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Article 11.2 Regulations for Adult Theatres and Adult Bookstores


SEC. 791. DEFINITIONS.

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

(a) Adult Bookstore. An establishment having 25 percent or more of its total inventory or product lines books, magazines or periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to “Specified Sexual Activities” or Specified Anatomical Areas as defined herein, or an establishment which devotes 25 percent or more of its floor or display space to the sale or display of such material. The term “product line refers to items which are all identical, such as numerous copies of the same book or periodical.

(b) Adult Theater. A theater as defined herein which is used more than 10 percent of its presentation time, measured on an annual basis, for the exhibition or display of entertainment which is distinguished or characterized by an emphasis on matter depicting, describing or relating to “Specified Sexual Activities” or “Specified Anatomical Areas” as defined herein.

(c) Specified Sexual Activities.

1. Human genitals in a state of sexual stimulation or arousal;

2. Acts of human masturbation, sexual intercourse or sodomy;

3. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

(d) 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.

(e) 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.

(f) Entertainment. Any act, play, revue, pantomime, scene, song, dance act, or song and dance act, conducted or participated in by one or more persons, whether or not such person or persons are compensated for such performance.

(g) Operator. Any person operating an adult theater or an adult bookstore in the City and County of San Francisco, including, but not limited to, the owner or proprietor of such premises, lessee, sublessee, mortgagee in possession, or any other person operating such adult theater or adult bookstore.

(h) Theater. A building or part of a building intended to be used for the specific purposes of presenting entertainment, as defined herein, or displaying motion pictures, slides or closed circuit television pictures before an individual or assemblage of persons, whether such assemblage be of a public, restricted or private nature, except a home or private dwelling and for which no fee, by way of an admission charge, is made. (Amended by Ord. 99-85, App. 2/25/85)

SEC. 791.1. REGULATIONS OF SIGNS.

It shall be unlawful for the operator of an adult theater or adult bookstore in the City and County of San Francisco to place or cause to be placed or maintained in such a location as can be viewed by persons on any public street, any sign or signs, photographic, pictorial or other graphic representations, that depict in whole or in part the following:

(1) Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation or flagellation.

(2) Scenes wherein a person displays the vulva or the anus or the genitals.

(3) Scenes wherein artificial devices are employed to depict, or drawings are employed to portray, any of the prohibited signs, photographs or graphic representations described above. (Amended by Ord. 99-85, App. 2/25/85)

SEC. 791.2. VISIBILITY FROM THE STREET.

No operator of an adult theater or adult bookstore in the City and County of San Francisco shall permit, or cause to be permitted, any stock in trade which depicts, describes or relates to Specified Sexual Activities” or “Specified Anatomical Areas,” as defined herein, to be viewed from the street, sidewalk or highway. (Amended by Ord. 99-85, App. 2/25/85)

SEC. 791.3. PENALTY - MISDEMEANOR OR INFRACTION.

Any operator of an adult theater or an adult bookstore who knowingly violates or permits to be violated any provision of this Article shall be guilty of an infraction or a misdemeanor.

(a) If charged as an infraction the penalty shall be as follows:

(1) Upon a first conviction thereof, such person shall be punished by a fine not to be less than $50 nor to exceed $500;

(2) Upon a second conviction thereof, such person shall be punished by a fine not to be less than $250 nor to exceed $500;

(3) Upon a third conviction thereof, such person shll be punished by a fine not to be less than $400 nor to exceed $500;

(b) If charged as a misdemeanor the penalty, upon conviction of such person, shall be by imprisonment in the County Jail for a period not to exceed six months or by a fine not exceeding $1,000, or by both such fine and imprisonment;

(c) The complaint charging such violation shall specify whether the violation charged is a misdemeanor or an infraction. (Amended by Ord. 99-85, App. 2/25/85)

SEC. 791.4. EFFECTIVE DATE.

The provisions of this ordinance shall not become effective until May 1, 1985. (Amended by Ord. 99-85, App. 2/25/85)

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