§ 160.05 DEFINITIONS.
   As used in this chapter:
   ADULT BOOKSTORE. A bookstore:
      (1)   Which receives a majority of its gross income during any calendar month from the sale or rental of publications (including books, magazines, other periodicals, videotapes, compact discs, other photographic, electronic, magnetic, digital, or other imaging medium) 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 chapter; or
      (2)   Having as a preponderance (either in terms of the weight and importance of the material or in terms of greater volume of materials) of its publications (including books, magazines, other periodicals, videotapes, compact discs, other photographic, electronic, magnetic, digital, or other imaging medium) 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 chapter.
   ADULT ESTABLISHMENT. A business as defined in G.S. § 14-202.10(2). This definition includes adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult live entertainment businesses as defined in this chapter.
   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 chapter.
   ADULT LIVE ENTERTAINMENT BUSINESS. Any establishment or business wherein adult live entertainment is shown for observation by patrons.
   ADULT MINI-MOTION PICTURE THEATER. An enclosed building with viewing booths designed to hold patrons which is used for presenting motion pictures, a preponderance of 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 chapter, for observation by patrons therein.
   ADULT MOTION PICTURE THEATER.   An enclosed building or premises used for presenting motion pictures, a preponderance of 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 chapter, for observation by patrons therein. Adult motion picture theatre does not include any adult mini motion picture theatre.
   SEXUALLY ORIENTED BUSINESS. Any business or enterprise that has as one of its principal business purposes or as a significant portion of its business an emphasis on matter and conduct depicting, describing, or related to anatomical areas and sexual activities specified in G.S. §14-202.10.
   SEXUALLY ORIENTED DEVICE. Without limitation, any artificial replica or simulation of a specified anatomical area or other device or paraphernalia that is designed principally for specified sexual activities, but shall not include any contraceptive device.
   SPECIFIED ANATOMICAL AREAS. 
      (1)   Less than completely and opaquely covered:
         (a)   Human genitals, pubic region;
         (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)   Display of human genitals in a state of sexual stimulation or arousal;
      (2)   Acts of human masturbation, sexual intercourse or sodomy; or
      (3)   Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts.
(Ord. passed 3-19-12; Am. Ord. passed 8-21-23)