1. Less than completely and opaquely covered human genitals, pubic regions, buttocks, anus or female breast below a point immediately above the top of the areolae; or

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

1. The fondling or other erotic touching, actual or simulated, of human genitals, pubic regions, buttock or female breast;

2. Sex acts, actual or simulated, including acts of sexual intercourse, oral copulation, sodomy, or bestiality; or

3. Masturbation, actual or simulated; or

4. Excretory functions as part of or in connection with any of the activities set forth in “A.” through “C.” above.

1. Adult Book Store. A commercial establishment which devotes more than 50% of its total inventory or product lines or more than 50% of its total display, shelf, rack, table, stand, or floor area used for the display and sale of the following:

The term “product line” refers to items which are all identical, such as numerous copies of the same book or periodical.

2. Adult Motion Picture Establishment. Shall mean a commercial establishment with a capacity of more than 50 persons, used for the presentation, exhibition or display of films, motion pictures, video cassettes, slides or similar photographic reproductions projected on a screen, which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to “Specified Sexual Activities” or “Specified Anatomical Areas”. For purposes of this paragraph and paragraphs 10.020(A)(3-13), “substantial portion of the total presentation time” shall mean the presentation of films, shows, or other described entertainment for viewing on more than 28 days within any 56 consecutive day period.

3. Adult Mini-Motion Picture Theater. Shall mean a commercial establishment with a capacity of more than 5 but less than 50 persons, used for the presentation, exhibition or display of films, motion pictures, video cassettes, slides or similar photographic reproductions projected on a screen, and in which a substantial portion of the presentation time is distinguished or characterized by an emphasis on matter depicting, describing, or relating to “Specified Sexual Activities” or “Specified Anatomical Areas”.

4. Adult Motion Picture Arcade. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images, films, motion pictures, video cassettes, slides, tapes, records or other forms of visual or audio representation to five or fewer persons per machine at any one time, in which a substantial portion of the total presentation time of the images so displayed are distinguished or characterized by an emphasis on depicting or describing “Specified Sexual Activities” or “Specified Anatomical Areas”.

5. Adult Drive-In Theater. An open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of visual productions, for any form of consideration to persons in motor vehicles or on outdoor seats, in which a substantial portion of the total presentation time of the material being presented is distinguished or characterized by an emphasis on matter depicting, describing or relating to “Specified Sexual Activities” or “Specified Anatomical Areas” for observation by patrons.

6. Adult Cabaret. A nightclub, bar, restaurant, or similar establishment during which a substantial portion of the total presentation time features live performances which are distinguished or characterized by an emphasis on “Specified Sexual Activities” or by exposure of “Specified Anatomical Areas” and/or feature films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of “Specified Sexual Activities” or “Specified Anatomical Areas” for observation by patrons.

7. Adult Motel or Hotel. A hotel or motel or similar commercial 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, a substantial portion of the total presentation time of which is distinguished or characterized by an emphasis upon the depiction or description of “Specified Sexual Activities” or “Specified Anatomical Areas” for observation by patrons.

8. Adult Theater. A theater, concert hall, auditorium or similar commercial establishment either indoor or outdoor in nature which, for any form of consideration, regularly features live performances, a substantial portion of the total presentation time of which is distinguished or characterized by an emphasis on “Specified Sexual Activities” or “Specified Anatomical Areas” for observation by patrons.

9. Adult Model Studio. Any establishment open to the public where, for any form of consideration or gratuity, figure models who display “Specified Anatomical Areas” are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons, other than the proprietor, paying such consideration or gratuity.

This provision shall not apply to any school of art which is operated by an individual, firm, association, partnership, corporation, or institution which meets the requirements established in the Education Code of the State of California for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma.

10. Sexual Encounter Establishment. A commercial establishment, other than a hotel, motel or similar establishment offering public accommodations which, for any form of consideration, provides a place where two or more persons may congregate, associate or consort in connection with “Specified Sexual Activities” or the exposure of “Specified Anatomical Areas”.

This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State of California engages in sexual therapy.

11. Body Painting Studio. Any establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the human body when such body is wholly or partially nude in terms of “Specified Anatomical Areas”.

12. Other Adult Entertainment Businesses. Any other business or commercial establishment not herein defined:

13. 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 school, junior high 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.

14. Commercial Zones. For purposes of Chapter 10, a commercial zone shall include the following “zoning districts” as defined in the Petaluma Zoning Ordinance: C1, C2, MU1A, MU1B, and MU2.

15. Public Park. As used in Chapter 10, any park or playground dedicated to use for park or recreation purposes owned by, dedicated to, leased to, or operated or maintained by the City.

16. Residential Zone. As used in Chapter 10, a residential zone shall include the following “zone districts” as defined in the Petaluma Zoning Ordinance: RR, R1, R2, R3, R4, R5, AG, MU1C, and residential Planned Unit Development (P.U.D.) and Planned Community Development (P.C.D.).

17. Church. As used in Chapter 10, a church shall include any property where a building is set apart and recognized as a site of public gathering and worship. This shall include church operated childcare/nursery or preschool facilities.

1. The name, address and telephone number of the applicant. If the applicant is a corporation, the applicant shall set forth the name of the corporation exactly as shown in its article of incorporation, the date and place of incorporation, the names and addresses of the officers, directors, and each stockholder owning more than 10% of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provision of this Chapter pertaining to a corporate applicant shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer.

2. Name, address and telephone number of the person who shall manage and operate the establishment for which the permit is requested. The name and address of a person authorized to accept service of legal notices.

3. The proposed business name of the adult entertainment establishment and description of the type of adult establishment.

4. Street address of the proposed adult entertainment establishment and the assessor parcel number for the property.

5. A plot plan for the property depicting the location of the building housing the adult entertainment establishment on the property.

6. If the adult entertainment establishment was in existence as of the effective date of Chapter 10, the date the establishment first commenced operation.

7. Any other information reasonably necessary to accomplish the purposes of Chapter 10.

1. Information contained in the application or supplemental information requested from the applicant is false in any material detail.

2. The proposed location of the adult entertainment business would not comply with the requirements of Sections 10.040 and 10.050. Exception: This grounds for denial is not applicable to legal nonconforming establishments as described in Section 10.060.

3. The operation of the adult entertainment business is or would be in violation of one or more provisions of Chapter 10.

4. The premises where the adult entertainment business is or will be located does not comply with all applicable laws, including, but not limited to, the City’s building, health, zoning and fire ordinances.

5. That a conditional use permit to operate the adult entertainment establishment has been issued to the applicant, a partner of the applicant, or a stockholder of the applicant which stockholder owns more than 10% of the applicant’s corporate stock, which conditional use permit has been suspended and the period of suspension has not yet ended.