§ 7.82.030. Theater defined.

A.

As used in this Part 2, "theater" means a theater, concert hall or similar establishment which is primarily devoted to theatrical performances, as those words are used in Sections 318.5 and 318.6 of the Penal Code, but does not include any adult business required to be licensed pursuant to Chapter 7.92.

B.

The board finds that a "theater," as defined in this section, is a building, playhouse, room, hall or other place having a permanent stage upon which dramatic, theatrical, vaudeville or similar performances are given, whose primary function is to give such performances, and, if food, drink or other merchandise is served, sold or offered for sale, such service, sale or offer to sell is merely incidental to the performance.

C.

The board further finds that a typical theater also has movable scenery on the stage, permanently affixed seats so arranged that a body of spectators can have an unobstructed view of the stage, and regularly scheduled performances.

(Ord. 2003-0067 § 26, 2003; Ord. 10797 § 3 (part), 1973: Ord. 5860 Ch. 21 Art. 3 § 3351, 1951.)