§ 17.12.020. Definitions.

For the purpose of this chapter, certain terms and words are defined as follows:

A.

Adult Arcade. An establishment where, for any form of consideration, one or more motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slide or other photographic reproductions which are characterized by an emphasis upon the depiction of "specific sexual activities" or "specific anatomical areas".

B.

Adult Bookstore. An establishment which has a substantial portion of its stock-in-trade and offers for sale for any form of consideration any one or more of the following:

1.

Books, magazines, periodicals or other printed matter, or photograph, films, motion pictures, video cassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas"; or

2.

Instruments, devices or paraphernalia which are designed for use in connection with "specific sexual activities".

C.

Adult Cabaret. A nightclub, bar, restaurant or similar establishment which regularly features live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities", or film, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas".

D.

Adult Motel. A motel or similar establishment offering public accommodations for any form of consideration which provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas". Only one registration per unit per 24 hours.

E.

Adult Motion Picture Theater. An establishment where for any form of consideration which provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions are shown, and 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".

F.

Adult Theater. A theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances which are characterized by the exposure of "specified anatomical areas" or "specified sexual activities".

G.

Establishment. As used in subsection C hereof, the "establishment" of an adult entertainment business shall mean and include any of the following:

1.

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

2.

The conversion of an existing business, whether or not an adult entertainment business, to any of the adult entertainment businesses defined herein;

3.

The addition of any of the adult entertainment businesses defined herein to any other existing adult entertainment business; or

4.

The relocation of any such business.

H.

Massage Parlor. An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the State of California. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

I.

Public Park. A park, playground, swimming pool, reservoir, golf course or athletic field within the City of Beaumont which is under the control, operation or management of the City of Beaumont, the County of Riverside, the Beaumont-Cherry Valley Park and Recreation District, or the State of California.

J.

Religious Institution. A building which is used primarily for religious worship and related religious activities.

K.

School. An institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary, junior high school, middle school, senior high school or any special institution of learning under the jurisdiction of the State Department of Education, but it does not include a vocational or professional institution or an institution of higher education, including a community or junior college, college or university.

L.

Sexual Encounter Establishment. An establishment, other than hotel, motel or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons can congregate, associate of consort in connection with "specified sexual activities" of the exposure of "specified anatomical areas". This definition does not include an establishment where medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State of California engages in sexual therapy.

M.

Specified anatomical areas. As used herein, "specified anatomical areas" shall mean and include any of the following:

1.

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areole; or

2.

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

N.

Specified sexual activities. As used herein, "specified sexual activities" shall mean and include any of the following:

1.

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

2.

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

3.

Masturbation, actual or simulated; or

4.

Excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above.

O.

Substantial Expansion. As used in subsection G hereof, the "substantial expansion" of adult entertainment business shall mean the increase in floor area occupied by the business by more than 25 percent as such floor area exists on the effective date of the section.

(Ord. 920 §2, 9/2007)