(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
SEXUALLY-ORIENTED BUSINESS. Any business activity whether in public, semi-public or private premises, which offers the opportunity to feel, handle, touch, paint, be in the presence of or be entertained by the unclothed body or the unclothed portion of the body of another person, or to observe, view or photograph any such activity, except as specifically provided otherwise herein. SEXUALLY-ORIENTED BUSINESSES include, but are not limited to, the following.
(a) ADULT BOOKSTORE/FILM STORE. An establishment or commercial enterprise having 10% or more of its stock in trade in videos, tapes, cassettes, photographs, books, magazines and other periodicals which are distinguished by the predominant emphasis on matters depicting, describing or relating to specific sexual activities or specified anatomical areas, as defined below.
(b) ADULT CABARET. An establishment whose portion of business is the offering to customers of live entertainment which is intended to provide sexual stimulation or sexual gratification to such customers, including, but not limited to, dancing, posing, modeling, acting and which is distinguished by or characterized by a predominant emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas.
(c) ADULT DRIVE-IN THEATER. A drive-in theater used for presenting motion picture films, video cassettes, cable television or any other such visual media distinguished or characterized by a predominant emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas.
(d) ADULT ENCOUNTER PARLOR. An establishment whose business consists of premises where customers either congregate, associate or consort with employees who engage in specified sexual activities with or in the presence of such customers, or who display specified anatomical areas in the presence of such customers, with the intent of providing sexual stimulation or sexual gratification to such customers.
(e) ADULT LOUNGE. An adult cabaret, as defined herein, which is permitted or licensed pursuant to the Alcoholic Beverage Code where alcoholic beverages may be served or sold.
(f) ADULT MOTION PICTURE THEATER. An establishment or commercial enterprise which has an enclosed building with a capacity of more than five persons and is used for presenting material distinguished or characterized by a predominant emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.
(g) ADULT RETAIL STORE. A retail establishment in which:
1. Ten percent or more of the stock in trade consists of items, products or equipment distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas; or
2. Any person is excluded by virtue of age from all or part of the premises generally held open to the public where products or equipment distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(h) VIEWING BOOTHS/ARCADES. An establishment or commercial enterprise which has within its structure any electrical or mechanical device, which projects or displaces any film, videotape or reproduction into a viewing area obscured by a curtain, door, wall or other enclosure which is designed for occupancy by no more than five persons, and is used for presenting material distinguished or characterized by predominant emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by five or fewer persons.
SPECIFIED ANATOMICAL AREAS.
(a) Less than completely and opaquely covered:
1. Human genitals, pubic region;
2. Buttock; and
3. Female breast below a point immediately above the top of the areola.
(b) Human genitals in a discernibly erect state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(a) Human genitals in a state of sexual stimulation or arousal;
(b) Acts of human masturbation, sexual intercourse, sodomy, acts of bestiality; and
(c) Fondling or other erotic touching of human genitals, public region, buttock or female breast.
(B) Nothing in this chapter is intended to regulate:
(1) Any business operated by or employing psychologists, physical therapists, athletic trainers, licensed masseuses, cosmetologists or barbers, licensed by the state, performing functions authorized under the licenses held;
(2) Any business operated by or employing physicians, osteopaths, chiropractors or nurses, licensed by the state, engaged in practicing the healing arts; and/or
(3) Any retail establishment whose major business is the offering of wearing apparel for sale to customer.
(Ord. 12809, passed 12-8-2009)