Folsom City Zoning Code

means any place, building, enclosure or structure, partially or entirely used for “live adult entertainment,” as defined in this section, performances or presentations characterized by an emphasis on depicting, exposing, displaying, or describing or relating to “specified sexual activities,” “specified anatomical areas” or men and/or women in a “state of nudity” or “state of partial nudity” for observation by patrons or customers therein. “Live adult entertainment” means 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 the performer(s) expose to public view without opaque covering “specified anatomical areas” or appear in a “state of nudity” or a “state of partial nudity” for any form of consideration.

means any business where coin, paper, note, or token-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to four or fewer persons per machine, at any one time, and where the predominant character or theme of the images so displayed is distinguished or characterized by its emphasis on matters depicting, or relating to “specified sexual activities,” “specified anatomical areas” or men and/or women in a “state of nudity” or “state of partial nudity.” For purposes of this chapter, motion pictures receiving up to an “NC17” rating from a generally recognized movie rating organization shall not be deemed to be included in the definition of an adult motion picture or video arcade.

means any business, other than a hotel or motel which regularly provides closed-circuit viewing to each individual room as a secondary service to its hotel or motel customers, with the capacity for five or more persons where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions in which the predominant character and theme is distinguished or characterized by its emphasis on matters depicting or relating to “specified sexual activities,” “specified anatomical areas” or men and/or women in a “state of nudity” or “state of partial nudity” as defined in this section, are regularly shown. This includes, without limitation, showing any such slides, motion pictures or videos by means of any video tape system which has a display, viewer, screen, or a television set. For purposes of this chapter, motion pictures receiving up to an “NC17” rating from a generally recognized movie rating organization shall not be deemed to be included in the definition of an adult motion picture theater.

means any establishment, business or concern which, as a regular course or conduct of the business, offers or engages in the display of “specified anatomical areas,” “specified sexual activity,” or men and/or women in a “state of nudity,” or “state of partial nudity,” as defined in this section, by patrons, employees or anyone on the premises, and includes without limitation the following types of establishments:

means the chief of police or his/her designee.

means the city manager or his/her designee.

describe and pertain to any person who performs any service on the premises of an adult entertainment establishment, on a full time, part time, or contract basis, regardless of whether the person is denominated an employee, independent contractor, agent, or otherwise. “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.

means and includes any of the following:

An “adult related business” shall not include:

means any business featuring a live person displaying “specified sexual activities,” “specified anatomical areas” or men and/or women in a “state of nudity” or “state of partial nudity,” as defined in this section, for compensation, whether monetary or any other form of consideration and for the purpose of being observed, sketched, photographed, painted, sculpted, or otherwise depicted. “Figure modeling” or a “modeling studio” does not include an artist studio or similar facility owned, operated or maintained by an individual artist or group of artists which is not open to the public and does not provide, permit or make available for viewing “specified sexual activities” on the premises.

means the showing of the human male or female genitals, pubic area or anus, with less than a fully opaque fabric covering, the showing of the female breast with less than a fully opaque fabric covering of any part of the nipple and areola, or the showing of completely or opaquely covered (by fabric) male genitals in a discernibly turgid state.

means to own, lease (as lessor or lessee), rent (as landlord or tenant or as agent for the purpose of representing a principal in the management, rental or operation of the property of such principal), manage, conduct, or direct an adult related business.

means and includes the owner, custodian, manager or person in charge of any adult related business.

means a state of dress in which clothing covers less than the genitals, pubic region, buttocks and nipple, areola and lower portion below the lowest point of the areola of the female breast. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided that the areola is not exposed in whole or in part.

means a consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the business.

means any church, synagogue, mosque, temple, or building which is used primarily for religious worship, religious education incidental thereto and related religious activities.

means any public or private educational facility primarily attended by minors, including large family day care homes, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, secondary schools, continuation schools, and special education schools, and includes school grounds.

includes the following:

includes the following:

means the zoning designation on the city zoning map or the corresponding designation on the general plan land use map.