10.020 De7nitions.

It is the intent of Chapter 10 that those deHnitions and interpretations set forth in the Glossary of the Petaluma

Zoning Ordinance shall apply but only where they do not conIict with any deHnition or interpretation set forth in

Chapter 10.

The Petaluma Implementing Zoning Ordinance is current through Ordinance 2907, passed September 8, 2025.

Ch. 10 Adult Oriented Business | Petaluma Implementing Zoning Ordinance Page 2 of 10

A. Speci+ed Anatomical Areas. As used in Chapter 10, “speciHed anatomical areas” shall mean and include any of

the following:

1. Less than completely and opaquely covered human genitals, pubic regions, buttocks, anus or female

breast below a point immediately above the top of the areolae; or

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

B. Speci+ed Sexual Activities. As used in Chapter 10, “speciHed sexual activities” shall mean and include any of the

following:

1. The fondling or other erotic touching, actual or simulated, of human genitals, pubic regions, buttock or

female breast;

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

or

3. Masturbation, actual or simulated; or

4. Excretory functions as part of or in connection with any of the activities set forth in “A.” through “C.”

above.

C. Adult Entertainment Establishment. An adult entertainment establishment is any place of business in which one

or more of the following activities is conducted:

1. Adult Book Store. A commercial establishment which devotes more than 50% of its total inventory or

product lines or more than 50% of its total display, shelf, rack, table, stand, or Ioor area used for the display

and sale of the following:

a. Books, magazines, periodicals, or other printed matter, or photographs, Hlms, motion pictures,

video cassettes, slides, tapes, records, or other form of visual or audio representation which are

characterized by an emphasis upon the depiction of description of “SpeciHed Sexual Activities” or

“SpeciHed Anatomical Areas”; and/or

b. Instruments, artiHcial devices or paraphernalia which are designed for use in connection with

“SpeciHed Sexual Activities”.

The term “product line” refers to items which are all identical, such as numerous copies of the same book or

periodical.

2. Adult Motion Picture Establishment. Shall mean a commercial establishment with a capacity of more than

50 persons, used for the presentation, exhibition or display of Hlms, motion pictures, video cassettes, slides or

similar photographic reproductions projected on a screen, which are distinguished or characterized by an

emphasis on matter depicting, describing, or relating to “SpeciHed Sexual Activities” or “SpeciHed Anatomical

Areas”. For purposes of this paragraph and paragraphs 10.020(A)(3-13), “substantial portion of the total

The Petaluma Implementing Zoning Ordinance is current through Ordinance 2907, passed September 8, 2025.

Ch. 10 Adult Oriented Business | Petaluma Implementing Zoning Ordinance Page 3 of 10

presentation time” shall mean the presentation of Hlms, shows, or other described entertainment for viewing

on more than 28 days within any 56 consecutive day period.

3. Adult Mini-Motion Picture Theater. Shall mean a commercial establishment with a capacity of more than 5

but less than 50 persons, used for the presentation, exhibition or display of Hlms, motion pictures, video

cassettes, slides or similar photographic reproductions projected on a screen, and in which a substantial

portion of the presentation time is distinguished or characterized by an emphasis on matter depicting,

describing, or relating to “SpeciHed Sexual Activities” or “SpeciHed Anatomical Areas”.

4. Adult Motion Picture Arcade. Any place to which the public is permitted or invited wherein coin or slug-

operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors,

or other image-producing devices are maintained to show images, Hlms, motion pictures, video cassettes,

slides, tapes, records or other forms of visual or audio representation to Hve or fewer persons per machine at

any one time, in which a substantial portion of the total presentation time of the images so displayed are

distinguished or characterized by an emphasis on depicting or describing “SpeciHed Sexual Activities” or

“SpeciHed Anatomical Areas”.

5. Adult Drive-In Theater. An open lot or part thereof, with appurtenant facilities, devoted primarily to the

presentation of motion pictures, Hlms, theatrical productions and other forms of visual productions, for any

form of consideration to persons in motor vehicles or on outdoor seats, in which a substantial portion of the

total presentation time of the material being presented is distinguished or characterized by an emphasis on

matter depicting, describing or relating to “SpeciHed Sexual Activities” or “SpeciHed Anatomical Areas” for

observation by patrons.

6. Adult Cabaret. A nightclub, bar, restaurant, or similar establishment during which a substantial portion of

the total presentation time features live performances which are distinguished or characterized by an

emphasis on “SpeciHed Sexual Activities” or by exposure of “SpeciHed Anatomical Areas” and/or feature Hlms,

motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or

characterized by an emphasis upon the depiction or description of “SpeciHed Sexual Activities” or “SpeciHed

Anatomical Areas” for observation by patrons.

