For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ARCADE. Any place to which the public is permitted or involved wherein coin-operated, slug-operated or electronically or mechanically controlled still or motion-producing devices are maintained to show images to five or fewer persons per machine at any one time, or where the image is to be displayed, distinguished or characterized by depicting or describing specified sexual activities or specified anatomical areas.
ADULT CABARET, ADULT DANCE HALL, ADULT CLUB, ADULT BAR, ADULT TAVERN AND NIGHTCLUB, RESTAURANT OR SIMILAR COMMERCIAL ESTABLISHMENT OFFERING ADULT ENTERTAINMENT. Any cabaret, dance hall, club, tavern, bar, nightclub, restaurant or similar commercial establishment offering entertainment that presents material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas for observation by patrons therein, whether or not liquor is sold on the premises. Such presentation of material may be live or through films, motion pictures, video cassettes, slides or other photographic reproductions depicting or describing specified sexual activities or specified anatomical areas.
ADULT ENTERTAINMENT. Live or non-live entertainment containing specified sexual activities or displaying or presenting specified anatomical areas. This is a broad overall definition which includes the activities offered, displayed or presented by an adult cabaret, adult dance hall, adult club, adult bar, adult tavern, adult materials sale, adult mini-motion picture theater, adult motion picture theater and peep show.
ADULT MATERIALS SALES.
(1) Book, video or magazine sales, or sales and/or rentals of other printed matter, photographs, films, motion picture videos, production slides or other visual representations, where either the materials, the advertising or the displays or the signs in or out of the locations, offer written material showing, displaying or presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities, or are displayed in such a way that only the name of the book or magazine appears; and
(2) A. Those instruments, devices or paraphernalia which are used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.
B. Commercial establishments described herein may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be characterized as adult material sales establishments. Such other business purposes will not serve to exempt such a commercial establishment from being categorized as an adult material sales establishment so long as one of its principal business purposes is the offering for sale or rental for consideration of materials distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.
ADULT MINI-MOTION PICTURE THEATER. Any enclosed or semi-enclosed building which houses a commercial establishment with a capacity for fewer than 50 persons and used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT MOTEL. 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 which are used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.
ADULT MOTION PICTURE THEATER. Any enclosed or partially enclosed building which houses a commercial establishment, with a capacity of 50 or more persons, used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas for observation by patrons therein.
APPLICANT. A person who applies, by filling out an application, for a permit for an adult entertainment business.
CERTIFICATION. Occurs when the Code Enforcement Officer, after inspection of any premises for adult entertainment, writes a report to the Zoning Officer regarding compliance or noncompliance of said premises with the provisions of this chapter.
ESTABLISHMENT.
(1) The opening or commencement of any adult entertainment business as a new business;
(2) The conversion of an existing business, whether or not it is an adult entertainment business, to an adult entertainment business;
(3) The addition of any adult entertainment business to any other existing adult entertainment business; or
(4) The relocation of any adult entertainment business.
NUDITY and STATE OF NUDITY. The appearance of specified anatomical areas without any coverings on the body area.
PEEP SHOW. Any enclosed, semi-enclosed or unenclosed building/enclosure which houses a commercial establishment, with a capacity for one person, used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activity or specified anatomical areas for observation by persons therein.
PERMITTEE and LICENSEE. A person who has been issued a permit and/or license to operate an adult entertainment business, as well as any individual listed as the applicant on the application for a permit and/or license.
PERSON. An individual, proprietorship, partnership, corporation, association or other legal entity.
SEMI-NUDE and SEMI-NUDITY. The state of dress in which clothing partially or opaquely covers specified anatomical areas.
SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
(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 in a state of nudity or semi-nudity.
SPECIFIED ANATOMICAL AREAS. Human genitals, the pubic region, the anus, the buttocks, female breasts below a point immediately above the top of the areola, and/or female breasts partially or completely covering the areola.
SPECIFIED SEXUAL ACTIVITIES.
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts or simulated acts of human masturbation, sexual intercourse, sodomy or oral copulation;
(3) Fondling or other erotic touching of human genitals, the pubic region, the buttocks, the anus or female breasts; or
(4) Excretory functions as part of or in connection with any activities described in subsections (1) to (3) above.
TRANSFER OF OWNERSHIP OR CONTROL.
(1) The sale, lease or sublease of a business;
(2) The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange or similar means; or
(3) The establishment of a trust, gift or other similar device that transfers the ownership or control of the business, except for transfer by a bequest or other operation of law upon the death of a person possessing the ownership or control.
ZONING OFFICER. Any township official authorized to enforce the ordinances of the township, including, but not limited to, the Building Inspector.
(Ord. 896, passed 12-21-2011)