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 invited wherein coin operated or slug operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, videos, laser or compact disc players, or other image producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by their emphasis upon matters exhibiting specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE. A commercial establishment which has a significant or substantial portion of its stock-in-trade, or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising, or maintains a substantial section of its sales or display space for sale or rental, for any form of consideration, any one of more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or other visual representations which are characterized by their emphasis upon the exhibition or display of specified sexual activities or specified anatomical areas; or
(2) Instruments, devices or paraphernalia which are designed or for use or marketed primarily for the stimulation of human genital organs or for sadomasochistic use or abuse of the user or others.
ADULT CABARET. A night club, restaurant or similar commercial establishment which regularly features:
(1) Persons who appear semi-nude;
(2) Live performances which are characterized by their emphasis upon the exhibition or display or specified sexual activities; or
(3) Films, motion pictures, video cassettes, slides, laser or compact discs, or other photographic reproductions which are characterized by their emphasis upon the exhibition or display of specified sexual activities or specified anatomical areas.
ADULT MOTEL. A hotel, motel or similar commercial establishment which: offers accommodations; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, laser or compact discs or other photographic reproductions which are characterized by their emphasis upon the exhibition or display of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type or photographic reproductions; and either:
(1) Offers a sleeping room for rent for a period of time that is less than ten hours; or
(2) Allows a tenant or occupation of a sleeping room to subrent the room for a period of time, that is less than ten hours.
ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, laser or compact discs, or similar photographic reproductions are regularly shown which are characterized by their emphasis upon the exhibition or display of specified sexual activities or specified anatomical areas.
ADULT THEATER. A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear semi-nude, or live performances which are characterized by their emphasis upon the exhibition or display of specified sexual activities.
CHIEF OF POLICE. The Chief of Police of the city or his or her designated agent.
DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON. The dominant or principal theme of the object referenced. For instance, when the phrase refers to films which are DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON THE EXHIBITION OR DISPLAY OF SPECIFIED SEXUAL ACTIVITIES OR SPECIFIED ANATOMICAL AREAS, the films so described are those who dominant or principal character and theme are the exhibition and display of specified anatomical areas or specified sexual activities.
EMPLOYEE, EMPLOY and EMPLOYMENT. Describe and pertain to any person who performs any service on the premises of a sexually oriented business on a full-time, part-time or contract basis, regardless of whether the person is designated as an employee, independent contractor, agent or another status. EMPLOYEE does not include a person exclusively on the premises for repair or maintenance of the premises, or for the delivery of goods to the premises.
ESCORT. A person who, for any form of consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCY. A person or business association that for any form of consideration furnishes, offers to furnish or advertises to furnish, escorts as one of its primary business purposes.
ESTABLISH or ESTABLISHMENT. The opening or commencement of any sexually oriented business as a new business; or the conversion of any existing business, whether or not a sexually oriented business, to any sexually oriented business; or the addition of any other sexually oriented business to any other existing sexually oriented business; or the relocation of any sexually oriented business.
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.
NUDE, NUDITY or A STATE OF NUDITY. The showing of the human, post-pubertal male or female genitals, pubic area or buttocks with less than a full opaque covering, the depiction of the covered male genitals in a discernibly turgid state, or the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple.
OPERATE or CAUSES TO BE OPERATED. To cause to function or to put or keep in a state of doing business. OPERATOR means any person on the premises of a sexually oriented business who is authorized to exercise operational control of the business, or who causes to function or puts or keeps in operation, the business. A person may be found to be OPERATING or CAUSING TO BE OPERATED a sexually oriented business regardless of whether that person is an owner, part owner or licensee of the business.
PERSON. An individual, proprietorship, partnership, corporation, association or other legal entity.
REGULARLY FEATURES or REGULARLY SHOWN. A consistent or substantial course of conduct, that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the ongoing business of the sexually oriented business.
RESIDENTIAL. A single-family, two-family or multiple-family use.
RESIDENTIAL DISTRICT. A single-family, two-family or multiple-family zoning district as defined in the zoning ordinance of the city.
SEMI-NUDE. A state of dress in which clothing covers no more than the genitals, pubic area and the female breast below the top of the nipple, as well as portions of the body covered by supporting straps or devices. This definition shall include the entire portion of the human female breast below the top of the nipple, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard or bathing suit.
SEMI-NUDE MODEL STUDIO. A commercial establishment which regularly features a person who appears semi-nude and is provided to be observed, sketched, drawn, painted, sculptured or photographed by other person who pay money or any form of consideration. SEMI-NUDE MODEL STUDIO shall not include a proprietary school licensed by the State of Nebraska; or a college, junior college or university supported entirely or in apart by public taxation; or a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation.
SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate or consort for the purpose of specified sexual activities. The definition of SEXUAL ENCOUNTER CENTER or any sexually oriented businesses 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.
SEXUALLY ORIENTED BUSINESS. An adult arcade, adult bookstore or adult novelty store or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, semi-nude motel studio or sexual encounter center.
SPECIFIED ANATOMICAL AREAS. The human, post-pubertal male or female genitals, pubic area, buttocks with less than a full opaque covering, the male genitals in a discernibly turgid state even if completely and opaquely covered, or the female breast with less than a full opaque covering of any portion thereof below the top of the nipple.
SPECIFIED SEXUAL ACTIVITIES.
(1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship and any of the following sexually-oriented acts of conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquierism, sapphism, zooerasty; or
(2) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or
(3) Use of human or animal ejection, sodomy, oral copulation, coitus, masturbation; or
(4) Fondling or touching of nude human genitals, pubic region, buttocks or female breast(s); or
(5) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons; or
(6) Erotic or lewd touching, fondling or other sexually-oriented contact with an animal or human being; or
(7) Human excretion, urination, menstruation, vaginal or anal irrigation.
SUBSTANTIAL ENLARGEMENT. The increase in floor area occupied by the business by more than 25% as the floor area exists on the date this chapter takes effect or on the date of the issuance of a sexually oriented business license.
TRANSFER OF OWNERSHIP OR CONTROL.
(1) The sale, lease or sublease of the business;
(2) The transfer of securities which 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 legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Ord. 822, passed 4-26-2005; Ord. 1038, passed 9-27-2016)