7. Adult Motel or Hotel. A hotel or motel or similar commercial establishment oKering public

accommodations for any form of consideration which provides patrons with closed-circuit television

transmissions, Hlms, motion pictures, video cassettes, slides, or other photographic reproductions, a

substantial portion of the total presentation time of which is distinguished or characterized by an emphasis

upon the depiction or description of “SpeciHed Sexual Activities” or “SpeciHed Anatomical Areas” for

observation by patrons.

8. Adult Theater. A theater, concert hall, auditorium or similar commercial establishment either indoor or

outdoor in nature which, for any form of consideration, regularly features live performances, a substantial

portion of the total presentation time of which is distinguished or characterized by an emphasis on “SpeciHed

Sexual Activities” or “SpeciHed Anatomical Areas” for observation by patrons.

The Petaluma Implementing Zoning Ordinance is current through Ordinance 2907, passed September 8, 2025.

Ch. 10 Adult Oriented Business | Petaluma Implementing Zoning Ordinance Page 4 of 10

9. Adult Model Studio. Any establishment open to the public where, for any form of consideration or

gratuity, Hgure models who display “SpeciHed Anatomical Areas” are provided to be observed, sketched,

drawn, painted, sculptured, photographed, or similarly depicted by persons, other than the proprietor, paying

such consideration or gratuity.

This provision shall not apply to any school of art which is operated by an individual, Hrm, association,

partnership, corporation, or institution which meets the requirements established in the Education Code of

the State of California for the issuance or conferring of, and is in fact authorized thereunder to issue and

confer, a diploma.

10. Sexual Encounter Establishment. A commercial establishment, other than a hotel, motel or similar

establishment oKering public accommodations which, for any form of consideration, provides a place where

two or more persons may congregate, associate or consort in connection with “SpeciHed Sexual Activities” or

the exposure of “SpeciHed Anatomical Areas”.

This deHnition does not include an establishment where a medical practitioner, psychologist, psychiatrist or

similar professional person licensed by the State of California engages in sexual therapy.

11. Body Painting Studio. Any establishment or business which provides the service of applying paint or other

substance whether transparent or nontransparent to or on the human body when such body is wholly or

partially nude in terms of “SpeciHed Anatomical Areas”.

12. Other Adult Entertainment Businesses. Any other business or commercial establishment not herein

deHned:

a. Wherein for any form of consideration the establishment provides entertainment to patrons in

which a substantial portion of the total presentation time is characterized by an emphasis on depicting,

describing or relating to “SpeciHed Sexual Activities” or “SpeciHed Anatomical Areas”; or

b. Which devotes more than 50 percent of the total area used for display of its stock in trade to items,

instruments and paraphernalia which are characterized by an emphasis on depicting, describing, or

relating to “SpeciHed Sexual Activities”.

13. School. An institution of learning for minors, whether public or private, which oKers instruction in those

courses of study required by the California Education Code or which is maintained pursuant to standards set

by the State Board of Education. This deHnition includes a nursery school, kindergarten, elementary school,

junior high school, senior high school or any special institution of learning under the jurisdiction of the State

Department of Education, but it does not include a vocational or professional institution or an institution of

higher education, including a community or junior college, college or university.

14. Commercial Zones. For purposes of Chapter 10, a commercial zone shall include the following “zoning

districts” as deHned in the Petaluma Zoning Ordinance: C1, C2, MU1A, MU1B, and MU2.

15. Public Park. As used in Chapter 10, any park or playground dedicated to use for park or recreation

purposes owned by, dedicated to, leased to, or operated or maintained by the City.

The Petaluma Implementing Zoning Ordinance is current through Ordinance 2907, passed September 8, 2025.

Ch. 10 Adult Oriented Business | Petaluma Implementing Zoning Ordinance Page 5 of 10

16. Residential Zone. As used in Chapter 10, a residential zone shall include the following “zone districts” as

deHned in the Petaluma Zoning Ordinance: RR, R1, R2, R3, R4, R5, AG, MU1C, and residential Planned Unit

Development (P.U.D.) and Planned Community Development (P.C.D.).

17. Church. As used in Chapter 10, a church shall include any property where a building is set apart and

recognized as a site of public gathering and worship. This shall include church operated childcare/nursery or

preschool facilities.