§ 6-14.04. Definitions.

Unless the context demonstrates another meaning was intended, the following definitions, as well as those found in Title 1 of this Code, shall apply to the construction of this chapter:

(a)

"Adult film" means any commercial film, video, multimedia or other representation (including live theater) of sexual penetration or oral sex, but excludes representations of simulations of such conduct under circumstances in which the sexual transmission of infectious disease is not foreseeable.

(b)

"Applicant" means a person who applies for a permit pursuant to Section 6-14.05 of this chapter.

(c)

"Business day" means a day when City Hall is open to the public for the conduct of City business.

(d)

"Commercial" as applied to an adult film means either that: (1) the filming is intended to be or is remunerated by sale of adult films, advertising, or otherwise or (2) any person is compensated for services as a performer or for other services in production of the adult film, including but not limited to cameramen, sound artists, film editors, lighting artists, electricians, carpenters, and greensmen.

(e)

"Director" means the Director of Administrative Services of the City and his or her deputies as provided by Section 1-3.07 of this Code.

(f)

"Filming" shall mean the production of any adult film and includes the conduct identified in subsection (k) of this section below.

(g)

"Oral sex" means conduct by which a performer makes oral contact with the anus or genitals of another performer.

(h)

"Other appropriate means" means an alternative to the use of a condom or dental dam that is:

(1)

Approved, in a writing maintained at the site(s) of the film-making in which the other appropriate means is employed, by a physician licensed by the State of California;

(2)

Reasonably likely to prevent the transmission of HIV/AIDS and other sexually transmitted diseases;

(3)

Compliant with applicable law;

(4)

Reported in writing to the Director by a producer of the adult filming in which the means is to be employed at least two (2) business days before that means is employed; and

(5)

Not employed after the Director has given written notice to the producer who makes a report pursuant to subsection (4) above that the means is, on the basis of substantial evidence cited in the notice and available for public inspection, not compliant with the requirements of this subsection (h). Such a notice shall be subject to judicial review pursuant to Code of Civil Procedure Section 1094.8 as it now exists or is hereafter amended.

(i)

"Performer" means any person who engages in sexual penetration or oral sex in the filming of an adult film as one or more of the following: (1) the penetrator, (2) the one penetrated, (3) the person who makes oral contact or (4) the person who is the object of such contact.

(j)

"Permittee" means a person issued a permit pursuant to Section 6-14.05 of this chapter.

(k)

"Producer of adult film" means: (1) any person who compensates a performer to engage in sexual penetration or oral sex in the production of an adult film, and (2) any person engaged in the production of an adult film with authority to govern the workplace conduct of performers. "To produce an adult film" means to engage in conduct which makes one a producer of an adult film.

(l)

"Sexual penetration" means oral, vaginal, or anal penetration by a part of the human body or by an inanimate object.

(§ 2, Ord. No. 1190, eff. May 24, 2012)