manager of the city of Buena Park, or his or her designee.

g.

"Owner"

means the following: (i) the sole proprietor of an adult entertainment business; (ii) any general partner of a partnership that owns and operates an adult entertainment business; (iii) the owner of a controlling interest in a corporation which owns and operates an adult entertainment business; and (iv) the person designated by the officers of a corporation to be the permit holder for an adult entertainment business owned and operated by the corporation.

h.

"Peace officer"

shall have the meaning set forth in the California Penal Code.

i.

"Perform at an adult entertainment business"

means to engage in or participate in any live performance at an adult entertainment business that either: (i) is characterized by an emphasis upon specified sexual activities; or (ii) features any seminude person.

j.

"Permittee"

means the following: (i) for the purpose of Article II of this chapter, any person who has been issued an adult entertainment business permit; (ii) for the purpose of Article III of this chapter, any person who has been issued an adult entertainer permit; and (iii) for the purpose of Articles IV—VI of this chapter, any person who has been issued an adult entertainment business permit or an adult entertainer permit.

k.

"Person"

means any natural person, partnership, copartnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.

l.

"Seminude"

means 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.

m.

"Specified anatomical areas"

means the following:

i

Less than completely and opaquely covered human (A) genitals or pubic region, (B) buttocks, and (C) female breast below a point immediately above the top of the areola;

ii

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

iii

Any device, costume or covering that simulates any of the body parts included in subsections (9)(m)(i) or (9)(m)(ii) above.

n.

"Specified sexual activities"

means the following, whether performed directly or indirectly through clothing or other covering:

i

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast;

ii

Sex acts, actual or simulated, including intercourse, oral copulation or sodomy;

iii

Masturbation, actual or simulated;

iv

Excretory functions as part of, or in connection with, any of the other activities described in subsections (9)(n)(i) through (9)(n)(iii) of this definition.

(Ord. 1362 § 3, 1997)