Laguna Niguel Municipal Code Art. 1 Definitions

The words, terms and phrases defined in this article, when used in this title, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning.

Footnotes:

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Cross reference— Definitions generally, § 1-1-18.

Editor's note— Ord. No. 2022-215, § 6, adopted June 7, 2022, repealed § 5-1-1, which pertained to definitions (A) and derived from Ord. No. 90-11, § 5, 3-6-90.

Business means any business, trade, occupation, practice or profession.

Business solicitor or canvasser. See Canvasser.

(Ord. No. 90-11, § 5, 3-6-90)

Canvasser means any person not having an established place of business in the city who, for himself or as an agent of another, goes from house to house for the purpose of soliciting orders or subscriptions for any goods, wares, merchandise or product, of any nature or description, for future delivery, whether or not advance payments are collected at the time the order or subscription is taken, except salesmen or solicitors regularly employed by any wholesale house or jobber who take or solicits orders from retailers or other merchants conducting a regularly established place of business, or any person who sells or offers for sale any goods, wares, merchandise or products in his possession where such goods wares, merchandise or products are delivered at the time and place the sale is made, or persons selling, offering for sale or delivering to purchasers any farm or garden products where the products are raised or produced upon the property of the persons offering the products for sale, whether or not the property is owned or leased by such persons.

Coin-currency dealer means a person dealing in a business where coins or currency are bought, sold, traded, pawned, auctioned or accepted for sale on consignment at a price above the face value of such coins or currency upon the basis, express or implied, that the value above the face value is derived from the age, rareness, condition, mineral content or historical associations of the coins or currency. Except for coins or currency, the term "coin-currency dealer" shall not include a shop where secondhand merchandise, including but not limited to jewelry or metals, is bought, sold, traded, pawned, auctioned or accepted for sale on consignment. Shops which buy, sell, trade, pawn, auction or accept for sale on consignment coins or currency at a price above the face value of such coin or currency and where secondhand merchandise other than coins or currency is bought, sold, traded, pawned, auctioned or accepted for sale on consignment shall comply with section 5-3-105 as to such other secondhand merchandise.

Commercial means operated or carried on primarily for financial gain.

Commercial garbage means any garbage other than garbage produced upon the premises covered by the license provided for in this title.

Commercial manure dealer means any person who, for a fee, gathers, collects, hauls, stockpiles, spreads or sells any manure or manure-like substance.

(Ord. No. 90-11, § 5, 3-6-90; Ord. No. 2022-215, § 7, 6-7-22)

Dance instructor means any person, male or female, who participates or otherwise engages in, while nude, any dance instruction, lesson, demonstration or exhibition conducted in a dance studio.

Dance studio means any premises or mobile facility where there is conducted the business or transaction of furnishing, providing or procuring dancing instructors for the purpose of providing dance instruction, lessons, demonstrations or exhibitions, while nude, to any person who pays a fee or any other thing of value as consideration, compensation or gratuity for the right or opportunity to dance with or observe such nude dancing instructor.

(Ord. No. 90-11, § 5, 3-6-90)

Entertainment means that which engages the attention agreeably, amuses or diverts, whether in private, as by conversation, music or other manner, or in public, by performances, conversation, music or other manner.

Escort means any person who, for pecuniary compensation:

(1) Escorts, accompanies or consorts with another person to, from or about social affairs, entertainments, places of public assembly or places of amusement located or situated within the city.

(2) Escorts, accompanies or consorts with another person in or about any place of public or private resort or within any private quarters located or situated within the city.

(3) Escorts, accompanies or consorts with another person in or about any business or commercial establishment, or part or portion thereof, located or situated within the city.

Escort bureau means any business, agency or self-employed or independent escort who, for pecuniary compensation, furnishes or offers to furnish escorts within the city.

Established place of business means the place where any person conducts any retail or other establishment having a permanent address and being regularly open for business from day to day during ordinary business hours.

(Ord. No. 90-11, § 5, 3-6-90)

Figure model means any person, male or female, who poses, or otherwise conducts himself or herself, to be observed, viewed, sketched, painted, drawn, sculptured, photographed, filmed, videotaped or otherwise similarly depicted, except when such conduct is done in one of the institutions exempted under the definition of the term "figure model studio."

