Westlake Village Municipal Code Part I General Provisions

The purpose of this Chapter is to eliminate or mitigate the adverse secondary effects that can be generated by the unregulated operation of adult entertainment businesses. These adverse secondary effects include, but are not limited to: depreciation of property values; increased vacancy rates in residential and commercial areas; increased criminal activity, litter and noise; and interference with the enjoyment of residential property in the vicinity of such businesses.

Ord. No. 166-00, Enacted, 9/27/00)

A. The provisions of this Chapter are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other applicable provisions of this Code.

B. If the provisions of this Chapter conflict with or contravene any other provisions of this Code, the provisions of this Chapter shall prevail as to all matters and questions arising out of the subject matter of this Chapter.

(Ord. No. 166-00, Enacted, 9/27/00)

For the purpose of this Chapter, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

"Adult entertainment business" means any of the following:

1. Adult Arcade. An "adult arcade" is an establishment where, for any form of consideration, as a regular and substantial course of conduct one or more still or motion picture projectors, or similar machines, for viewing by five (5) or fewer persons each, are used to show films, computer-generated images, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

2. Adult Cabaret. An "adult cabaret" is an establishment that, for any form of consideration, as a regular and substantial course of conduct presents live performances that are characterized by an emphasis upon specified sexual activities or feature any semi-nude person.

3. Adult Motion Picture Theater. An "adult motion picture theater" is an establishment that, for any form of consideration, as a regular and substantial course of conduct offers to show films, computer-generated images, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

4. Adult Retail Store. An "adult retail store" is an establishment that, for any form of consideration, as a regular and substantial course of conduct offers for sale, rent, or viewing either adult entertainment material, adult entertainment merchandise or both.

5. Any business that, for any form of consideration, as a regular and substantial portion of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

"Adult entertainment material" means any audiotape, book, periodical, magazine, photograph, drawing, sculpture, motion-picture film, videotape recording, or other visual representation, characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

"Adult entertainment merchandise" means paraphernalia such as, but not limited to: dildos; vibrators; inflatable orifices; anatomical balloons with orifices; simulated vaginas and similar devices that are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity. "Adult entertainment merchandise" shall not include birth control devices.

"Characterized by an emphasis upon" means the dominant or essential theme of the object described by such phrase.

"Director" means the Director of Planning or the Director's designee.

"Entertainer" means a person who, for any form of consideration, performs at an adult entertainment business. Such persons shall constitute "entertainers" regardless of their legal relationship (e.g., employee, owner or independent contractor) with the adult entertainment business.

"Hearing Officer" means the City Manager or the City Manager's designee.

"Owner" means the following: (1) the sole proprietor of an adult entertainment business; (2) any general partner of a partnership that owns and operates an adult entertainment business; (3) the owner of a controlling interest in a corporation that owns and operates an adult entertainment business; and (4) the person designated by the officers of a corporation to be the permit holder for an adult entertainment business owned and operated by the corporation.

"Perform at an adult entertainment business" means to engage in or participate in any live performance at an adult entertainment business that is characterized by an emphasis upon specified sexual activities or features any semi-nude person.

"Permittee" means the following: (1) for the purpose of Part 2 of this Chapter, any person who has been issued an adult entertainment regulatory permit; (2) for the purpose of Part 3 of this Chapter, any person who has been issued an adult entertainer permit; and (3) for the purpose of Parts 4 and 5 of this Chapter, any person who has been issued an adult entertainment regulatory permit or an adult entertainer permit.

"Regular and substantial course of conduct" means that any of the following conditions exist:

1. At least thirty (30) percent of the stock-in-trade 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.

2. At least thirty (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 live entertainment characterized by an emphasis upon specified sexual activities or featuring any semi-nude person on any four (4) or more separate days within any thirty (30) day period.

4. The business presents non-live entertainment characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas on any four (4) or more separate days within any thirty (30) day period.

5. At least thirty (30) percent of the gross receipts of the business are derived from the sale, trade, rental, display or presentation of services, products, materials or entertainment that is characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

"Semi-nude" means a state of dress in which opaque clothing covers no more of the torso than the genitals, pubic region, buttocks and female breast, as well as portions of the body covered by supporting straps or devices. "Semi-nude" for females shall include a state of dress consisting of a bikini or lingerie.

"Specified anatomical areas" means the following:

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

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 subsections (M)(1) or (M)(2) of this Section.

"Specified sexual activities" means the following, whether performed directly or indirectly through clothing or other covering:

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

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 other activities described in subsections (N)(1) through (N)(3) of this Section.

"Substantially enlarged" means the increase in floor area occupied by an adult entertainment business by more than ten (10) percent of its floor area as it existed at the time an adult entertainment regulatory permit was issued for the business.

(Ord. No. 166-00, Enacted, 9/27/00)