Tustin Municipal Code Part 4 Definitions

As used in this Article, the following terms and phrases shall have the meanings ascribed to them in this Part, unless the context in which they are used clearly requires otherwise. Terms and phrases that are not defined shall have the common meanings ascribed to them in Webster's or other dictionaries recognized as "standard."

Abandoned. Ceased or suspended for one (1) year or more, as determined by the Director.

Adult entertainment. Dancing, modeling, stripping, or other conduct which is distinguished or characterized by an emphasis on depicting or suggesting specified sexual activities or exposing or suggesting the exposure of specified anatomical areas.

Adult entertainment booking agency. A person, as defined herein, who in exchange for a fee, charge, or other form of consideration, provides or arranges for adult entertainment, whether by employee, independent contractor, or other arrangement.

Amusement activity. A carnival, circus, fair, boxing or wrestling exhibition, ferris wheel, marathon, bicycle or road race, zoo, menagerie, merry-go round, rodeo, trained animal show, wild animal show, traveling show, wild west show, street dance, or any other similar or related type of amusement, place, or activity, which takes place on a temporary basis on public property, private property, or in City streets and is open to the public. The term shall not include activities such as petting zoos, pony rides, children's attractions, and other minor amusements that are accessory to City-approved temporary uses.

Autobroker. An auto dealer who engages in the business of brokering motor vehicles.

Auto dealer. A person who:

(1) For commission, money, or other thing of value, sells, exchanges, buys, or offers for sale, negotiates, or attempts to negotiate, a sale or exchange of an interest in, a motor vehicle, or induces or attempts to induce any person to buy or exchange an interest in a vehicle and who receives or expects to receive a commission, money, brokerage fees, profit, or any other thing of value, from either the seller or purchaser of said vehicle; or

(2) Is engaged wholly or in part in the business of selling motor vehicles or buying or taking in trade, motor vehicles for the purpose of resale, selling, or offering for sale, or consigned to be sold, or otherwise dealing in motor vehicles, whether or not such motor vehicles are owned by such person.

The term "auto dealer" does not include a person who:

a. Does not sell motor vehicles at retail;

b. Is regularly employed as a salesperson by an auto dealer licensed under this Part while acting within the scope of that employment;

3. Is not engaged in the purchase or sale of motor vehicles as a business; or

4. Is a "pawnbroker."

Bingo game. A game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random.

Body art. The practice of physical body adornment including, but not limited to, the following techniques: body piercing, tattooing or application of permanent cosmetics.

Body art facility. The area within a building or other location in which a practitioner performs body piercing, tattooing or application of permanent cosmetics, as defined in this Chapter, including the preparation and procedure area.

Body piercing. The creation of an opening in the human body for the purpose of inserting jewelry or decorative objects. This includes, but is not limited to, piercing of an ear, lip, tongue, nose, belly button, cheek, forehead or eyebrow. Body piercing does not, for the purpose of this Chapter, include piercing the leading edge, or earlobe of the ear, with a sterile, disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear.

Brokering. An arrangement under which an auto dealer, for a fee or other consideration, provides or offers to provide the service of arranging, negotiating, assisting, or effectuating the purchase of a new or used motor vehicle, not owned by the auto dealer, for another or others.

Business establishment. Any retail store, food market, theater, restaurant, service station, bar, hotel, motel, or any other establishment which is open to, and provides, the public with any goods or services.

Cannabis business. Any person, association, business, facility, use, establishment, location, delivery service, cooperative, collective, or provider, whether fixed or mobile, that possesses, cultivates, processes, distributes, makes available or otherwise facilitates the distribution of cannabis (in any form or incorporated into any other product), whether for recreational or medicinal use, to any person, including, but not limited to, a qualified patient, a person with an identification card, or a primary caregiver as those terms are defined in California Health and Safety Code Sections 11362.5 and 11362.7 et seq., as may be amended from time to time.

"Cannabis Business" shall not include the following:

(1) An individual aged twenty-one (21) years or older who:

(a) Possess, processes, transports, purchases, obtains or gives away to adults aged twenty-one (21) years or older without compensation whatsoever, recreational marijuana; or

(b) Possesses, plants, cultivates, harvests, dries, or purchases six (6) or fewer living marijuana plants or who possesses the marijuana produced by those plants, provided that such activity is conducted within the person's "private residence", as that phrase is defined by California Health and Safety Code Section 11362.2(b)(5), or upon the grounds of that private residence, provided that such activities are conducted within a fully enclosed, locked space, and are not visible by normal unaided vision from a public place.

