§ 1072.1. DEFINITIONS.

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

(a) Theater. A building, playhouse, room, hall, or other place having therein a permanent stage upon which movable scenery is or may be placed and upon which theatrical or vaudeville or similar performances are given, with seats so arranged in proximity to such stage that a body of spectators may have an unobstructed view of said stage, the primary function of which is to serve as the locale of such performance.

(b) Encounter Studio. An establishment to which patrons or members are invited and is so arranged as to provide booths, cubicles, room or rooms, compartments or stalls wherein an entertainer provides entertainment as defined herein to patrons or members or groups of members or patrons within the aforesaid booths, cubicles, room or rooms, compartments or stalls.

(c) Entertainment. Any act, play, review, pantomime, scene, song, dance act, song and dance act, modeling, conversation, appearance or any other live act, demonstration, exhibition, or poetry recitation, conducted or participated in by any person in or upon any premises to which patrons or members are admitted. "Entertainment" also includes a fashion or style show, except when conducted by a bona fide nonprofit club or organization as part of the social activities of such club or organization, and when conducted solely as a fund-raising activity for charitable purposes.

"Entertainment," in addition, is defined to mean and include the playing upon or use of any instrument that is capable of or can be used to produce musical sounds or percussion sounds, including but not limited to reed, brass, percussion or stringlike instruments; provided, further, that "entertainment" is defined to mean any instrument or device capable of producing or reproducing sound.

(d) 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.

(e) Operator. Any person operating an Encounter Studio, including but not limited to the owner or proprietor of the premises upon which it is located, and the lessee, sublessee, or mortgagee in possession.

(f) Bona Fide Nonprofit Clubs or Organizations. Any fraternal charitable, religious or benevolent, or any other nonprofit organization, having a regular membership association primarily for mutual social, mental, political and civil welfare to which admission is limited to members and guests and revenue accruing therefrom to be used exclusively for the benevolent purposes of said organization and which organization or agency is exempt from taxation under the Internal Revenue Laws of the United States as a bona fide fraternal, charitable, religious, benevolent or nonprofit organization.

(g) Entertainer. An entertainer, for the purposes of this Article, is any person who performs any act enumerated in Section 1072.1(c) of this Article within an Encounter Studio whether for any consideration or not.

(h) Employee. Any and all persons who work in or about or render any services whatsoever to the patrons or customers of an Encounter Studio and who receives compensation for such service.

(i) Specified Sexual Activities. (1) Human genitals in a state of sexual stimulation or arousal; (2) Acts of human masturbation, sexual intercourse or sodomy; and (3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

(j) 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.

(Added by Ord. 241-77, App. 6/17/77)