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For the purpose of this chapter, the following definitions shall apply, unless the context otherwise requires:

“Adult bookstore” means an establishment in which fifty percent or more of either its floor area, inventory or monthly sales is devoted to stock, books, magazines, or other periodicals, films, videotapes, video discs, or other such electronic, magnetic, or other means of creating a moving image upon any screen, television, or other device, peep shows or other similar devices designed for use in individual viewing of films on the premises, which books, magazines, periodicals, films, videotapes, video discs, or other means, peep shows or similar devices are substantially devoted to the depiction of specified sexual activities or specified anatomical areas as defined herein.

“Adult businesses” means adult bookstore, adult motion picture facility, figure model studio, adult motel, adult cabaret, or massage establishment. However, a massage therapist business as defined in this section shall be excluded from the definition of adult businesses.

“Adult cabaret” means an establishment which features topless-bottomless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers.

“Adult motels” means any establishment designated as or having the characteristics of a hotel, motel, or other transient lodging facility which has or proposes to have as a feature or service offered to its customers the presentation or entertainment in the form of motion picture film, videotape, closed circuit television, or any other similar means or device which is substantially similar thereto and provided for the purpose of displaying, showing or depicting specified anatomical areas, as defined in this section for observation or viewing by persons who are customers of such establishments. This section shall apply whether charge is made or consideration exchanged for the use of rooms within such establishments for overnight accommodations or for short-term admission to view the material above described.

“Adult motion picture facility” means a facility used for presenting, whether by way of motion picture projection or television or video equipment, or peep show device, material distinguished or characterized by an emphasis on matter depicting, describing or related to specified sexual activities or specified anatomical areas for observation by patrons therein, whether in one or more auditoriums, drive-in theaters, booths or rooms within such facility.

“Figure model studio” means any premises where there is conducted the business of furnishing, providing or procuring figure models who pose for the purpose of being observed, conversed with, or viewed by any person or of being sketched, painted, drawn, sculptured, photographed, or otherwise similarly depicted in the nude or seminude for persons who pay a fee, or other consideration, compensation or gratuity, for the right or opportunity to converse with or so depict a figure model, or for admission to, or for permission to remain, or as a condition of remaining, upon the premises. “Figure model studio” does not include, for purposes of this definition, any studio which is operated by any state college, junior or community college, public or private school, or any governmental agency wherein the person, firm, association, partnership or corporation so operating has met the requirements established by the state for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma or honorary diploma.

“Massage” means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating, the external parts of the human body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliance, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments or other similar preparations commonly used in the practice of massage. Exemptions listed in Section 5.36.100 are excluded from this definition of massage.

“Massage establishment” means any establishment having a fixed place of business where any individual, firm, association, partnership or corporation engages in, conducts, carries on or permits to be engaged in, conducted or carried on, for any form of consideration whatsoever, “massages” as defined in this section.

“Massage therapist” means a person who can submit a diploma or certificate of graduation from a five-hundred-hour resident course of instruction from a recognized school of massage as defined in this section or who can submit diplomas, certificates, or other evidence demonstrating five hundred hours of cumulative education consisting of a three-hundred-hour resident course of instruction from a recognized school of massage and two hundred additional hours of resident instruction from an existing school or institution of learning outside the state of California together with a copy of the school’s approval by its State Board of Education and a certified transcript of the applicant’s school records showing date of enrollment, hours of instruction and graduation from a course having at least a minimum requirement prescribed by Title 5, Division 21, of the California Administrative Code, wherein the theory, method, profession and work of massage is taught.

“Massage therapist business” means a massage establishment in which all massage practitioners have demonstrated to the city that they qualify and meet the definition of massage therapist in this section.

“Recognized school of massage” means any school or institution of learning which teaches the theory, ethics, practice, profession or work of massage, which has been approved pursuant to the California Education Code. Schools offering a correspondence course not requiring attendance shall not be deemed a recognized school. The city shall have a right to confirm that the applicant has actually attended class in a recognized school.

“Specified anatomical areas” means:

1. Less than completely and opaquely covered:

a. Mature human genitals,

b. Mature human buttock, and

c. Mature human female breast below a point immediately above the top of the areola;

2. Human male genitals in a discernibly turgid state, even if completely or opaquely covered.

“Specified sexual activities” means:

1. Mature human genitals in a state of sexual stimulation or arousal;

2. Acts of human masturbation, sexual intercourse or sodomy;

3. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)