Pomona Municipal Code § 30-195 Employment of and services rendered to persons under age of 18 prohibited

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

Adult-oriented business means any one of the following:

(1) Adult arcade means an establishment where, for any form of consideration, one or more still or motion picture projectors or similar machines, for viewing by one person per machine, are used to show films, computer-generated images, motion pictures, videocassettes, slides or other photographic reproductions that are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(2) Adult bookstore means an establishment that has 30 percent or more of its stock in books, magazines, periodicals or other printed matter or of photographs, films, motion pictures, videocassettes, 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.

(3) Adult cabaret means a nightclub, restaurant, or similar business establishment:

a. Which regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities;

b. Which regularly features persons who appear seminude; and/or

c. Shows films, computer-generated images, motion pictures, videocassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities.

(4) Adult hotel/motel means a business establishment offering public accommodations for any form of consideration which:

a. Provides patrons with closed-circuit television transmissions, film, computer-generated images, motion pictures, videocassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas;

b. Rents, leases, or lets any room for less than a six-hour period;

c. Rents, leases, or lets any single room more than twice in a 24-hour period; or

d. Allows a tenant or occupant to rent or subrent the sleeping room for a time period of less than six hours.

(5) Adult merchandise store means an establishment which is used for the sale of sexually oriented implements and paraphernalia such as the reproduction of human sex organs, dildos, vibrators, sex organ simulators, apparatus alleged to assist in or improve human sexual performance, or other devices or products distinguished or characterized by their exclusive orientation toward specified anatomical areas, excluding contraceptives and items with generally accepted medical, scientific or academic benefits.

(6) Adult motion picture theater means a business establishment where, for any form of consideration, films, computer-generated images, motion pictures, videocassettes, slides or similar photographic reproductions are featured that are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(7) Adult theater 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.

(8) Modeling studio 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. The term "modeling studio" does not include schools maintained pursuant to standards set by the state board of education. The term "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.

(9) Sexual encounter center means a business or commercial establishment that, as one of its important business purposes, offers, for any form of consideration, a place where two or more persons may engage, associate, or consort for the purpose of specified sexual activities or the exposure of specific anatomical areas or seminude. The definition of sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

Adult-oriented entertainer means any person who, with or without compensation or any other form of consideration, performs live entertainment for patrons of an adult-oriented business.

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

Distinguished or characterized by an emphasis upon means and refers 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.

Employee means a person who performs any service on the premises of a sexually oriented business on a fulltime, parttime or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not such person is paid a salary, wage or other compensation by the operator of such business. The term "employee" does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises or for the delivery of goods to the premises.

Employee permit means an adult-oriented business employee permit required by this article.

Not limited means those definitions, uses or activities that have no restraints.

Nudity and a state of nudity mean 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 discernibly turgid state.

Operator means and includes the owner, permit holder, custodian, manager, operator or person in charge of any permitted adult-oriented business.

Permittee means a person required by this article to have an adult-oriented business regulatory permit or an adult-oriented business employee permit.

Regularly features means a regular and substantial course of conduct. A regular and substantial course of conduct exists if one of the following conditions exists:

(1) At least 30 percent of the stock in trade is devoted to adult entertainment maternal, adult entertainment merchandise, or both; provided, however, that this criteria shall not apply to mail order businesses or wholesale businesses with no patrons on the premises.

(2) At least 30 percent of the total display area is devoted to adult entertainment material, adult entertainment merchandise, or both; provided, however, that this criteria shall not apply to mail order businesses or wholesale businesses with no patrons on the premises.

(3) The business presents any type of entertainment or performance, live or otherwise, characterized by an emphasis upon specified sexual activities or featuring any nude or seminude person on two or more separate days within a 30-day period; three or more separate days within a 60-day period; or seven or more separate days within a 180-day period.

Seminude means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast.

Sensitive uses refers to property zoned residential, churches, schools, parks or open space centers and day care uses.

Specified anatomical areas means and includes any of the following:

(1) Less than completely and opaquely covered human:

a. Genitals or pubic region;

b. Buttocks; and

c. Female breast below a point immediately above the top of the areola; and

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

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

Specified criminal act means and includes the following:

(1) Any of the offenses set forth in Penal Code §§ 314, 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(d) or any related criminal sexual activities.

(2) The equivalent of the offenses in subsection (1) of this definition in other jurisdictions outside the state.

Specified sexual activities means and includes any of the following, whether performed directly or indirectly through clothing or other covering, by oneself or others, and are prohibited:

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

(2) Sex acts, actual or simulated, including but not limited to 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 subsection (1) through (3) of this definition.

Transfer of ownership or control of an adult-oriented business means and includes any of the following:

(1) The sale, lease, or sublease of the business;

(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

(3) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for the transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

(Code 1959, § 14.5-1; Ord. No. 3873, § 3 (part))

Cross reference— Definitions generally, § 1-2.

The sections of this article regulating adult-oriented businesses are not intended to be exclusive, and compliance with this article shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the city council.

(Code 1959, § 14.5-20; Ord. No. 3873, § 3 (part))

An adult-oriented business applicant or permittee shall permit representatives of the police department, the county fire department, planning division, or other local or state agencies to inspect the premises of an adult-oriented business for the purpose of ensuring compliance with the law and the development and performance standards applicable to adult-oriented businesses at any time it is occupied or open for business. A person who operates an adult-oriented business or his agent or employee is in violation of this section if he refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.

(Code 1959, § 14.5-19; Ord. No. 3873, § 3 (part))

Every permitted adult-oriented business must maintain a register of all employees working or performing services on the premises and their permit numbers. Such register shall be available for inspection during regular business hours by any police officer or city official.

(Code 1959, § 14.5-14; Ord. No. 3873, § 3 (part))

(a) It is unlawful for any permittee, operator, or other person in charge of any adult-oriented business to employ or provide any service for which it requires such permit to any person who is not at least 18 years of age.

(b) It is unlawful for any permittee, operator or other person in charge of any adult-oriented business to permit to enter or remain within the adult-oriented business any person who is not at least 18 years of age.

(Code 1959, § 14.5-18; Ord. No. 3873, § 3 (part))