Figure model studio means any premises or mobile facility where there is conducted the business or transaction of furnishing, providing or procuring figure models who pose for the purpose of being observed or viewed by any person or being sketched, painted, drawn, sculptured, photographed, filmed, videotaped or otherwise similarly depicted in the nude before persons who pay a fee or any other thing of value as consideration, compensation or gratuity, for the right or opportunity to so observe a figure model, or for admission to, permission to or as a condition of remaining on the premises. The term "figure model studio" does not include any studio or classroom which is operated by any public agency, or any public or private educational institution authorized under Education Code § 94300 et seq. to issue and confer a diploma or degree.

(Ord. No. 90-11, § 5, 3-6-90)

Garbage means all animal and vegetable refuse or residue from kitchens, canneries, bakeries, restaurants, lunchstands, meat, fish, fruit or vegetable markets and other food handling places, and all household waste or residue that results from the preparation or care for or treatment of foodstuffs intended to be used as food or which has resulted from the preparation or handling of food for human consumption, or any decayed and unsound meat, fish, fruit and vegetables.

(Ord. No. 90-11, § 5, 3-6-90; Ord. No. 2022-215, § 8, 6-7-22)

Interlocutrix means any person who engages in conversation, meditation or communication of any nature while nude in a rap session establishment.

Introductory service means a service offered or performed within the city by any person for pecuniary compensation, the principal purpose of which is to aid persons to become socially acquainted or to otherwise assist persons to meet for social purposes, or which service is generally known or should be known by the offering or performing party to be used by the recipients thereof for the purpose of obtaining information about other persons to be used for social purposes.

(Ord. No. 90-11, § 5, 3-6-90)

Junk collector means any person having no fixed place of business in the city engaged in or carrying on the business of collection, buying or selling from house to house or from place to place, gathering, collecting, buying or otherwise dealing in any old rags, sacks, bottles, cans, papers, metal or other articles commonly known as junk.

Junk dealer means any person having a fixed place of business in the city engaged in or carrying on the business of buying or selling, either at wholesale or retail, any old rags, sacks, bottles, cans, papers, metal or other articles commonly known as junk.

(Ord. No. 90-11, § 5, 3-6-90)

Editor's note— Ord. No. 2022-215, § 9, adopted June 7, 2022, repealed § 5-1-11, which pertained to definitions (K) and derived from Ord. No. 90-11, § 5, 3-6-90.

Massage means a method of treating the external parts of the body for remedial or hygienic purposes, consisting of rubbing, stroking, kneading, adjusting or tapping with the hand or any instrument.

Massage parlor means any Turkish bath parlor, Battle Creek system treatments, magnetic healing institute, massage parlor or other place or institution where treatment of any nature for the human body is given by means of massage.

Massagist means both the singular and plural, and shall mean and include any person who practices massage, except a physician, surgeon, chiropractor, osteopath or registered physical therapist or any nurse or other person working under the direct supervision of a physician, surgeon, chiropractor, osteopath or registered physical therapist duly licensed to practice their respective professions in the state.

Mobile X-ray operator means any person who owns or legally possesses or operates a mobile X-ray unit.

Mobile X-ray unit means any X-ray generator which is or can be used for the purpose of making medical diagnostic photofluorographic films of persons, and which is installed in or upon a motor vehicle or trailer so that it may be transported from place to place.

(Ord. No. 90-11, § 5, 3-6-90)

Nude shall have the same meaning as that contained in section 11-12-2.

(Ord. No. 90-11, § 5, 3-6-90)

Outdoor gathering means any music festival, dance festival, public dance, show or similar gathering at which music or entertainment is provided by professional or amateur performers, or by prerecorded means, which is held at any place other than in a public building or permanent installation, which permanent installation has been constructed for the purpose of or so constructed that it can be used for the conducting of such activities as determined by the director of community development, to which members of the public are invited or admitted for a charge or free of charge and which is attended by more than 2,500 persons. Parades otherwise licensed by proper governmental authority are not included within this definition.

(Ord. No. 90-11, § 5, 3-6-90)

Pawnbroker means a person engaged in conducting, managing or carrying on the business of pawnbroking or the business of lending money for himself or any other person upon personal property, pawns or pledges, or the business of purchasing articles of personal property and reselling or agreeing to resell such articles to the vendors or their assignees at prices agreed upon at or before the time of such purchase.

Pecuniary compensation means any commission, fee, gratuity, hire, profit or reward, or any other form of consideration.

Peddler means and includes every person who travels from place to place or has a stand upon any public street, alley or other public place, in the doorway of any room or building, or upon any lot or parcel of land, who sells or offers for sale any goods, wares or merchandise in his possession, other than food, except salesmen or solicitors regularly employed by any wholesale house or jobber who take or solicit orders from retailers or other merchants conducting a regularly established place of business. Peddler includes sidewalk vendors, as defined in section 5-7-01 of article 1 of division 7 of title 5.

