§ 15-110. Definitions.

The definitions set forth below shall apply to this article:

(a)

"Adult business" means any one (1) of the following:

(1)

"Adult arcade" means an establishment where, for any form of compensation or other consideration, one (1) 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, thirty (30) percent or more of the number of which constitute adult material.

(2)

"Adult bookstore" means an establishment that has thirty (30) percent or more of its current stock in retail areas open to customers (excluding storage areas not open to customers) in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records or other form of visual or audio representations which constitute adult material.

(3)

"Adult cabaret" means a nightclub, restaurant or similar business establishment that: (i) regularly features live performances that are distinguished or characterized by an emphasis on the exposure of specified anatomical areas or specified sexual activities; (ii) regularly features persons who appear nude or semi-nude; and/or (iii) shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions, thirty (30) percent or more of the number of which constitute adult material.

(4)

"Adult hotel/motel" means a hotel, motel, lodging house or similar business establishment offering public accommodations for any form of compensation or other consideration that: (i) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions, thirty (30) percent or more of the number of which constitute adult material; and (ii) rents, leases or lets any room for less than a six-hour period, or rents, leases or lets any single room more than twice in a twenty-four-hour period.

(5)

"Adult motion picture theater" means a business establishment where, for any form of compensation or other consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and thirty (30) percent or more of the number of which constitute adult material.

(6)

"Adult theater" means a theater, concert hall, auditorium, or similar establishment that for any form of compensation or other consideration regularly features live performances which are distinguished or characterized by an emphasis on the display of specified sexual activities or specified anatomical areas.

(7)

"Modeling studio" means a business that provides, for any form of compensation or other consideration, live human 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 (a) schools maintained pursuant to standards set by the state board of education, or (b) 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 to any member of the public specified sexual activities.

(b)

"Adult business bar" means a bar-that also constitutes an adult business.

(c)

"Adult business operator" or "operator" means a person who supervises, manages, maintains, 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 or activities occurring on the premises thereof.

(d)

"Adult material" means films, motion pictures, video cassettes, photographs, films, slides, tapes, records, closed-circuit television transmissions, computer generated images, other photographic reproductions, books, magazines, periodicals, posters, and other printed matter that are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(e)

"Applicant" means a person who is required to file an application for a permit under this article, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an adult business, or a performer.

(f)

"Bar" means a bar, pub, tavern, restaurant or similar establishment that operates pursuant to an on-sale license issued by the California Department of Alcoholic Beverage Control.

(g)

"Church" means a building or structure that is used primarily for religious worship and related religious activities.

(h)

"Director" shall mean the county director of development services or his or her designee.

(i)

"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 whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. (See Pringle v. County of Covina (1981) 115 Cal.App.3d 151).

(j)

"Establish" an adult business means and includes any of the following:

(1)

The opening or commencement of any adult business as a new business;

(2)

The conversion of an existing business, whether or not an adult business, to any adult business;

(3)

The addition of any type of adult business to any other type of existing adult business; or

(4)

The relocation of any adult business.

(k)

"Liquor store" means a store that sells alcoholic beverages at retail pursuant to an off-sale license issued by the California Department of Alcoholic Beverage Control.

(l)

"Nudity" means the showing of the 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 areola, or the showing of the covered male genitals in a discernibly turgid state.

(m)

"Operate an adult business" or "operate" means the supervising, managing, maintaining, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the conduct of activities of an adult business or activities within an adult business.

(n)

"Performer" means an individual who performs, entertains, dances and/or models at an adult business in any live entertainment depicting specified anatomical areas or involving specified sexual activities.

(o)

"Permittee" means the person to whom an adult business permit or adult business performer permit is issued.

(p)

"Person" means any individual, partnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.

(q)

"Regularly features" with respect to an adult theater or adult cabaret means a regular and substantial course of conduct. Live performances that are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurring on two (2) or more occasions within a thirty-day period, or three (3) or more occasions within a sixty-day period, or four (4) or more occasions within a one hundred eighty-day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

(r)

"Residential zone" means any county zone or zoning district as described in chapter 24 of this Code that allows residential use as a principal permitted use and that allows a parcel size of smaller than five (5) acres.

(s)

"School" means any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the state board of education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, home school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.

(t)

"Sheriff" means the Butte County Sheriff, or his or her designee.

(u)

"Specified anatomical areas" means and includes any of the following:

(1)

Less than completely and opaquely covered human (i) genitals or pubic region, (ii) buttocks, and (iii) 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; and

(3)

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

(v)

"Specified sexual activities" means and includes any of 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; and

(4)

Excretory functions as part of or in connection with any of the other activities described in subdivisions (1) through (3) of this subsection.

(Ord. No. 3619, § 4, 7-25-2000)