Regular and substantial course of conduct shall mean the following: (i) the business devotes more than 25 percent of its retail inventory (not measured by the number of items but rather by the costs to the business owner of the inventory) to merchandise distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas; or (ii) the business devotes more than 25 percent of the retail floor area to merchandise that is distinguished or characterized by an emphasis upon specified sexual activities and specified anatomical areas; or (iii) the retail value of merchandise that is distinguished or characterized by an emphasis upon specified sexual activities and specified anatomical areas exceeds 25 percent of the total retail values of inventory offered in each of the following categories: books, magazines, video tapes or any material in digital form (including, but not limited to CDs or DVDs) for sale or rental; or (iv) gross revenue derived from books, magazines, or the sale or rental of video tapes or any material in digital form exceeds 25 percent of the total gross revenue for the combined materials.
Regularly features with respect to an adult theater or adult cabaret shall mean 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 eighty (180) day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.
Religious institution shall mean the same thing as "church."
School shall mean any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.
Semi-nude shall mean a state of dress in which clothing covers no more than the genitals, pubic region, anus, areola of the female breast, as well as portions of the body covered by supporting straps or devices. This definition shall include a state of dress in which the entire lower portion of the human female breast is exposed, but shall not include any state of dress in which the cleavage of the human female breast, exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel is exposed, so long as the areola is not exposed in whole or in part.
Sexually oriented devices shall mean, without limitation, any artificial or simulated specified anatomical area or other instruments, devices, or paraphernalia, except for clothing, which are designed in whole or in part for specified sexual activities.
Specified anatomical areas shall mean and include any of the following:
(1) Less than completely and opaquely covered human genitals, pubic region, anus, buttocks, and/or female breast below a point immediately above the top of the areola; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered; and/or
(3) Any device, costume or covering that simulates any of the body parts included in subsections (1) or (2) above.
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, anal intercourse, anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, anilingus, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pedophilia, piquerism, sodomy or zooerastia;
(3) Masturbation, actual or simulated;
(4) Human excretion, urination, menstruation, vaginal or anal irrigation as part of or in connection with any of the other activities described in the subsections contained in this definition;
(5) Masochism, erotic or sexually oriented torture, beating or the infliction of pain;
(6) Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being;
(7) Striptease, or the removal of clothing; or
(8) The wearing of transparent or diaphanous clothing, including models dressed only in lingerie to the point where anatomical areas are exposed
