For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT USE-BODY PAINTING STUDIO. An establishment or business which provides the service of applying paint or other substance, whether transparent or non-transparent, to or on the body of a patron when the body is wholly or partially nude in terms of specified anatomical areas.
ADULT USE-BOOKSTORE. A building or portion or a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, DVD’s or motion picture film if the building or portion of a building is not open to the general public generally but only to 1 or more classes of the public excluding any minor by reason of age or if a substantial or significant portion of the items are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
ADULT USE-CABARET. A building or portion of a building used for providing dancing or other live entertainment, if the building or portion of a building excludes minors by virtue of age or if the dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas.
ADULT USE-COMPANIONSHIP ESTABLISHMENT. A companionship establishment which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk, or discussion between an employee of the establishment and a customer if the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT USE-CONVERSATION/RAP PARLOR. A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging or listening to conversation, talk or discussion, if the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT USE-HEALTH/SPORT CLUB. A health/sport club which excludes minors by reason of age, or if the club is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT USE-HOTEL OR MOTEL. Adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT USE-MASSAGE PARLOR, HEALTH CLUB. A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT USE-MINI-MOTION PICTURE THEATER. A building or portion of a building with a capacity for less than 50 persons used for presenting material if the building or portion of a building as a prevailing practice excludes minors by virtue of age, or if the material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT USE-MODELING STUDIO. An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to the customers and who engage in specified sexual activities or display specified anatomical areas while being observed, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by the customers.
ADULT USE-MOTION PICTURE ARCADE. Any place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically, or mechanically controlled or operated still or motion picture machines, projectors or other image-producing devices are maintained to show images to 5 or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
ADULT USE-MOTION PICTURE THEATER. A building or portion of a building with a capacity of 50 or more persons used for presenting materials if the building or portion of a building as a prevailing practice excludes minors by virtue of age or if the material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT USE-NOVELTY BUSINESS. A business which has a principal activity the sale of devices which stimulate human genitals or devices which are designated for sexual stimulation.
ADULT USE-SAUNA. A sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT USE-STEAM BATHHOUSE FACILITY. A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if the building or portion of a building restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT USES. Include adult bookstores, adult motion picture theaters, adult motion picture rental, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction, or description of specified sexual activities or specified anatomical areas which are capable of being seen by members of the public.
(1) SPECIFIED ANATOMICAL AREAS.
(a) Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola.
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(2) SPECIFIED SEXUAL ACTIVITIES.
(a) Actual or simulated sexual intercourse, oral copulation, and intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothes genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexual-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty.
(b) Clearly depicted human genitals in the state of sexual stimulation, arousal, or tumescence.
(c) Use of a human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation.
(d) Fondling or touching of nude human genitals, pubic region, buttocks, or female breast(s).
(e) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving flagellation, torture, fettering, binding, or other physical restraint of any such persons.
(f) Erotic or lewd touching, fondling, or other sexually-oriented contact with an animal by a human being.
(g) Human erection, urination, menstruation, vaginal or anal irrigation.
ADULT USES-ACCESSORY. A use, business or establishment having 10% or less of its stock in trade or floor area allocated to, or more than 20% or less of its gross receipts derived from movie rentals or magazine sales.
ADULT USES-PRINCIPAL. A use, business or establishment having more than 10% of its stock in trade or floor area allocated to, or more than 20% of its gross receipts derived from, any adult use.
(Ord. 117, passed 5-6-2002)