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The following words and phrases shall, for the purpose of this chapter be defined as follows, unless it is clearly apparent from the context that another meaning is intended: (1)
"Adult business" means an establishment or concern which as a regular and substantial course of conduct performs or operates, for any form of consideration, any one or more of the following:
(A)
"Adult arcade" means an establishment where, for any form of consideration, one or more motion picture projectors, slide projectors, video projectors, or other similar forms of machine or technology, for the viewing by five or fewer persons each, which, as a regular and substantial course of conduct are used to show films, motion pictures, video cassettes, slides or other photographic or electronic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
(B)
"Adult bookstore, adult novelty store or adult video store" means an establishment which has as a regular and substantial portion of its business and offers for sale, rent or viewing, for any form of consideration, any one or more of the following:
(i)
Books, magazines, periodicals or other printed matter, which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and/or
(ii)
Photographs, films, motion pictures, videos, slides or other photographic or electronic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and/or
(iii)
Instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities, with the exception of birth control devices.
(C)
"Adult cabaret" means a nightclub, restaurant, bar, or similar business establishment which:
(i)
Regularly features live performances, which are distinguished or characterized by an emphasis upon the display of specified sexual activities and/or specified anatomical areas; and/or
(ii)
Which regularly features persons who appear semi-nude; and/or
(iii)
Shows films, computer generated images, or 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" means a hotel or motel or similar establishment offering public accommodations for any form of consideration which:
(i)
Provides patrons with closed-circuit television transmissions, films, motion pictures, videos, slides or other photographic or electronic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas, and which advertises the availability of this adult type of material by means of a sign visible from the public right-of-way or by means of any off-premises advertising including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or
(ii)
Rents, leases, or lets any single guest room for less than a ten hour period, or rents, leases or lets any single guest room more than twice in a twenty-four hour period; or
(iii)
Allows a tenant or occupant to sub-rent the guest room for a time period of less than a ten hour period or more than twice in a twenty-four hour period.
(E)
"Adult lingerie modeling business" means an establishment where, for any form of consideration, lingerie, which exposes specified anatomical areas, is modeled by a person or persons for viewing by adults.
(F)
"Adult massage parlor" means any place where, for any form of consideration or gratuity, massage or any other manipulation of the human body regularly occurs, and where any person providing such manipulation or service related thereto, exposes his or her specified anatomical areas or engages in specified sexual activities. The definition of adult business shall not include the practice of massage in any licensed hospital, nor by a licensed physician, acupressurist, acupuncturist, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor, or osteopath, nor by trainers for any amateur, semi-professional or professional athlete or athletic team or school athletic program.
(G)
"Adult modeling studio" means any establishment which regularly provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who display specified anatomical areas or engage in specified sexual activities 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 or schools maintained by an individual artist or group of artists, and which does not provide, permit, or make available specified sexual activities.
(H)
"Adult motion picture theater" means an establishment which as a regular and substantial course of conduct offers to show, for any form of consideration, films, motion pictures, videos, slides or similar photographic or electronic reproductions, in which a substantial portion of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
(I)
"Adult tanning salon" means an establishment where patrons receive tanning services in groups of two or more and where patrons or employees of the establishment expose specified anatomical areas. Adult tanning salon shall also include a business establishment where a patron and employee of the establishment are nude or expose specified anatomical areas. An adult tanning salon shall also include a business establishment where the employees thereof are nude or expose specified anatomical areas.
(J)
"Adult theater" means a theater, concert hall, auditorium or similar establishment, which as a regular and substantial course of conduct regularly features, for any form of consideration, live performances which are characterized by the exposure of specified anatomical areas or by the depiction of specified sexual activities.
(K)
"Outcall adult business" means any adult business which as a regular and substantial portion of its business offers, for any form of consideration, to its patrons or customers, products, merchandise, services and/or entertainment, of any type, which are distinguished or characterized by an emphasis on matter exposing, exhibiting, depicting, describing or relating to specified anatomical areas or specified sexual activities, and which business may or may not be located within the city, and where such activity occurs is not located at a fixed location, but occurs at a location within the city limits designated by the patron or customer.
(L)
"Sexual encounter establishment" means an establishment, other than a hotel, motel or similar establishment, which, for any form of consideration as a regular and substantial course of conduct, provides a place where two or more persons may congregate, associate or consort in connection with specified sexual activities or the exposure of specific anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in sexual therapy.
(M)
Any other business or concern which as a regular and substantial portion of its business offers, for any form of consideration, to its patrons, products, merchandise, services or entertainment which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified anatomical areas or specified sexual activities, but not including those uses or activities the regulation of which is preempted by state law.
(2)
"Adult business performer" means any person who performs live entertainment for patrons of an adult business located at a fixed location, or for patrons or customers of an outcall adult business, as defined in this section, whether or not the performer receives any remuneration, tips, gratuities of any kind, or pays the owner or operator for permission to perform in the adult business.
(3)
"Applicant/person" means any individual, proprietorship, partnership, copartnership, corporation, joint stock company, firm, association, transferee of a controlling ownership or interest in an adult business, or other legal entity.
(4)
Distinguished or Characterized by an Emphasis Upon. As used in this chapter, the term "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 film so described are those whose dominant or predominant character are the depiction of the specified sexual activities or specified anatomical areas. See Pringle v. City of Covina (1981) 115 Cal.App.3d 151.