(2) A business entity licensed pursuant to, and acting in compliance with, California Business and Professions Code Section 26000 et seq. and California Code of Regulations Sections 15400 et seq., which engages in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients to a location within the City, provided that the following conditions are met:

(a) The method of delivery is in full compliance with the provisions of California Business and Professions Code Section 26090 et seq. and California Code of Regulations Sections 15400 et seq. (as may be amended from time to time);

(b) The delivery is made to a building on a residential property with an existing physical address. For purposes of this section, a "residential property" is limited to the following: any dwelling unit, including single-family, multi-family, and accessory dwelling units, apartment, condominium, duplex, hotel, motel, mobile home, rest home, or townhouse or townhome as those terms are defined by Section 9297 of this Code;

(c) The delivery is not made to any of the following, regardless of whether the location is a "residential property" as described in subsection (b) of this section:

1. Any address located on publicly owned land or any address on land or in a building leased by any public agency, as that phrase is defined by California Government Code Section 6500; or

2. Any school providing instruction in kindergarten or any grades 1 through 12, day care center, or youth center, whether such institution or entity is public or private.

3. Any public or private park. For purposes of this section, "public or private park" shall mean any park operated by the City or any park situated on privately owned property within the City that is generally open for public use and shall include all sidewalks or other public rights-of-way which are located immediately adjacent to any public or private park. A park shall be deemed generally open for public use if it is open to any person(s) other than the owner of the privately owned property upon which the park is situated, including, but not limited to, tenants, guests, or customers.

(d) The delivery must originate from an entity licensed pursuant to, and acting in compliance with, California Business and Professions Code Section 26000 et seq. which is not located within the City of Tustin.

For purposes of this section the terms "medicinal cannabis" and "medicinal cannabis patients" shall have the same meanings as those terms are defined in California Business and Professions Code Section 26321(b).

Check casher. A person that for compensation engages in the business of providing pay day loans or cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose as cash, not including a state or federally charted bank, savings association, credit union, industrial loan company, or retail seller engaged primarily in the business of selling consumer goods that cashes checks or issues money orders for a minimum flat fee not exceeding an amount established by State Law, as a service to its customers that is incidental to its main purpose or business.

City. The City of Tustin.

Compensation. The payment, loan, advance, donation, contribution, deposit, or gift of money or anything of value.

Convicted, conviction. A plea or verdict of guilty or a conviction following a plea of nolo contendere.

Director. The Director of the Finance Department or designee.

Employee. An individual who works for another in return for financial or other compensation, including an independent contractor.

Establish an adult entertainment booking agency. Includes any of the following:

(1) To open or commence an adult entertainment booking agency, as a new business;

(2) To add adult entertainment booking agency services to an existing business; or

(3) To relocate any adult entertainment booking agency.

Firearm. Any device, designed to be used as a weapon, from which is expelled through a barrel a projectile by the force of any explosion or other form of combustion.

For pay. The exchange of a service or merchandise for a fee, reward, donation, loan, or receipt of anything of value.

Fortunetelling. The telling of fortunes, forecasting of fortunes, or furnishing of any information not otherwise obtainable by ordinary process of knowledge, by means of any occult, psychic power, clairvoyance, clairaudience, cartomancy, phrenology, spirits, tea leaves, or other such reading, mediumship, augury, astrology, palmistry, necromancy, mindreading, telepathy, or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, gypsy cunning or foresight, crystal gazing, oriental mysteries or magic, of any kind or nature.

Garage sale. A garage, yard, lawn, patio, or similar type sale held anywhere on the premises in any residential property for the purpose of disposing of personal property owned by the person or persons conducting the sale.

Goods. Tangible personal property, including motor vehicles, but excluding secondhand items such as books, sports equipment, clothing, and furniture.

Large outdoor gathering. A music festival, dance festival, public dance, show, exhibition, fair, or any other organized outdoor gathering or activity, which takes place on a temporary basis on public property or private property with the property owner's consent, and is anticipated to be attended by more than five hundred (500) persons at any one time. Parades, marches, or organized gatherings involving more than twenty-five (25) people on City streets or sidewalks are not governed by this Article 3.

Live entertainment. Includes live music, dance, comedy, fashion, illusionist, or dramatic performances in bars, restaurants, public spaces at shopping malls, other places open to the public, or on public property with the property owner's consent. Except that for purposes of this Article, live entertainment does not include single performers, duos, disc jockeys, karaoke singers, or sexually oriented businesses.

Mobile automobile service. A service that has no regular fixed location or services and generally comes to businesses to provide vehicle washing, cleaning, and/or maintenance. The term shall not include temporary car wash fundraisers that have temporary use permits.

