For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ARCADE or PEEP SHOW. Any place to which the public is permitted or invited where coin-operated or slug-operated, or for any form of consideration, electronically, electrically or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images to a person in a booth or a viewing room where the images so displayed depict or describe SPECIFIED ANATOMICAL AREAS or SPECIFIED SEXUAL ACTIVITIES.
ADULT BOOKSTORE, ADULT VIDEO STORE or ADULT NOVELTY STORE. A commercial establishment which as its principal business purpose offers for sale or rent 50% or more of its inventory for any form of consideration any 1 or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, computer generated images, motion pictures, video cassettes or video reproductions, slides or other visual representations that depict or describe "specified anatomical areas" or "specified sexual activities;" or
(2) Instruments, devices or paraphernalia that are designed for use in connection with "specified sexual activities," excluding condoms and other birth control and disease-prevention products.
ADULT CABARET. A nightclub, bar, restaurant or other commercial establishment permitted to serve alcoholic beverages pursuant to A.R.S. § 42-09(B), which regularly features, exhibits or displays as one of its principal business purposes:
(1) Individuals who appear in a state of nudity or semi-nudity;
(2) Live performances which are characterized by the exposure of "specified anatomical areas" or "specified sexual activities;" or
(3) Films, motion pictures, video cassettes, slides or other photographic reproductions which depict or describe "specified anatomical areas" or "specified sexual activities."
ADULT HOTEL/MOTEL. A hotel or motel or similar commercial establishment that:
(1) Offers public accommodations for any form of consideration; provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions that depict or describe "specified anatomical areas" or "specified sexual activities" as 1 of its principal business purposes; and has a sign visible from the public right-of-way which advertises the availability of these adult-types of photographic reproductions;
(2) Offers a single sleeping room for rent less than 10 hours in a 24-hour period; or
(3) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 10 hours in a 24-hour period.
ADULT LIVE ENTERTAINMENT ESTABLISHMENT. A commercial establishment that features either:
(1) Persons who appear in a state of nudity or semi-nudity; or
(2) Live performances that are characterized by the exposure of specified anatomical areas or specific sexual activities.
ADULT MOTION PICTURE THEATER. A means a commercial establishment, where for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown as 1 of its principal business purposes that depict or describe "specified anatomical areas" or "specified sexual activities."
ADULT SERVICES. Dancing, service of food or beverage, modeling, posing, wrestling, singing, reading, talking, sitting or listening, or other performances or activities conducted for any consideration in a sexually oriented business by an individual who is nude or is in a state of nudity during all or part of the time the person is providing the service.
ADULT SERVICES PROVIDER. Any individual who provides any adult services, whether an employee or independent contractor.
ADULT THEATER. A commercial establishment which regularly features, exhibits or displays, as 1 of its principal business purposes, individuals who appear nude, in a state of nudity or semi-nudity, live or by film, or plate negative, film or plate positive, film or tape designed to be projected on a screen for exhibition, or films, glass slides or transparencies, either in negative or positive form, designed for exhibition by projection on a screen, or any type of viewing booth or equipment, that expose or depict "specified anatomical areas" or "specified sexual activities."
BOOTH. A partitioned area in which coin or token operated video machines, projectors or other electronically or mechanically controlled devices are used in the regular course of business to produce still or moving picture images that expose or depict "specified anatomical areas" or "specified sexual activities."
CHIEF OF POLICE. The Director of Department of Public Safety, or his or her designated agent, whose duties are more fully described in Vol. I, Article 3-6 of the Apache Junction city code.
CITY MANAGER. The department director of the office of the City Manager, or his or her designated agent, whose duties are more fully described in Vol. I, Article 3-1.
DEVELOPMENT SERVICES DIRECTOR. The department director of the Apache Junction development services department, or his or her designated agent, whose duties are more fully described in Vol. I, Article 3-9.
EMPLOYEE. Any individual who performs any service on the premises of a sexually oriented business on a full-time, part-time or contract basis, whether or not the person is denominated as an employee, independent contractor, agent or otherwise and whether or not the individual is paid a salary, wage or other compensation by the operator. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or for delivery of goods to the premises.
ESCORT. An individual who for tips or any other consideration agrees or offers to act as a companion, guide or date for another individual or who agrees or offers to privately model or otherwise be clothed in lingerie or to privately perform a striptease for another individual.
ESCORT AGENCY. A person or business that furnishes, offers to furnish or advertises to furnish escorts as 1 of his or her or its principal business purposes for a fee, tip or other consideration.
ESTABLISHMENT. The opening or commencement of any sexually oriented business as a new business; or the conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; or the addition of any sexually oriented business to any other sexually oriented business; or the relocation of any sexually oriented business.
FIGURE MODEL. Any individual who for pecuniary compensation, consideration, hire or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculpted, photographed or otherwise depicted.
INDIVIDUAL. A human being.
LICENSE. Any license or temporary license issued or required by this chapter as a condition to operate a sexually oriented business, or issued to a manager, adult services provider or employee of a sexually oriented business.
LICENSEE or APPLICANT. An individual or person in whose name a permit to operate a sexually oriented business will be or has been issued, or a manager, adult services provider or employee authorized pursuant to this article.
MANAGER'S STATION. A permanently designated area marked accordingly within a sexually oriented business where a sexually oriented business manager is located in the normal course of operations.
MODELING STUDIO. A business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purpose of sexual stimulation of patrons, display "specified anatomical areas" to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration.
NUDE, NUDITY or STATE OF NUDITY. The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft/cleavage or buttocks with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipple; or the showing of the covered male genitals in a discernibly turgid state.
OPERATE A SEXUALLY ORIENTED BUSINESS; OPERATOR. Supervising, managing, inspecting, directing, organizing, controlling or being responsible for or in charge of the conduct of activities of a sexually oriented business.
PATRON or CUSTOMER. An individual invited or permitted to enter and remain upon the premises of a sexually oriented business, whether or not for consideration.
SEMI-NUDE or SEMI-NUDE CONDITION. A state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.
SEXUAL ENCOUNTER CENTER. A business that as 1 of its primary purposes offers for any form of consideration physical contact in the form of wrestling or tumbling between persons of the opposite sex; or activities between male and female persons and/or persons of the same sex when 1 or more of the persons is in a state of nudity or semi-nudity.
SEXUALLY ORIENTED BUSINESS. An adult arcade, adult bookstore, adult cabaret, adult live entertainment establishment, adult hotel/motel, adult motion picture theater, adult novelty store, adult theater, adult video store, escort agency, modeling studio, sexual encounter center and any combination thereof.
SEXUALLY ORIENTED BUSINESS MANAGER or MANAGER. An individual on the premises of a sexually oriented business who is authorized to exercise overall operational control of the business.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks and female breast below a point immediately above the top of the areola;
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered; and
(3) Any device, costume or covering that simulates any of the body parts included in divisions (1) and (2) of this definition as referenced above.
SPECIFIED SEXUAL ACTIVITIES. Intercourse, oral copulation, masturbation or sodomy on the premises of an adult oriented business.
(Am. Ord. 1296, passed 5-1-2007)