Except as otherwise indicated by the context, the following words and phrases shall have the following meanings for purposes of this chapter:
ADULT ARCADE: Any commercial establishment where, for any form of consideration, monetary or otherwise, one or more still or motion picture projectors, slide projectors, videocassette players, or similar machines, or other image producing machines, for viewing by five (5) or fewer persons each, are used to show films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
ADULT BOOKSTORE, ADULT NOVELTY STORE, OR ADULT VIDEO STORE: A commercial establishment which devotes in excess of fifty percent (50%) of its stock in trade or interior floor space to the sale, rental or viewing (for any form of consideration) of books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, videocassettes, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
ADULT CABARET: A "cabaret" which features:
A. Persons who appear nude or in a state of nudity or seminudity; or
B. Live performances which are characterized by the exposure of "specific anatomical areas".
ADULT MOTION PICTURE THEATER: A commercial establishment which is distinguished or characterized by the showing of films, motion pictures, videocassettes, slides, or similar photographic reproductions with an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas" which are regularly shown for any form of consideration.
ADULT THEATER: A theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by an emphasis on exposure of "specified anatomical areas" or by "specified sexual activities".
CITY OR ARTESIA: The city of Artesia, New Mexico.
EMPLOYEE: A person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage, or other compensation by the operator of said business.
ESTABLISHMENT OF A SEXUALLY ORIENTED BUSINESS: Means and includes any of the following:
A. The opening or commencement of any such business as a new business;
B. The conversion of an existing business into a sexually oriented business;
C. The addition of a different sexually oriented business to any other existing sexually oriented business; or
D. The relocation of a sexually oriented business.
INDUSTRIAL DISTRICT: A district of the city which is zoned as an M-1 district.
LICENSING ADMINISTRATOR: The mayor of the city or his appointed designee.
MANAGER: An operator, other than a licensee, who is employed by a sexually oriented business to act as a manager or supervisor of employees or is otherwise responsible for the operation of the business.
NUDE MODEL STUDIO: Any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other persons.
NUDITY OR STATE OF NUDITY: Means:
A. The appearance of human bare buttocks, anus, male genitals, female genitals, or the areola or nipple of the female breast; or
B. A state of dress which fails to opaquely and fully cover human buttocks, anus, male or female genitals, pubic region, or areola or nipple of the female breast.
OPERATOR: Means and includes the owner, licensee, custodian, manager, operator, or person in charge of any licensed premises.
PEEP BOOTH: A viewing room of less than one hundred fifty (150) square feet of floor space.
PERSON: Includes any person, firm, corporation, association, or other legal entity.
PUBLIC PARK: Is one that has been designated, used, or declared as such by the city of Artesia.
RESIDENTIAL DISTRICT: Any area depicted on the Artesia zoning map as a residential land use.
SEMINUDE OR SEMINUDITY: A state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breasts, as well as portions of the body covered by supporting straps or devices.
SEXUALLY ORIENTED BUSINESS: An adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motion picture theater, adult theater, or nude model studio. The definition of sexually oriented business shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
SPECIFIED ANATOMICAL AREAS: Means and includes any of the following:
A. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or
B. Human male genitals in a discernible turgid state even if completely and opaquely covered.
SPECIFIED CRIMINAL ACTS: Sexual crimes against children, sexual abuse, sexual assault, or crimes connected with another sexually oriented business including, but not limited to, distribution of obscenity, prostitution, or pandering.
SPECIFIED SEXUAL ACTIVITIES: Means and includes any of the following:
A. The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts;
B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
C. Masturbation, actual or simulated;
D. Human genitals in a state of sexual stimulation, arousal, or tumescence; or
E. Excretory functions as part of or in connection with any of the activities set forth in subsections A through D of this definition.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS: Means and includes any of the following:
A. The sale, lease, or sublease of the business;
B. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
C. The establishment of a trust, management arrangement, gift, or other similar legal device which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control. (Ord. 695, 12-14-2004)