For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT AMUSEMENT ARCADE. Any place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration, electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disk 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 the depicting or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE, ADULT NOVELTY STORE, or ADULT VIDEO STORE. A commercial establishment which, as one of its regular features, 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, videocassettes or video reproductions, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or
(2) Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.
ADULT CABARET. A night club, bar, restaurant, or similar commercial establishment which regularly features:
(1) Persons who appear in a state of nudity or semi-nude;
(2) Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(3) Films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTEL. Hotel, motel, or like commercial establishment which:
(1) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which 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 which advertises the availability of this adult-type photographic reproductions;
(2) Offers a sleeping room for rent for a period of time that is less than ten hours; or
(3) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.
ADULT MOTION THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the dominant depiction or description of specified sexual activities or specified anatomical areas.
ADULT STAGE SHOW THEATER. A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or are semi-nude, or live performances which are characterized by the exposures of specified anatomical areas or by specified sexual activities.
EMPLOYEE. Any person who performs any service on the premises of a sexually-oriented business on a full-time, part-time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise and whether or not said person is paid a salary, wage, or other compensation by the operator of said 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 on the premises.
ENTERTAINER. Any person who provides sexually-oriented entertainment in a sexually-oriented business whether or not an employee of the business and whether or not a fee is charged or accepted for such entertainment.
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.
ESCORT AGENCY. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
ESTABLISHMENT. Any sexually-oriented business, whether existing or opening of such business; the conversion of an existing business, whether or not a sexually-oriented business to any sexually- oriented business; the additions of any sexually-oriented businesses to any other sexually-oriented businesses; or the relocation of any sexually-oriented business.
MANAGER. Any person who manages, directs, administers, or is in charge of the affairs and/or the conduct of a sexually-oriented business.
MENTAL STATES. Required to prove violations. Notwithstanding anything to the contrary, for the purpose of this chapter, an act by an employee or any person shall be imputed to the sexually- oriented business owner or manager for the purpose of finding a violation if the owner or manager knowingly or negligently allowed such act to occur on the premises of the establishment.
NUDE, NUDITY, or a STATE OF NUDITY. The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft, or cleavage with less than a frilly opaque covering; the showing of the female breasts with less than a frilly opaque covering of any part of the nipple; or the showing of the covered male genitals in a discernibly turgid state.
OWNER. Any individual, proprietorship, partnership, corporation, association, or other legal entity who has legal title to real estate, with or without actual possession thereof, or has all or part of the beneficial ownership of any real estate and a right to present use or enjoyment thereof, including a mortgage in possession.
PERSON. An individual, proprietorship, partnership, corporation, association, or other legal entity.
REGULARLY FEATURED or REGULARLY SHOWN. A substantial or significant use, but not necessarily a majority of the business activity or stock in trade. The fact that a business may have one or more other principal uses unrelated to sexually-oriented business shall not relieve the business from the provisions of this chapter if the business dedicates at least 25% of the utilized square footage of its premises for sexually-oriented business, or at least 25% of the gross receipts of a business, excluding food and beverage receipts, result from sexually-oriented business.
SEMI-NUDE or IN A SEMI-NUDE CONDITION. Showing of the female breast below a horizontal line across the top of the areola at its highest point of the showing of the male or female buttocks. 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, or other wearing apparel provided the areola is not exposed in whole or in part.
SEXUAL ACTIVITIES. Depiction of human genitals in a state of sexual stimulation, acts of human masturbation, sexual intercourse or sodomy, or holding or erotic touching of human genitals, pubic region, buttocks, or breasts.
SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration, physical contact in the form of wrestling or tumbling between persons of the opposite sex; or 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-nude.
SEXUALLY-ORIENTED BUSINESS. An adult amusement arcade, adult bookstore, adult motel, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult stage theater, escort agency, or sexual encounter center.
SPECIFIED ANATOMICAL AREAS. The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or less than completely and opaquely covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola.
SPECIFIED SEXUAL ACTIVITIES. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast; or other sexual acts, including but not limited to actual or stimulated, including intercourse, oral copulation, masturbation, or sodomy; or excretory functions as part of or in connection with any of the foregoing activities.
(Ord. 404, passed 2-17-2004)