Sec. 44-194. - Purpose.

(a)

The intent of this subdivision is to regulate adult oriented businesses which, because of their very nature, are believed to have many of the recognized significant secondary effects on the community which include: depreciated property values and increased vacancies in residential areas in the vicinity of the adult oriented businesses; higher crime rates, noise, debris, or vandalism in the vicinity of adult oriented businesses; and blighting conditions such as low level maintenance of commercial premises and parking lots which thereby have a deleterious effect upon adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the neighborhoods in the vicinity of the adult oriented businesses. It is neither the intent nor effect of this subdivision to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor effect of this subdivision to restrict or deny access by adults to sexually oriented materials or merchandise protected by the first amendment, or to deny access by the distributors or exhibitors of adult oriented business to their intended market.

(b)

Nothing in this subdivision is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any City ordinance or any statute of the State of California regarding public nuisances, unlawful exposure, sexual conduct, lewdness, or obscene or harmful matter or the exhibition or public display thereof.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-195. - Definitions.

When used in this subdivision, the words and phrases in this section have the following meanings ascribed to them, unless the context indicates a different meaning:

Adult bookstore means any establishment, which, as a regular and substantial course of conduct, displays and/or distributes adult 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.

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.

r 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.

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/or which rents, leases, or lets any room for less than a 12-hour period and/or rents, leases, or lets any room more than once in a 24-hour period and/or which advertises the availability of any of the above.

Adult live entertainment means any physical human body activity, whether performed or engaged in alone or with other persons, including singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which:

(1)

The performer (including a topless and/or bottomless dancer, go-go dancer, exotic dancer, stripper, or similar performer) exposes to public view, without opaque covering, specified anatomical parts; and/or

(2)

The performance or physical human body activity depicts, describes or relates to specified sexual activities whether or not the specified anatomical areas are covered.

Adult model studio means any premises where 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 where such model is being observed or viewed by any person for the purpose of being sketched, painted, drawn, sculptured, photographed, filmed, or videotaped for 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. The term "adult model studio" shall not include any live art class or any studio or classroom that is operated by any public agency or any private educational institution maintained pursuant to standards set by the Board of Education of the State of California.

Adult motion picture arcade means any business establishment or concern containing coin- or slugoperated or manually or electronically controlled still, motion picture, or video machines, projectors, or

other image producing devices that are maintained to display images to an individual in individual viewing areas when those images are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.

Adult oriented business.

(1)

The term "adult oriented 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 or adult hotel/motel (but not clothing optional hotel/motel); or any business establishment or concern, which as a regular and substantial course of conduct, sells or distributes sexually oriented merchandise or sexually oriented material; or 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 attire, which does not opaquely cover specified anatomical parts.

(2)

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:

a.

The area devoted to adult merchandise and/or sexually oriented material exceeds more than 25 percent of the total display or floor space area open to the public;

b.

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 six times in any month in any given year;

c.

The regular and substantial course of conduct of the business consists of or involves the sale, trade, display or presentation of services, products, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.

(3)

"Adult oriented business" does not include those uses or activities upon which regulation is preempted by State law.

Adult theater means a business establishment or concern which, as a regular and substantial course of conduct, presents live entertainment, motion pictures, videos, slide photographs, 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.

G-string means an article of clothing that opaquely covers the buttocks at least one inch on either side of the natal cleft and covers the entirety of the genitalia and pubis.

Individual viewing area means any area designed for occupancy of one person for the purpose of viewing live performances, pictures, movies, videos, or other presentations.

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 24 hours in advance of participation in the class.

Pasties means an article of clothing that opaquely covers the nipple and areola of the female breast and is not designed to nor appears to look like the nipple and/or areola of the female breast.

Performer means any person who is an employee or independent contractor of an adult-oriented business, and who, with or without any compensation or other form of consideration, performs adult live entertainment for patrons of an adult-oriented business. Performer does not include a patron.

Regular and substantial course of conduct means when 25 percent of a business's stock in trade, and/or 25 percent of a business's total gross annual revenue, or 25 percent of a business's advertising, or 25 percent of a business's net interior public area (not including non-public areas such as office space, dressing rooms, non-public storage space and public and non-public bathrooms) is derived from or devoted to a particular thing.

School means an institution of learning for minors, whether public or private which offers instruction in those courses of study required by the provisions of the California Education Code applicable to the type of school at issue and/or is maintained pursuant to standards set by the Board of Education of the State of California and has an approved use permit, if required under the applicable jurisdiction. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school, or any special institution of learning under the jurisdiction of the California Department of Education, but does not include a vocational or professional institution or an institution of higher learning, including a community college or junior college, college or university. Neither shall the term "school" apply to a "tutorial facility" as that term is defined in Section 44-10; a "child day care facility" as that term is defined in Health and Safety Code § 1596.750; or a "day care center" as that term is defined in Health and Safety Code § 1596.76.

Sexually oriented material means any element of sexually oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video, or other written, oral, or visual representation or presentation which, for purposes of sexual arousal, provides depictions that are characterized by an emphasis on matter depicting, describing, or relating to specific sexual activities or specified anatomical parts.

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 sadomasochistic activity.

Specified anatomical parts means:

(1)

Less than completely and opaquely covered human genitals, pubic region, buttocks, or female breasts below a point immediately above the top of the areola; or

(2)

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

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 [picquerism], sapphism, or zooerastia.

(2)

Human genitals in a state of sexual stimulation, arousal, or tumescence.

(3)

Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation.

(4)

Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breast.

(5)

Masochism, erotic or sexually oriented torture, beating, or the infliction of pain.

(6)

Erotic or lewd touching, fondling, or other sexually oriented contact with an animal by a human being.

(7)

Human excretion, urination, menstruation, or vaginal or anal irrigation.

(8)

The removal of clothing to the point where specified anatomical parts are either not opaquely covered or minimally covered with devices commonly referred to as pasties and g-strings or equivalent clothing.

(Ord. No. 2015-01, § 3, 5-5-2015)