Chapter 9.20 — ADULT-RELATED ESTABLISHMENTS

The purpose and intent of the city council in enacting this chapter is to protect the health, safety and welfare of the public and of patrons of establishments regulated herein by requiring the licensing and regulation of the establishments, services and persons herein defined. (Ord. 528 § 2 (part), 1995)

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

"Adult-related establishment" means a bathhouse, escort bureau, modeling studio or sexual encounter center, as defined by this section. "Adult-related establishment" also includes any other business or establishment which has available for, or offers any patron for pecuniary compensation, monetary or other consideration, hire or reward, services or entertainment or activities which involve "specified sexual activities" or the display of "specified anatomical areas" as defined herein. "Adult-related establishment" does not include a bookstore, motion picture theater, mini-motion picture theater, hotel or motel, or cabaret, which sells, displays, offers for sale, furnishes, or features books, movies, or other materials which depict "specified anatomical area" or "specified sexual activities" as herein defined. The term "adult-related establishment" does not include a bar.

"Adult-related establishment operator" (hereinafter "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-related establishment or the conduct or activities occurring on the premises thereof.

"Applicant" means 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-related establishment."

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.

"Bathhouse" means an establishment whose primary business is to provide, for pecuniary compensation, monetary or other consideration, hire or reward, access to any kind of bath facility, including but not limited to showers, saunas, and hot tubs.

"Bona fide nonprofit organization" means any fraternal, charitable, religious, benevolent, or other nonprofit organization having a regular membership association primarily for mutual, social, mental, political, and civic welfare which sponsors events to which admission is limited to members and guests, and revenue accruing therefrom is used or designated for use exclusively for the purposes of said organization, and which organization or agency is exempt from taxation, under the Internal Revenue Laws of the United States, as a bona fide fraternal, charitable, religious, benevolent, or other nonprofit organization, and in which any services, entertainment, or activities involving "specified sexual activities" or the display of "specified anatomical areas" are incidental to its primary operation.

"Cabaret" means any nightclub, theater, or other establishment which features live performances by topless or bottomless dancers, "Go-Go" dancers, exotic dancers, strippers, or similar entertainers where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. The term "Cabaret" does not include a bar.

"City manager" means the city manager of the city or authorized representative thereof.

"Entertainment" means any act, play, revue, pantomime, scene, song, dance act, or song and dance act, which involve "specified sexual activities" as herein defined, or the display of "specified anatomical areas," conducted by or participated in by one or more persons, whether or not such person or persons are compensated for such performance. "Entertainment" also includes a fashion, style or lingerie show.

"Escort" means a person who, for pecuniary compensation, monetary or other consideration, hire or reward, (1) escorts or accompanies others to or about social affairs, entertainment or places of amusement, or (2) keeps company with others about any place or public resort or within any private quarters.

"Escort Bureau" means a business which, for pecuniary compensation, consideration, hire or reward furnishes or offers to furnish escorts.

"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.

"Health officer" means the health officer of the city or his/her duly authorized representative.

"Modeling studio" means a business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purpose 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."

Operate An Adult-Related Establishment. As used in this chapter, "operate an adult-related establishment" 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-related establishment or activities within an adult-related establishment.

"Permittee" means the person to whom an adult-related establishment permit is issued.

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

"Police chief" means the police chief of the city of Patterson or the authorized representative(s) thereof.

"Sexual encounter center" means a business which provides two or more persons, for pecuniary compensation, monetary or other consideration, hire or reward, with a place to assemble for the purpose of engaging in "specified sexual activities" or displaying "specified anatomical areas."

"Sexual encounter center" does not include hotels or motels, or 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."

"Specified anatomical areas" shall include the following:

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

• (2) Human male genitals in a discernible turgid state, even if completely and opaquely covered.

"Specified sexual activities" shall include the following:

• (1) Actual or simulated 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: analingus, sodomy, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

• (2) Clearly depicted human genitals in a state of sexual stimulation, arousal, or tumescence; or

• (3) Use of human or animal masturbation, sodomy, copulation, coitus, ejaculation; or

• (4) Fondling or touching of nude human genitals, pubic region buttocks, or female breast; or

• (5) Masochism, erotic or sexually-oriented torture, beating or the infliction of pain; or

• (6) Erotic or lewd touching, fondling, or other contact with an animal by a human being; or

• (7) Human excretion, urination, menstruation, vaginal or anal irrigation. (Ord. 528 § 2 (part), 1995)

• A. It is 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, the operation of an adultrelated establishment without first having obtained a permit from the city as herein required.

• B. It be unlawful for any person to act as an escort, figure model, or to take any other position of employment with an adult-related establishment in the city without first having obtained a permit from the city as herein required.

• (Ord. 528 § 2 (part), 1995)