5.43.020 DEFINITIONS.

(a) Adult Cabaret. The term "adult cabaret" as used in this chapter, means a nightclub, restaurant, or similar business establishment which (1) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (2) which regularly features persons who appear semi-nude; and/or (3) shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(b) Amusement Arcade. The term "amusement arcade" is defined as any business or establishment which has located on its premises five or more amusement devices which are kept thereon for the purpose of being played, operated or used by the patrons of the arcade on a prepaid basis or for money or tokens deposited in the amusement machine played, operated or used. Arcade is also defined as any premises wherein not less than twenty-five percent of the public floor area is devoted to amusement devices whether or not said amusement devices constitute the primary use or accessory use of the premises.

(c) Amusement Device. The term "amusement device" is any device, game or contrivance, including, but not limited to pin ball machines, video games, computer games and electronic games, for which a charge or payment is received for the privilege of playing, using or operating the same and which, as the result of such use, operation or playing does not entitle the person using, operating or playing such device, game or contrivance to receive the same return in market value in the form of tangible merchandise each time such device, game or contrivance is used, operated or played. Pool tables shall not be considered amusement devices for the purposes of this chapter.

(d) Entertainment. The term "entertainment" shall mean any show, play, skit, musical revue, karaoke, dance production, concert, opera and the production or provision of sights or sounds or visual or auditory sensations which are designed to or may divert, entertain or otherwise appeal to members of the public who are admitted to a place of entertainment, which is produced by any means, including radio, phonograph, tape recorder, piano, orchestra or band or any other musical instrument, television, slide or movie projector, spotlights, or interruptible or flashing light devices.

(e) Entertainment Business. The term "entertainment business" shall mean any amusement arcade and any place of business wherein entertainment is offered or given to the public, whether or not a fee is charged for admission thereto, except theaters and businesses where only incidental entertainment is offered or given.

(f) Incidental Entertainment. The term "incidental entertainment" shall mean the use of radio, television, or music recording devices or juke boxes in any establishment when used for background only. In addition, this term includes non-amplified live performance by a performer (or performers). This term does not include the use of the devices mentioned above by a disc jockey, or in conjunction with karaoke, or in connection with dancing by patrons.

(g) Police Chief. The Police Chief of the City of San Mateo or authorized representatives thereof.

(h) Primary Entertainment. The term "primary entertainment" shall mean entertainment provided at an entertainment business where the predominant reason for patronage is to observe and/or participate in the entertainment offered at the business, and admission to the establishment is charged either separately, or as part of a cover charge, or minimum food or beverage purchase requirement.

(i) Private Booth. The term "private booth" shall mean a fully enclosed booth, stall, or partitioned portion of a room designed and offered for use by one individual for entertainment purposes.

(j) Regularly Features. The term "regularly features" with respect to an adult cabaret means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two (2) or more occasions within a thirty (30) day period; three (3) or more occasions within a sixty (60) day period; or four (4) or more occasions within a one-hundred-and-eighty (180) day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

(k) Security Guard. The term "security guard" shall mean uniformed personnel licensed under the California Department of Consumer Affairs licensing and training requirements.

(l) Secondary Entertainment. The term "secondary entertainment" shall mean entertainment provided at an entertainment business where the observation or participation in the entertainment offered is not the predominant reason for patronage and no admission to the establishment is charged either separately, or in the form of a cover charge, or minimum food or beverage purchase requirement.

(m) Semi-nude. The term "semi-nude" means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.

(n) Specified anatomical areas. The term "specified anatomical areas" shall mean and include any of the following:

(1) Less than completely and opaquely covered human (A) genitals or pubic region; (B) buttocks; and (C) female breast below a point immediately above the top of the areola;

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

(3) Any device, costume or covering that simulates any of the body parts included in the subdivisions (1) or (2) above.

(o) Specified sexual activities. The term "specified sexual activities" shall mean and include any of the following, whether performed directly or indirectly through clothing or other covering:

(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;

(2) Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

(3) Masturbation, actual or simulated;

(4) Excretory functions as part of or in connection with any of the other activities described in subdivision (1) through (3) of this subsection.

(p) Theater. The term "theater" or other similar establishment is one that is primarily devoted to film or theatrical performances and means a building, playhouse, room, hall or other place having permanently affixed seats so arranged that a body of spectators can have an unobstructed view of the stage upon which theatrical or movies or vaudeville or similar performances are presented and where such performances are not incidental to promoting the sale of food, drink or other merchandise; and for which a city license for a theater is in full force and effect.