§ 791.

DEFINITIONS

For the purpose of this Article, the following words and phrases shall mean and include:

a.

Adult Bookstore. An establishment having 25 percent or more of its total inventory or product lines books, magazines or periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to “Specified Sexual Activities” or “Specified Anatomical Areas” as defined herein, or an establishment which devotes 25 percent or more of its floor or display space to the sale or display of such material. The term “product line” refers to items which are all identical, such as numerous copies of the same book or periodical.

b.

Adult Theater. A theater as defined herein which is used more than 10 percent of its presentation time, measured on an annual basis, for the exhibition or display of entertainment which is distinguished or characterized by an emphasis on matter depicting, describing or relating to “Specified Sexual Activities” or “Specified Anatomical Areas” as defined herein.

c.

Specified Sexual Activities.

1. 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.

d.

Specified Anatomical Areas.

1. Less than completely and opaquely covered

a.

Human genitals, pubic hair, buttock, natal cleft, perineum, anal region, and

b.

Female breast at or below the areola thereof; and

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

e.

Person. An individual, firm, partnership, joint adventure, association, social club, fraternal organization, joint stock company, corporation, estate trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit excepting the United States of America, the State of California, and any political subdivision of either thereof.

f.

Entertainment. Any act, play, revue, pantomime, scene, song, dance act, or song and dance act, conducted or participated in by one or more persons, whether or not such person or persons are compensated for such performance.

g.

Operator. Any person operating an adult theater or an adult bookstore in the City and County of San Francisco, including, but not limited to, the owner or proprietor of such premises, lessee, sublessee, mortgagee in possession, or any other person operating such adult theater or adult bookstore.

h.

Theater. A building or part of a building intended to be used for the specific purposes of presenting entertainment, as defined herein, or displaying motion pictures, slides or closed circuit television pictures before an individual or assemblage of persons, whether such assemblage be of a public, restricted or private nature, except a home or private dwelling and for which no fee, by way of an admission charge, is made.

History

(Amended by Ord. 99-85, App. 2/25/85)

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