Mobile vendor, mobile vending. Mobile Vendor means persons who operate a mobile vending business, including an owner or operator of the vehicle used in the business. A mobile vending business offers products, food, or services for sale from a vehicle on a public street or while parked on a public street. Mobile vending does not include mobile automobile services, delivery services, plumbers, electricians, landscapers, roofers, pizza or restaurant delivery services or the delivery of stamps to a postal box by the United States Postal Service.

Motor vehicles. Vehicles of a type subject to registration or motorcycles of a type subject to identification or State registration.

Pattern of violation. Three (3) or more violations within two (2) years.

Pawnbroker. Any person, partnership, firm, or corporation engaged in the business of receiving goods in pledge as security for a loan. "Receiving goods as security for a loan" does not include the good faith, outright purchase of goods.

Permanent cosmetics. The application of pigments to or under human skin for the purpose of permanently changing the color or other appearance of the skin. This includes, but is not limited to, permanent eyeliner, eye shadow, or lip color.

Permit. An official document or certificate issued by the Director, Planning Commission, or City Council authorizing performance of a specified activity.

Person. An individual person, joint venture, association, partnership, limited liability company, corporation or other entity.

Property. Something tangible or intangible to which its owner has legal titles.

Secondhand dealer. Includes any person engaged in the business of buying, selling, trading, accepting for sale on consignment, accepting for auctioning, auctioning, or taking in pawn secondhand tangible personal property. "Secondhand Dealer" does not include:

(1) A coin dealer or participants at gun shows or events, as those terms are defined in Business and Professions Code Section 21626 or successor provisions;

(2) A person performing the services of an auctioneer for a fee or salary; or

(3) A person whose business is limited to the reconditioning and selling of major household appliances, provided the appliances are not traded, taken in pawn, accepted for drop off, accepted for sale on consignment, accepted for auction, auctioned, or bought except in bulk.

Sexually oriented business. An adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion picture theater, adult tanning salon, adult theater, adult stripper or dancer, sexual encounter establishment, sex supermarket/sex mini-mall, or nude model studio.

Specified anatomical areas. Include any of the following:

(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areola;

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

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

Specified sexual activities. Include any of the following:

(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts, whether of self or another;

(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 activities described in subdivision (1) through (3) of this subsection;

(5) Striptease, or the removal of clothing, or the wearing of transparent or diaphanous clothing, including models dressed only in lingerie to the point where specified anatomical areas are exposed;

(6) Human genitals in a state of sexual stimulation, arousal, or tumescence; or

(7) The actual or simulated infliction of pain by one human upon another, or by an individual upon himself/herself, for the purpose of the sexual gratification or release of either individual, as a result of flagellation, beating, striking, or touching of an erogenous zone, including without limitation, the thigh region, genitals, buttocks, pubic region, or, if such person is a female, a breast.

State check casher permit. A permit issued by the California Department of Justice authorizing a person to engage in the business of check casher.

Tangible personal property. Includes, but is not limited to, the following:

(1) All secondhand personal property, excluding motor vehicles, which bears, or at the time acquired by the dealer bears, evidence of having had a serial number or personalized initials or inscription;

(2) All tangible personal property, new or used, including motor vehicles, received in pledge by a pawnbroker;

(3) All personal property for which a report is required to be made under the provisions of Division 8 of the Financial Code regarding pawnbroker regulations, and Chapter 9 of Division 8 of the Business and Professions Code regarding secondhand goods, or successor provisions.

The term shall not include secondhand books, CDs, sports equipment, clothing, or furniture.

Tattooing. To pierce or puncture the human skin with a needle or other instrument for the purpose of the application of pigments or the inserting of pigment under the surface of the skin; the application of pigments or inks inserted into or under the skin for the purpose of producing a mark or by production of scars.

Transfer of ownership. 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 ownership or control of the business, including the transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.

Weapon. Any firearm or explosive device, or any device designed to be used in offensive or defensive combat or for sport, whether or not the weapon will be so used, and which is otherwise allowed by law to be possessed or sold.

(Ord. No. 1252, Sec. II, 6-3-02; Ord. No. 1274, Sec. 5, 4-21-03; Ord. No. 1289, Sec. 3, 1-3-05; Ord. No. 1324, Sec. III, 3-20-07; Ord. No. 1380, Sec. IV, 6-15-10; Ord. No. 1407, Sec. III, 11-15-11; Ord. No. 1409, Sec. 1, 1-3-12; Ord. No. 1462, Sec. III, 11-3-15; Ord. No. 1466, Sec. 2, 1-19-16; Ord. No. 1478, Sec. 1, 4-4-17; Ord. No. 1540, Secs. 2, 3, 3-5-24)