Millbrae Municipal Code Art. I General Provisions

It is the purpose of this chapter to regulate adult-oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the city. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to adult-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.

(1976 Code § 5-23.101; Ord. 665 § 3)

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

A.

Adult-Oriented Businesses.

"Adult-oriented businesses or business" means any one of the following:

Adult Arcade.

The term "adult arcade" as used in this chapter is an establishment where, for any form of consideration, 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 thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult Bookstore.

The term "adult bookstore" as used in this chapter is an establishment that has thirty percent or more of its stock in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.

Adult Cabaret.

The term "adult cabaret" as used in this chapter means a nightclub, restaurant, or similar business establishment which: (1) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (2) which regularly features persons who appear semi-nude; and/or (3) shows films, computer-generated images, motion pictures, video cassettes, slides, or other photographic reproductions thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult Hotel/Motel.

The term "adult hotel/motel" as used in this chapter means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which: (1) provides patrons with closed-circuit television transmissions, films, computer-generated images, motion pictures, video cassettes, slides, or other photographic reproductions thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (2) rents, leases, or lets any room for less than a six-hour period, or rents, leases, or lets any single room more than twice in a twenty-four-hour period.

Adult Motion Picture Theater.

The term "adult motion picture theater" as used in this chapter is a business establishment where, for any form of consideration, films, computer-generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult Theater.

The term "adult theater" as used in this chapter means a theater, concert hall, auditorium, or similar establishment which, for any form of consideration regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.

Modeling Studio.

The term "modeling studio" as used in this chapter, means a business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display "specified anatomical areas" to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. "Modeling studio" does not include schools maintained pursuant to standards set by the State Board of Education. "Modeling studio" further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available "specified sexual activities."

B.

Adult Material.

"Adult material" means books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.

C.

Adult-Oriented Business Operator.

"Adult-oriented business operator" (also "operator") means a person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an adult-oriented business or the conduct or activities occurring on the premises thereof.

D.

Adult-Oriented Business Performer.

"Adult-oriented business performer" (also "performer") means a person who publicly performs specified sexual activities or publicly displays specified anatomical parts in adult-oriented businesses.

E.

Applicant.

A person who is required to file an application for a permit under this chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an adult-oriented business.

F.

Bar.

For the purposes of this chapter, a bar is defined as any commercial establishment licensed by the State Department of Alcoholic Beverage Control to serve any alcoholic beverages on the premises.

G.

Distinguished or Characterized by an Emphasis upon.

As used in this chapter, the term "distinguished or characterized by an emphasis upon" shall mean and refer to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas.

H.

Entertainer.

As used in this chapter "entertainer" shall mean any person who is an employee or independent contractor of the adult-oriented business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an adult-oriented business. The term "entertainer" also includes all adult-oriented business performers.

I.

Figure Model.

The term "figure model" means any person who, for pecuniary compensation, consideration, hire or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed or otherwise depicted.

J.

Health Officer.

The term "health officer" means police chief of the city of Millbrae or his or her duly authorized representative.

K.

Nudity or a State of Nudity.

"Nudity or a state of nudity" means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernible turgid state.

L.

Operate an Adult-Oriented Business.

As used in this chapter "operate an adult-oriented business" means the supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the conduct of activities of an adult-oriented business or activities within an adult-oriented business.

M.

Person.

Any individual, partnership, copartnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.

N.

Police Chief.

The police chief of the city of Millbrae or the authorized representative thereof.

O.

Regularly Features.

The term "regularly features" with respect to an adult theater or adult cabaret means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two or more occasions within a thirty day period; three or more occasions within a sixty day period; or four or more occasions within a one hundred and eighty day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

P.

Semi-Nude.

The term "semi-nude" means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.

Q.

Specified Anatomical Areas.

As used herein, "specified anatomical areas" shall mean and include any of the following:

1. Less than completely and opaquely covered human (i) genitals or pubic region; (ii) buttocks; and (iii) female breast below a point immediately above the top of the areola;

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

3. Any device, costume or covering that simulates any of the body parts included in subdivisions (1) or (2) above.

R. Specified Sexual Activities. As used herein, "specified sexual activities" shall mean and include any of the following, whether performed directly or indirectly through clothing or other covering:

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

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

3. Masturbation, actual or simulated;

4. Excretory functions as part of or in connection with any of the other activities described in subsections (R)(1) through (3) of this section.

(1976 Code § 5-23.102; Ord. 665 § 3)

A. It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city of Millbrae, the operation of an adult-oriented business unless the person first obtains and continues to maintain in full force and effect an adult-oriented business regulatory permit (sometimes referred to as "business permit") from the city of Millbrae as herein required.

B. It shall be unlawful for any persons to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult-oriented business unless the person first obtains and continues in full force and effect an adult-oriented business performer permit from the city of Millbrae as herein required.

(1976 Code § 5-23.103; Ord. 665 § 3)