Redwood City Municipal Code Art. I General Provisions

It is the purpose of this Chapter to regulate sexually 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 sexually oriented materials. Similarly, it is not the intent nor effect of this Chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment of the United States Constitution, or to deny access by the distributors and exhibitors of sexually 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.

(Ord. No. 2141, § 2, 5-11-1998)

For the purpose of this Chapter the following words and phrases shall have the meanings respectively ascribed to them:

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 a sexually oriented business.

BAR: Any commercial establishment licensed by the State Department of Alcoholic Beverage Control to serve any alcoholic beverages on the premises.

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 dominant or predominant character and theme of which, are the depiction of the enumerated sexual activities or anatomical areas.

FIGURE MODEL: 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: The Health Officer of the City of Redwood City or his or her duly authorized representative.

NUDITY OR A STATE OF NUDITY: 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.

OPERATE A SEXUALLY ORIENTED BUSINESS: The supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the conduct of activities of a sexually oriented business or activities within a sexually oriented business.

PERFORMER: Any person who, whether individually, or with other persons, engages in, or participates in any live performance in which said person is seminude, exhibits specified anatomical areas, or performs, or simulates, specified sexual activities.

PERMITTEE: The person to whom a sexually oriented business permit is issued.

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

POLICE CHIEF: The Police Chief of the City of Redwood City or his or her designee.

REGULARLY FEATURES: With respect to an adult theater or adult cabaret, 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 (2) or more occasions within a thirty (30) day period; three (3) or more occasions within a sixty (60) day period; or four (4) or more occasions within a one hundred eighty (180) day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

SEMINUDE: 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.

SEXUALLY ORIENTED BUSINESS OPERATOR: A person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of a sexually oriented business or the conduct or activities occurring on the premises thereof.

SEXUALLY ORIENTED BUSINESSES: Any one of the following:

A. Adult Arcade: An establishment, the principal business of which, offers for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five (5) or fewer persons each, which are used to show films, 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. Adult Bookstore: An establishment that has a significant portion of its stock in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, videocassettes, slides, tapes, records or other forms 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 Cabaret: A nightclub, restaurant, or similar business establishment the principal business of 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) regularly features persons who appear seminude; and/or 3) shows films, 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.

D. Adult Hotel/Motel: A hotel or motel or similar business establishment, the principal business of which is to offer public accommodations for any form of consideration which: 1) provides patrons with closed-circuit television transmissions, films, 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; and 2) rents, leases, or lets any room for less than a six (6) hour period, or rents, leases, or lets any single room more than twice in a twenty-four (24) hour period.

E. Adult Motion Picture Theater: A business establishment, the principal business of which, for any form of consideration, shows films, computer generated images, motion pictures, videocassettes, slides or similar photographic reproductions distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

F. Adult Theater: 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.

G. Modeling Studio: 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".

SPECIFIED ANATOMICAL AREAS: Any of the following:

A. Less than completely and opaquely covered human: 1) genitals or pubic region; 2) buttocks; 3) female breast below a point immediately above the top of the areola;

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

C. Any device, costume or covering that simulates any of the body parts included in subsection A or B of this definition.

SPECIFIED SEXUAL ACTIVITIES: Any of the following, whether performed directly or indirectly through clothing or other covering:

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

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

C. Masturbation, actual or simulated;

D. Excretory functions as part of or in connection with any of the other activities described in subsections A through C of this definition.

ZONING ADMINISTRATOR: The Zoning Administrator or his or her designee performing the functions of such office under Ordinance No. 1130, as amended, the Zoning Ordinance of the City of Redwood City.

(Ord. No. 2141, § 2, 5-11-1998)

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, the operation of a sexually oriented business unless said person first obtains and continues to maintain in full force and effect a sexually oriented business regulatory permit as herein required.

B. It shall be unlawful for any person to engage in or participate in any live performance in a seminude state, exhibiting specified anatomical areas or involving specified sexual activities in a sexually oriented business unless said person first obtains and continues in full force and effect a sexually oriented business performer permit from the City as herein required.

(Ord. No. 2141, § 2, 5-11-1998)