For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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, which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this section or other periodicals, videotapes, compact discs, other photographic, electronic, magnetic, digital or other imaging medium); and
(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 section.
ADULT CABARET. A nightclub, bar, restaurant or similar commercial establishment that on a regular, sporadic or transient basis features:
(1) Persons who appear in a state of nudity or semi-nudity;
(2) Live performances that are characterized by the exposure of specified anatomical areas or specified sexual activities;
(3) Films, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or
(4) Persons who engage in erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.
ADULT ESTABLISHMENT. An adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult mini motion picture theater, escort agency, exotic car wash, exotic maid service, nude modeling studios, sexual encounter center or any other sexually-oriented business that is similar in nature and intent to any other adult entertainment business, as defined in this section.
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 section.
ADULT LIVE ENTERTAINMENT BUSINESS. Any establishment or business wherein adult live entertainment is shown for observation by patrons. This shall apply whether the entertainment is presented on a regular, sporadic or transient basis.
ADULT MOTEL. A hotel, motel or similar commercial establishment that:
(1) Offers accommodation 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 that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way that advertises the availability of this adult type of photographic reproductions;
(2) Offers a sleeping room for rent for a period of time that is less than 24 hours; or
(3) Allows a tenant or occupant of a sleeping room to sub rent a room for a period of time that is less than 24 hours.
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 section, for observation by patrons therein. ADULT MOTION PICTURE THEATER does not include any adult mini motion picture theater, as defined in this section.
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 section, for observation by patrons therein.
EMPLOYEE. A person who performs any service on the premises of a sexually-oriented business on a full-time, part-time, contract basis or independent basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise, and whether or not the person is paid a salary, wage or other compensation by the operator of the business. EMPLOYEE does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises, nor does EMPLOYEE include a person exclusively on the premises as a patron or customer.
ENLARGEMENT OF A SEXUALLY-ORIENTED BUSINESS. The increase in floor areas occupied by the business by more than 10% as the floor areas exist on 10-11-1999.
ESCORT. A person who, for 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 and whose advertisements, promotions or obvious intent to the public is sexual in nature.
ESCORT AGENCY. A person or business association who furnishes, offers to furnish or advertises as one of its primary business purposes for a fee, tip or other consideration and whose advertisements, promotions or obvious intent to the public is sexual in nature.
ENTERTAINER. Any person who provides entertainment within or at an adult establishment, whether or not a fee is charged or entertainment and whether or not entertainment is provided by that person as an employee or an independent contractor.
EROTIC. Refers to any seductive, titillating, immodest, indecent, suggestive, passionate or similar reference, act, service or deed.
ESTABLISHMENT.
(1) The opening or commencement of any sexually-oriented business as a new business;
(2) The conversion of an existing business, whether or not a sexually-oriented business to any sexually-oriented business;
(3) The additions of any sexually-oriented business to any other existing sexually-oriented business; or
(4) The relocation of any sexually-oriented business.
EXOTIC CAR WASH. A facility that offers a car cleaning or washing service performed by employees that are in a state of nudity or semi-nudity.
LICENSED DAY CARE CENTER. A facility licensed by the state, whether situated within the town or not, that provides care, training, education, custody, treatment or supervision for more than 12 children under 14 years of age, where such children are not related by blood, marriage, adoption to the owner or operator of the facility, for less than 24 hours a day, regardless of whether or not the facility is operated for a profit or charges for the services it offers.
LICENSEE. A person in whose name a license has been issued, as well as the individual listed as an applicant on the application for a license.
NUDE MODEL STUDIO. Any place where a person appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons for consideration.
NUDITY or STATE OF NUDITY. The appearance of a human bare buttock, anus, anal cleft or cleavage, pubic area, male genitals, female genitals or vulva, with less than fully opaque covering; or human genitals in a discernibly turgid state even if completely and opaquely covered.
PREMISES. The real property upon which the sexually-oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually-oriented business, the grounds, private walkways and parking lots and/or parking garages adjacent thereto, under the ownership, control or supervision of the licensee, as described in the application for a business license pursuant to § 112.04 of this chapter.
SEMI-NUDE. The appearance of the female breast below a horizontal line across the top of the areola at its highest point. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit or other wearing apparel provided the areola is not exposed in whole or in part.
SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its principal 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) Physical contact in the form of wrestling or tumbling and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
SEXUALLY ANATOMICAL AREAS. Less than completely and opaquely covered:
(1) Human genitals, pubic regions;
(2) Buttocks;
(3) Female breast below a point immediately above the top of the areola; or
(4) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse or sodomy; or
(3) Fondling of other erotic touching of human genitals, pubic regions, buttocks or female breasts.
SEXUALLY-ORIENTATED BUSINESS. Any business or enterprises that have as one of then-principal business purposes or as a significant portion of their business an emphasis on matter and conduct depicting, describing or related to anatomical areas and sexual activities as specified in G.S. § 14-202.10. This term may be used interchangeably with ADULT ESTABLISHMENT.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTATED BUSINESS.
(1) The sale, lease or sublease of the business;
(2) The transfer of securities that form 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 that transfers the ownership of control of the business, except for the transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
ZONING ADMINISTRATOR. The code enforcement officer of the town. The ZONING ADMINISTRATOR is responsible for the enforcement of this chapter.
(Prior Code, § 112.02) (Ord. passed 3-13-2000)