1159.01  DEFINITIONS.
   For the purpose of this Zoning Code, the following words and phrases shall have the following meanings ascribed to them respectively:
   (a)   "Sexually oriented businesses" means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, nude model studio, or sexual encounter center, or massage parlor.
   (b)   "Adult arcade" means an establishment or place to which the public is permitted or invited wherein coin operated or slug operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to one or more persons, per machine, at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas", as described herein.
   (c)   "Adult bookstore" or "adult video store" means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration, any one or more of the following:
      (1)   Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations, which materials have, as their major or dominant theme, matter which depicts or describes "specified sexual activities" or "specified anatomical areas"; or
      (2)   Instruments, devices or paraphernalia which are designed for connection with "specified sexual activities".
   (d)   “Adult Booth” means any area of a sexually oriented business establishment set off from the remainder of such establishment by one or more walls or other dividers or partitions and used to show, play, or otherwise demonstrate any adult materials or to view any live performance that is distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
   (e)   “Adult material” means any of the following, whether new or used:
      (1)   Books, magazines, periodicals, or other printed matter, or digitally stored materials that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
      (2)       Films, motion pictures, video or audio cassettes, slides, computer displays or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
      (3)   Instruments, novelties, devices, or paraphernalia that are designed for use in connection with specified sexual activities, or that depict or describe specified anatomical areas.
   (f)   "Adult motel" means a hotel, motel, or similar commercial establishment which offers accommodations to the public for any form of consideration and provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions with said materials having, as their major dominant theme, matters which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas", as defined herein, and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions.
   (g)   "Adult motion pictures theater" means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which materials have as their major or dominant theme, matters which are characterized by the depiction or the description of "specified sexual activities" or "specified anatomical areas", as defined herein.
   (h)   “Commercial establishment” means any place where admission, services, performances, or products are provided for or upon payment of any form of consideration.
   (i)   “Days” means calendar days, unless otherwise specifically set forth in this chapter.
   (j)   “Licensed premises” means the place or location described in the sexually oriented business establishment license where a sexually oriented business establishment is authorized to operate.  No sidewalks, streets, parking areas, public rights-of-way, or grounds adjacent to any such place or location shall be included within the licensed premises.
   (k)   “Licensee” means any person or entity that has been issued a sexually oriented business license pursuant to the provisions of this chapter.
   (l)   “Nude” or “state of nudity” means a state of dress or undress that exposes to view:
      (1)    Less than completely and opaquely covered human genitals; pubic region; anus; or female breast below a point immediately above the top of the areolae, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areolae are not exposed; or
      (2)    Human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.
   (m)   "Nude model studio" means any place which regularly has persons display "specified anatomical areas" to be photographed, filmed, or video taped by other persons who pay money or any other form of consideration for such service.
   (n)   "Massage parlor" means any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fermentations, electrical or magnetic treatments, or any other treatment or manipulation of the human body which occurs as a part of or in connection with "specified sexual activities" or where any person providing such treatment, manipulation, or service related thereto, exposes "specified anatomical areas".  The definition of "sexually oriented businesses" shall not include the practice of massage in any licensed hospital, nor by a licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.
   (o)   "Person" means an individual, proprietorship, partnership, corporation, association, or other legal entity.
   (p)   “Reviewing departments” means The Planning Commission, The City Manager, Police Department, and Solicitor’s Office.
   (q)   "Sexual encounter center" means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration the following:
      (1)   Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
      (2)   Activities between male and female persons and/or persons of the same sex when one or more of the persons is displaying "specified anatomical areas" or engaging in "specified sexual activities", as defined herein.
   (r)   “Semi-nude” means a state of dress or undress in which clothing covers no more than the human genitals, anus, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices or by other minor accessory apparel such as hats, gloves, and socks.
   (s)   “Semi-nude” means a state of dress or undress in which clothing covers no more than the human genitals, anus, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices or by other minor accessory apparel such as hats, gloves, and socks.
   (t)   “Sexually oriented business establishment” means any of the following commercial establishments, as defined herein:
      (1)   Adult Cabaret. Any commercial establishment that as a substantial or significant portion of its business features or provides any of the following:
         A.   Persons who appear nude or semi-nude.
         B.   Live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
         C.   Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.
      (2)   Adult Store.  Any commercial establishment that:
         A.   Contains one or more adult booths;
         B.   As a substantial or significant portion of its business offers for sale, rental, or viewing any adult materials; or
         C.   Has a segment or section devoted to the sale or display of adult materials.
      (3)   Adult Theater.  Any commercial establishment that as a substantial or significant portion of its business features or provides films, motion pictures, video or audio cassettes, slides, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.
   (u)   “Sexually oriented business establishment employee” means any individual, including entertainers, who work in or at, or render any services directly related to the operation of an adult entertainment establishment; provided, however, that this definition shall not include persons delivering goods, materials (other than adult materials), food and beverages, or performing maintenance or, repairs, to the licensed premises.
   (v)   “Sexually oriented business establishment license” means a license issued for a sexually oriented business establishment pursuant to the provisions of this chapter.
   (w)   “Sexually oriented business establishment patron” means a sexually oriented business establishment employee, present in or at any sexually oriented business establishment at any time when such sexually oriented business establishment is open for business; provided, however, that this definition shall not include persons delivering goods, materials (other than adult materials), food and beverages, or performing maintenance or repairs, to the licensed premises.
   (x)   “Specified anatomical areas” means any of the following:
      (1)   Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breast below a point immediately above the top of the areolae, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areolae is not exposed.
      (2)   Human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.
   (y)   “Specified criminal act” means any unlawful, lewd, indecent, or immoral criminal conduct.
   (z)   “Specified sexual activities” means any of the following:
      (1)   Fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts.
      (2)   Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy.
      (3)   Masturbation, actual or simulated.
      (4)   Human genitals in a state of sexual stimulation, arousal, or tumescence.
      (5)   Excretory functions as part of or in connection with any of the activities set forth in subsection (z)(1) through (2) of this definition.
         (2004 Code)