For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BOOKSTORE. A retail establishment that has:
(1) As one or more of its principal business purposes, the sale or rental of, the following items:
(a) Publications which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified anatomical areas or specified sexual activities, as defined in this section; and/or
(b) Sexually oriented devices, as defined in this section.
(2) As used in this definition, publications include, by way of illustration, books, magazines, other periodicals, movies, videotapes, and other products offered in photographic, electronic, magnetic, digital or other imaging medium.
(3) Any of the following shall be indicia that an establishment has as one of its principal business purposes the sale or rental of: (i) publications which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in this section; and/or (ii) sexually oriented devices, as defined in this section. Such indicia shall be considered along with all other factors and available information.
(a) The business advertises the sale or rental of adult publications and/or sexually oriented devices.
(b) Access by persons under 18 years of age to the business establishment or portions of the business establishment is restricted.
(c) Signs or notices are posted outside and/or inside the business establishment indicating that the material offered for sale or rental might be offensive.
(d) The building or portion of the building containing the business establishment does not have windows or has windows that are screened or otherwise obstructed or are situated in a manner that restricts visual access from outside the building to materials displayed within for sale or rental.
(4) Notwithstanding the foregoing, a general circulation video/DVD store that does not offer for sale any sexually oriented devices shall not constitute an ADULT BOOKSTORE even though it offers for sale and/or rental videotapes which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified anatomical areas or specified sexual activities, as defined in this section, so long as:
(a) Such described videotapes/DVDs are stocked and displayed in a room separate from the area of the business establishment where general circulation videotapes are stocked and displayed;
(b) Access by persons under 18 years of age to the room where such described videotapes/DVDs are stocked and displayed is restricted;
(c) The square footage of the separate room where such described videotapes/DVDs are stocked and displayed is no more than 10% of the square footage of the area where general circulation videotapes/DVDs are stocked and displayed; and
(d) The general circulation videotape/DVD portion of the business establishment offers a quantity and selection of new release general circulation videotapes/DVDs that are typical of a general circulation video/DVD store and offers a quantity and selection of other general circulation videotapes/DVDs that are organized and displayed in a manner that is typical of a general circulation video/DVD store.
ADULT LIVE ENTERTAINER. An employee who engages in or performs adult live entertainment.
ADULT LIVE ENTERTAINMENT. Any performance of or involving the actual presence of real people which exhibits specified sexual activities or specified anatomical areas, as defined in this section.
ADULT LIVE ENTERTAINMENT BUSINESS. Any establishment or business which has as one of its principal business purposes the presentation of adult live entertainment for observation by patrons.
ADULT MINI-MOTION-PICTURE BOOTH. Any booth or partitioned area of less than 150 square feet in an adult mini-motion-picture theater that is designed to hold patrons for the presentation and viewing of still or motion pictures (slides, film, videotape, laser disc, CD-ROM or other imaging media) that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified anatomical areas or specified sexual activities, as defined in this section.
ADULT MINI-MOTION-PICTURE THEATER. A commercial establishment with one or more adult mini-motion-picture booths where:
(1) One of the principal business purposes is the presentation and viewing of still or motion pictures in the viewing booths that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified anatomical areas or specified sexual activities, as defined in this section; or
(2) A substantial or significant portion of the stock of still or motion pictures available for viewing or that are actually viewed in the viewing booths are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified anatomical areas or specified sexual activities, as defined in this section.
(3) Any of the following shall be indicia, which shall be considered with all other factors and available information, that the business establishment has as one of its principal business purposes the presentation and viewing in viewing booths still or motion pictures which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in this section:
(a) Restricted access to the business establishment or portions of the business establishment where viewing booths are located to persons less than 18 years of age;
(b) Posted signs or notices outside and/or inside the business establishment indicating that the material offered for presentation and viewing in the viewing booths might be offensive.
ADULT MOTION-PICTURE THEATER. A commercial establishment that regularly presents motion pictures which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in this section, in an area, whether enclosed or not, of 150 square feet or greater for observation by patrons therein.
APPLICANT. The owner of a sexually oriented business.
CHIEF OF POLICE. The Chief of the Asheboro Police Department, or his or her designee.
CITY MANAGER. The Asheboro City Manager, or his or her designee (who shall not be an employee of the Asheboro Police Department).
CLOTHING MODELING STUDIO. Any place where, for any form of consideration or gratuity, a person agrees or offers to privately model clothing, including, but not limited to, lingerie, for an individual patron.
CONVICTED. An adjudication of guilt and entry of judgment following a trial or a plea of guilty or no contest in a criminal case arising under local, state, or federal law.
EMPLOYEE. Any person who performs any service or entertainment upon the premises of a sexually oriented business, whether or not the person is denominated an employee, independent contractor, agent, or otherwise and regardless of whether or not the person is paid a salary, wage, or other compensation by the operator of the business. The term EMPLOYEE does not include a person exclusively on the premises for any of the following:
(1) The repair or maintenance of the premises;
(2) The delivery of goods to the premises: or
(3) The delivery of services, such as legal, accounting, insurance, or other similar services provided to businesses generally.
LICENSEE. A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license.
OPERATOR. Any person who is both present on and in charge of any sexually oriented business premises.
OWNER. The legal owner of a sexually oriented business and includes the following:
(1) The owner of a sole proprietorship;
(2) Each member of a firm, association, or general partnership;
(3) Each general partner in a limited partnership;
(4) Each manager in a limited liability company; or
(5) Each officer, director, and owner of 50% or more of the stock of a corporation.
PERSON. An individual, proprietorship, partnership, limited liability company, corporation, association, or other legal entity.
SEXUALLY ORIENTED BUSINESS. Any adult bookstore, adult live entertainment business, adult mini-motion-picture theater, adult motion-picture theater, or clothing modeling studio, as defined in this section.
SEXUALLY ORIENTED CRIME. Any criminal offense under local, state, or federal law involving or related to rape, sex offense, sexual abuse of minors, crime against nature, incest, prostitution, indecent exposure, or this chapter.
SEXUALLY ORIENTED DEVICES. Without limitation, any artificial or simulated specified anatomical area or other device or paraphernalia that is designed principally for specified sexual activities, but does not mean any contraceptive device.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered:
(a) Human genitals, pubic region; or
(b) Buttock; or
(c) Female breast below a point immediately above the top of the areola: or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Sex acts, normal or perverted, actual or simulated, including human masturbation, sexual intercourse, oral copulation, or sodomy;
(3) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; or
(4) Excretory functions, as part of or in connection with any of the activities set forth in divisions (1) through (3) of this definition.
STRADDLE. The straddling of the legs of one person over any part of the body of any other person, regardless of whether there is a touch or touching.
TOUCH. To touch with a portion of the human body or with any object.
('69 Code, § 11-27) (Ord., passed 12-6-79; Am. Ord. 28 ORD 5-10, passed 5-6-10)