Section 318.6 Of Chapter 8. Indecent Exposure, Obscene Exhibitions, And Bawdy And Other Disorderly Houses From California Penal Code >> Title 9. >> Part 1. >> Chapter 8.
318.6
. (a) Nothing in this code shall invalidate an ordinance of,
or be construed to prohibit the adoption of an ordinance by, a city
or county, if that ordinance relates to any live acts,
demonstrations, or exhibitions occurring within adult or sexually
oriented businesses and involve the exposure of the genitals or
buttocks of any participant or the breasts of any female participant,
and if that ordinance prohibits an act or acts which are not
expressly authorized or prohibited by this code.
(b) For purposes of this section, an "adult or sexually oriented
business" includes any establishment that regularly features live
performances which are distinguished or characterized by an emphasis
on the exposure of the genitals or buttocks of any person, or the
breasts of any female person or sexual activities that involve the
exposure of the genitals or buttocks of any person, or the breasts of
any female person.
(c) The provisions of this section shall not be construed to apply
to any adult or sexually oriented business, as defined herein, that
has been adjudicated by a court of competent jurisdiction to be, or
by action of a local body such as issuance of an adult entertainment
establishment license or permit allowing the business to operate on
or before July 1, 1998, as, a theater, concert hall, or similar
establishment primarily devoted to theatrical performances for
purposes of this section.
(d) This section shall not be construed to preempt the legislative
body of any city or county from regulating an adult or sexually
oriented business, or similar establishment, in the manner and to the
extent permitted by the United States Constitution and the
California Constitution.