Person means both the singular and the plural, and shall also mean and include a person, individual, firm, corporation, copartnership, association, club, society or any other organization.

Pool room means any place open to the public where billiards, pool or bagatelle is played, except a private house and except the rooms of a bona fide fraternal organization, where the general public is allowed to play therein, whether any compensation or reward is charged for the use of such tables or not.

Profit interest means any interest or share in the present or prospective profit of an escort bureau or introductory service.

Public baths means any place where there is given steambaths, electric lights baths, electric tub baths, showerbaths, sponge baths, sunbaths, mineral baths, vapor baths, Russian, Swedish or Turkish baths or any other type of baths or fomentations, or alcohol rubs or any other types of rubs, or where there is given salt glows or any type of therapy, and includes any public bathing place which has in connection therewith a steam room, hot room, plunge, showerbath or sleeping accommodations.

Public dance means a gathering of persons in or upon any premises where dancing is participated in, either as the main purpose of such gathering or as an incidental to some other purpose, and to which premises the public is admitted, either with or without charge, and to which not more than 2,500 persons shall be admitted.

(Ord. No. 90-11, § 5, 3-6-90; Ord. No. 2020-206, § 6, 7-21-20; Ord. No. 2020-207, § 6, 8-4-20; Ord. No. 2022-215, § 10, 6-7-22)

Rap session establishment means any premises or mobile facility where there is conducted the business or transaction of furnishing, providing or procuring interlocutrices to engage in conversation, meditation or communication of any nature while nude with any person who pays a fee or any other thing of value as consideration, compensation or gratuity for the right or opportunity to engage in such communication.

Recognized school of massage means any school or institution of learning which has for its purpose the teaching of the theory, method, profession or work of massagist, and which school requires a resident course of study of not less than 200 hours to be given in not less than three calendar months before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning, showing the successful completion of such course of study or learning.

Roadside market means any vehicle, booth, stand, tent, house or other place or structure at or in which goods, wares, merchandise, food, products, vegetables or other commodities are sold, exposed for sale, bartered or given away, or where any business of any nature or kind is transacted. Roadside market does not include sidewalk vendors, as defined in section 5-7-01 of article 1 of division 7 of title 5.

(Ord. No. 90-11, § 5, 3-6-90; Ord. No. 2020-206, § 7, 7-21-20; Ord. No. 2020-207, § 6, 8-4-20)

Secondhand dealer means and includes any person whose business is that of engaging in buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning or auctioning secondhand personal property. The term "secondhand dealer" also means any person who owns or operates an auction or any other event at which two or more persons offer secondhand personal property for sale or exchange and where a fee is charged for the privilege either of offering or displaying such property for sale or exchange or for admission of prospective buyers to the area where such property is offered or displayed for sale or exchange, but does not include a person who owns the land on which the auction or event occurs if he has no control over such auction or event and has no personal knowledge of any facts arising from such auction or event which constitute a violation of any provisions of this title.

Security officer means an individual engaged in the act of guarding property as the owner, member or employee of a security system.

Security system means any private service or private system which purports to furnish or does furnish to members or subscribers any watchman or guard, either uniformed or otherwise, or any guard dog, to patrol any part of the city or to guard or watch any property, including guarding against theft or fire, or both, or to perform any service usually and customarily performed by the chief of police in his capacity as a peace officer. The term "security system" does not include the guarding of property of a single owner by one or more individuals who are employed by such owner.

Show means a carnival, tent show or show in the open air, or in a hall or building not specifically constructed for theatrical purposes, wherein carnivals, circuses, dog or pony shows, or dramatic, musical or theatrical performances are given to audiences not exceeding 2,500 persons.

Specified anatomical areas includes any of the following:

(1) Less than completely and opaquely covered:

a. Human genitals or pubic region;

b. Buttock; and

c. Female breast 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 activity includes the following:

(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 functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism or zooerasty;

(2) Clearly depicted 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 touching of nude 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; or

(7) Human excretion, urination, menstruation, or vaginal or anal irrigation.

(Ord. No. 90-11, § 5, 3-6-90)

Taxicab stand means the portion of a street or highway designated by the director of community development pursuant to this title for the use of taxicabs while waiting for employment.

(Ord. No. 90-11, § 5, 3-6-90)