For the purpose of this article the following definitions shall apply unless the context clearly indicates or requires a different meaning:
ADULT AMUSEMENT ESTABLISHMENT. For the purposes of this article, an establishment such as an auditorium, bar, cabaret, concert hall, nightclub, restaurant, theater, or other commercial establishment that provides amusement or entertainment featuring one or more of the following: A live performance or act distinguished or characterized by an emphasis on the depiction, description, exposure, or representation of specified anatomical areas or the conduct or simulation of specified sexual activities.
ADULT CABARET. A type of adult amusement establishment that regularly features live entertainment that is intended to provide sexual stimulation or sexual gratification.
ADULT CABARET ENTERTAINER. An employee of a sexually oriented business who engages in or performs adult cabaret entertainment, or an independent contractor who engages in or performs adult cabaret entertainment.
ADULT CABARET ENTERTAINMENT. Live entertainment that is intended to provide sexual stimulation or sexual gratification and is distinguished or characterized by an emphasis on specified anatomical areas or specified sexual activities.
APPLICANT.
(1) A person in whose name a license to operate a sexually oriented business will be issued;
(2) Each individual who signs an application for a sexually oriented business license;
(3) Each individual who is an officer of a sexually oriented business for which a license application is made regardless of whether the individual's name or signature appears on the application;
(4) Each individual who has a 20% or greater ownership interest in a sexually oriented business for which a license application is made regardless of whether the individual's name or signature appears on the application; and
(5) Each individual who exercises substantial de facto control over a sexually oriented business for which a license application is made regardless of whether the individual's name or signature appears on the application.
CONVICTION. A conviction, including a plea agreement, in a federal court or a court of any state or foreign nation or political subdivision of a state or foreign nation that has not been reversed, vacated, or pardoned. CONVICTION includes disposition of charges against a person by probation or deferred adjudication.
DESIGNATED OPERATOR. The person or persons identified in the license application, or in any
supplement or amendment to the license application, as being a designated operator of the sexually oriented business.
EMPLOYEE. Any individual who:
(1) Is listed as a part-time, full-time, temporary, or permanent employee on the payroll of an applicant, licensee, or sexually oriented business; or
(2) Performs or provides entertainment on the sexually oriented business premises for any form of compensation or consideration, including persons working as contractors or independent contractors.
LICENSEE.
(1) A person in whose name a license to operate a sexually oriented business has been issued;
(2) Each individual listed as an applicant on the application for a license;
(3) Each individual who is an officer of a sexually oriented business for which a license has been issued under this article, regardless of whether the individual's name or signature appears on the license application;
(4) Each individual who has a 20% or greater ownership interest in a sexually oriented business for which a license has been issued under this article, regardless of whether the individual's name or signature appears on the license application; and
(5) Each individual who exercises substantial de facto control over a sexually oriented business for which a license has been issued under this article, regardless of whether the individual's name or signature appears on the license application.
MAYOR. Mayor of the City of Albuquerque or his or her authorized designee.
MINOR. A person under the age of 18 years.
OPERATES OR CAUSES TO BE OPERATED. To cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or licensee of the business.
OPERATOR. Any person who has managerial control of the on-site, day-to-day operations of a sexually oriented business, regardless of whether that person is a designated operator of the sexually oriented business.
PERSON. An individual, proprietorship, partnership, corporation, association, or other legal entity.
SEXUALLY ORIENTED BUSINESS. An adult amusement establishment, or other commercial enterprise the primary business of which is the offering of a service intended to provide sexual stimulation or sexual gratification to the customer through live performances.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered human:
(a) Genitals, pubic region;
(b) Buttock or anus;
(c) Female breast below a point immediately above the top of the areola to and including the bottom of the breast; covering of only the nipple and areola of the breast shall not constitute such covering;
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered; and
(3) A covering or device that, when worn, gives the appearance of or simulates the above listed specified anatomical areas.
SPECIFIED SEXUAL ACTIVITIES.
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Actual or simulated sex acts of human masturbation, sexual intercourse, sodomy, or similar acts; or
(3) Fondling or other erotic touching of human genitals, pubic region, buttock, anus, or female breast.
TRANSFER OF OWNERSHIP OR CONTROL of a sexually oriented business.
(1) The sale, lease, or sublease of the business;
(2) The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(3) The establishment of a trust, gift, or other similar legal device that transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
VIP ROOM. Any separate area, room, booth, cubicle, or other portion of the interior of an adult amusement establishment (excluding a restroom and excluding an area of which the entire interior is clearly and completely visible from the exterior of the area) to which one or more customers are allowed access or occupancy and other customers are excluded.