(5)
"Employee" means any person who works or performs in and/or for an adult business establishment, regardless of whether or not such person is paid a salary, wage or other compensation by the operator of such business, or whether or not the employee is considered an independent contractor or consultant.
(6)
"Establishment of an adult business" includes any of the following:
(A)
The opening or commencement of any adult business as a new business;
(B)
The conversion of an existing business, whether or not an adult business, to any of the adult businesses defined herein;
(C)
The addition of any of the adult businesses defined herein to any other existing adult business; or
(D)
The relocation of any such adult business.
(7)
"Figure model" means any person who, for pecuniary compensation, consideration, hire or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculpted, photographed or otherwise depicted, displaying his/her specified anatomical areas or engaging in specified sexual activities.
(8)
"Nude," "nudity" or "state of nudity" mean and include the following:
(A)
A state of dress which fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast;
(B)
The showing of the covered human male genitals in a discernibly turgid state.
(9)
Operate an Adult Business. As used in this chapter, "operate an adult business" means the supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of an adult business or activities of an adult business.
(10)
"Operator" means any person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an adult business or the conduct of activities occurring on the premises of an adult business.
(11)
"Permitted or licensed premises" means any establishment that requires a license and/or permit, and that is classified as an adult business.
(12)
"Permittee" means any person in whose name a permit to operate an adult business has been issued, as well as the individual(s) listed as an applicant on the application for a permit and/or license.
(13)
"Public park" means a park or recreation area which has been designated for park or recreational activities, including but not limited to, a playground, swimming pool, golf course or athletic field within the city which is under the control, operation or management of the city, the county, the state or other public agency.
(14)
Regular and Substantial Course of Conduct and/or Regular and Substantial Portion of its Business. Any business shall be considered an adult business where any of the following conditions exist:
(A)
A regular and substantial course of conduct of the business is devoted to adult materials, except for mail order businesses or wholesale businesses with no patrons on the premises; and/or
(B)
The business or concern presents any type of entertainment, live or otherwise, characterized by an emphasis on specified sexual activity or specified anatomical areas on any two or more separate days within any thirty day period; three or more occasions within a sixty day period; or four or more occasions within a one hundred eighty day period; and/or
(C)
A regular and substantial portion of the gross receipts of the business are derived from the sale, trade, rental, display or presentation of services, products, materials, entertainment, which is characterized by an emphasis on specified sexual activity or specified anatomical areas.
(15)
Regularly Features. The term "regularly features" means a regular and substantial course of conduct distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities which occur on two or more occasions within a thirty day period; three or more occasions within a sixty day period; or four or more occasions within a one hundred eighty day period, and shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.
(16)
"Religious institution" means an establishment which is used primarily for religious services, and related religious activities.
(17)
"School" means any child care facility, or an institution of learning for minors, whether public or private. This definition includes nursery schools, preschools, schools with any of the grades kindergarten through twelfth grade, or any special institution of education for minors, but it does not include vocational or professional institutions of higher education, including a community or junior college, college or university.
(18)
"Semi-nude" means 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 strap devices.
(19)
"Sheriff's department" means and includes the Los Angeles County sheriff's department and the sheriff's department license detail. The sheriff's department shall represent the law enforcement agency of the city.
(20)
"Specified anatomical areas" means and includes any of the following, whether performed directly or indirectly through clothing or other covering:
(A)
Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or the female breast below a point immediately above the top of the areola;
(B)
Human male genitals in a discernible turgid state, even if completely and opaquely covered;
(C)
Any device, costume or covering that stimulates any of the body parts included in subsections (A) and (B) of this definition.
(21)
"Specified criminal acts" means and includes any of the following:
(A)
Less than two years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, for a misdemeanor offense for sexual crimes against children, sexual abuse, rape, distribution of obscenity or material harmful to minors, prostitution, pandering, pimping, lewd conduct, indecent exposure, or municipal code violations specific to adult businesses;
(B)
Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, for one or more felony convictions for sexual crimes against children, sexual abuse, rape, distribution of obscenity or material harmful to minors, prostitution, pandering, pimping, lewd conduct, indecent exposure, or municipal code violations specific to adult businesses;
(C)
Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, for the conviction of two or more misdemeanor offenses for sexual crimes against children, sexual abuse, rape, distribution of obscenity or material harmful to minors, prostitution, pandering, pimping, lewd conduct, indecent exposure or municipal code violations specific to adult businesses;
(22)
"Specified sexual activities" means and includes any of the following:
(A)
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(B)
Sex acts, actual or simulated, including intercourse, oral copulation or sodomy;
(C)
Masturbation, actual or simulated; or
(D)
Excretory functions as part of or in connection with any of the other activities described in subsections (A) through (C) of this definition.
(23)
"Substantially enlarged" means a ten percent increase in floor area occupied by the business as it existed on the effective date of this chapter.
(24)
"Transfer of ownership or control of an adult business" means and includes any of the following:
(A)
The sale, lease or sublease of the business;
(B)
The transfer of securities which constitute a controlling financial interest in the business, whether by sale, exchange, or similar means;
(C)
The establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.
(Ord. 539 §2(part), 1999).