9.13.020 Definitions.
For purposes of this chapter, the words and phrases defined in the subsections hereunder shall have the meanings therein respectively ascribed to them unless a different meaning is clearly indicated by the context.
A. “Adult arcade” shall mean a business establishment to which the public is permitted or invited and where coin, card or slug operated or electronically, electrically or mechanically controlled devices, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image-producing devices are maintained to show images on a regular or substantial basis, where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing “specified sexual activities” or “specified anatomical areas.” Such devices shall be referred to as “adult arcade devices.”
B. “Adult bookstore” or “adult video store” means a commercial establishment which, as a regular and substantial course of conduct, offers for sale or rental for any form of consideration any one or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the display of “specified sexual activities” or “specified anatomical areas.”
C. “Adult booth/individual viewing area” shall mean a partitioned or partially enclosed portion of a sexually oriented business used for any of the following purposes:
1. Where a live or taped performance is presented or viewed, where the performances and/or images displayed or presented are distinguished or characterized by their emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas”; or
2. Where “adult arcade devices” are located.
D. “Adult cabaret” means a business establishment (whether or not serving alcoholic beverages) that features “adult live entertainment.”
E. “Adult cabaret dancer” shall mean any person who is an employee of an “adult cabaret” who, with or without any compensation or other form of consideration, performs live entertainment and whose performance on a regular and substantial basis focuses on or emphasizes the adult cabaret dancer’s breasts, genitals, and/or buttocks, but does not involve exposure of “specified anatomical areas” or depicting or engaging in “specified sexual activities.” “Adult cabaret dancer” does not include a patron.
F. “Adult hotel/motel” shall mean a “hotel” or “motel” (as defined in the Municipal Code) that is used for presenting on a regular and substantial basis images through closed circuit television, cable television, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image-producing devices that are distinguished or characterized by the emphasis on matter depicting or describing or relating to “specified sexual activities” or “specified anatomical areas.”
G. “Adult live entertainment” shall mean any physical human body activity, whether performed or engaged in alone or with other persons, including, but not limited to, singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which: (1) the performer (including, but not limited to, topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar performers) exposes to public view, without opaque covering, “specified anatomical areas”; and/or (2) the performance or physical human body activity depicts, describes, or relates to “specified sexual activities” whether or not the specified anatomical areas are covered.
H. “Adult model studio” means a business establishment which provides for any form of consideration the services of a live human model, who, for the purposes of sexual stimulation of patrons, displays “specified anatomical areas” to be observed, sketched, photographed, filmed, painted, sculpted, or otherwise depicted by persons paying for such services. “Adult model studio” does not include schools maintained pursuant to standards set by the Board of Education of the state of California including the following:
1. A college, junior college, or university supported entirely or partly by taxation; or
2. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.
I. “Adult motion picture theater” means a commercial establishment where films, motion pictures, videocassettes, slides, or similar photographic reproductions which are characterized by their emphasis upon the display of “specified sexual activities” or “specified anatomical areas” are regularly shown to more than five persons for any form of consideration.
J. “Adult oriented material” shall mean accessories, paraphernalia, books, magazines, laser discs, compact discs, digital video discs, photographs, prints, drawings, paintings, motion pictures, pamphlets, videos, slides, tapes, holograms or electronically generated images or devices, including computer software, or any combination thereof that is distinguished or characterized by its emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas.” “Adult oriented material” shall include “sexually oriented merchandise.”
K. “Adult retail store” shall mean a business establishment having as a regular and substantial portion of its stock in trade “sexually oriented material.”
L. “Characterized by” means describing the essential character or quality of an item. As applied in this chapter, no business shall be classified as a sexually oriented business by virtue of showing, selling, or renting materials rated NC-17 or R by the Motion Picture Association of America.
M. “Chief of Police” means the Chief of Police of the City of Chula Vista or his/her designee.
N. “City” means the City of Chula Vista, California.
O. “Employee” describes and pertains to any person who performs any service on the premises of a sexually oriented business, on a full time, part time, or contract basis, regardless of whether the person is denominated an employee, independent contractor, agent, lessee, or otherwise. Employees shall include “cabaret dancers,” “performers” and “nonperformers.” “Employee” does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
P. “Establish” or “establishment” means and includes any of the following:
1. The opening or commencement of any sexually oriented business as a new business;
2. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
3. The addition of any sexually oriented business to any other existing sexually oriented business;
4. The relocation of any “sexually oriented business”; or
5. Physical changes that expand the square footage of an existing “sexually oriented business” by more than 10 percent.
Q. “Floor space” means the floor area inside an establishment that is visible or accessible to patrons for any reason, excluding restrooms.
R. “Influential interest” in a sexually oriented business means any of the following: (1) the actual power to operate the sexually oriented business or control the operation, management or policies of the sexually oriented business or any legal entity which operates the sexually oriented business (an “operator” is deemed to have an influential interest in the sexually oriented business); (2) possession or control of any right, title or interest in or to 30 percent or more of the ownership of a sexually oriented business or of any legal entity with ownership or management authority of a sexually oriented business, including any security interest therein with rights of ownership or management authority upon default; or (3) holding an office (e.g., president, vice president, secretary, treasurer, managing member, managing director, etc.) in a legal entity which operates or has a 30 percent or more ownership interest in the sexually oriented business.
S. “Licensee” means a person in whose name a regulatory license to operate a sexually oriented business has been issued, as well as the individual or individuals listed as an applicant on the application for a sexually oriented business regulatory license.
T. “Nonperformer” shall mean a person who is an employee of a sexually oriented business, but does not satisfy the definition of a “performer,” who works in the sexually oriented business during regular business hours. This shall not include after hours workers providing janitorial, trash or similar after hours services.
U. “Operator” means any person on the premises of a sexually oriented business who manages, supervises, or controls the business or a portion thereof. A person may be found to be an operator regardless of whether such person is an owner, part owner, or licensee of the business.
V. “Performer” shall mean a person who is an employee of an adult business or any other person who, with or without any compensation or other form of consideration, provides “adult live entertainment” for patrons of a “sexually oriented business.”
W. “Person” means an individual, proprietorship, partnership, corporation, association, or other legal entity.
X. “Premises” means the real property upon which the sexually oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the licensee, as described in the application for a sexually oriented business regulatory license.
Y. “Sexually oriented business” means:
1. A business establishment or concern that as a regular and substantial course of conduct operates as an “adult bookstore or adult video store,” “adult cabaret,” “adult motion picture theater,” “adult model studio,” “adult retail store,” “adult arcade,” or “adult motel or hotel.”
2. A business establishment or concern which as a regular and substantial course of conduct offers, sells or distributes “sexually oriented material” or “sexually oriented merchandise,” or which offers to its patrons materials, products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” but not including those uses or activities which are preempted by state law.
3. For purposes of the Bayfront Specific Plan and the Eastlake II Planned Community District, the term “cabaret” shall have the same meaning as the term “sexually oriented business” as defined at subsections (Y)(1) and (Y)(2) of this section.
Z. “Sexually oriented merchandise” shall mean sexually oriented implements, paraphernalia, or novelty items such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity or distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas.”
AA. “Specified anatomical areas” means and includes:
1. Less than completely and opaquely covered: human genitals; pubic region; buttock; and 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.
BB. “Specified criminal activity” means any of the following specified crimes for which (1) less than two years have elapsed since the date of conviction or the date of release from confinement for the conviction to the date of application, whichever is the later date, if the conviction is a misdemeanor; or (2) less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction to the date of application, whichever is the later date, if the conviction is a felony; or (3) less than five years have elapsed since the date of the last conviction or the date of release from confinement for the conviction to the date of application, whichever is the later date, if the convictions are two or more misdemeanors or combination of misdemeanor offenses occurring within any 24-month period:
1. Rape offenses set forth in California Penal Code Section 261;
2. Pimping or soliciting offenses set forth in California Penal Code Section 266(h);
3. Pandering offenses set forth in California Penal Code Section 266(i);
4. Any offense described in California Penal Code Sections 311 (311(a), Obscene Matter) and 313 (Harmful Matter);
5. Lewd, indecent, or obscene conduct offenses set forth in California Penal Code Section 314, 647(a) or 647(d);
6. Gambling or prostitution offenses set forth in California Penal Code Section 315, 316, 318 or 647(b);
7. Sex offenses requiring registration under California Penal Code Section 290;
8. An offense involving the unlawful possession for sale, sales, furnishing or giving of, or transportation of a controlled substance, including, but not limited to, the following offenses described in California Health and Safety Code Section 11054, 11055, 11056, 11057, 11058, 11171, 11351, 11351.5, 11352, 11357.5, 11359, 11360, 11375, 11378, 11378.5, or 11379; or
9. Any offense in another jurisdiction that, had the predicate act(s) been committed in California, would have constituted any of the foregoing offenses.
CC. “Specified sexual activities” shall mean and include any of the following, irrespective of whether performed directly or indirectly through clothing or other covering:
1. Intentional presentation of human genitals in a state of sexual stimulation or arousal; and/or
2. Acts of human masturbation, sexual stimulation or arousal; and/or
3. Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; and/or
4. Masochism, erotic or sexually oriented torture, beating, or the infliction of pain, or bondage and/or restraints; and/or
5. Human excretion, urination, menstruation, vaginal or anal irrigation; and/or
6. Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.
DD. “Transfer of ownership or control” of a sexually oriented business means any of the following:
1. The sale, lease, or sublease of the business;
2. The transfer of an interest which constitutes an “influential interest” in the business, whether by sale, exchange, assignment, pledge 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. (Ord. 3315 §§ 2(1), 2(2), 2014; Ord. 3241 § 2, 2012).