The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ADULT ARCADE. Any establishment where one or more still or motion picture projectors, slide projectors or similar machines, or other image producing machines, for viewing by five or fewer persons each, are regularly used to show films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by the depiction or description of specified anatomical areas or specified sexual activities.
ADULT CABARET. Any nightclub, bar, restaurant or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:
(1) Persons who appear nude or seminude;
(2) Live performances that are characterized by the exposure of specified anatomical areas; or
(3) Films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by the depiction or description of specified anatomical areas or specified sexual activities.
ADULT BOOKS. Any books, magazines, periodicals, pamphlets, or other printed materials characterized by the depiction, display, or description of specified anatomical areas or specified sexual activities.
ADULT ENTERTAINMENT.
(1) Any exhibition of any adult-oriented motion picture, live performance, display or dance of any type that has as a significant or substantial portion of such performance, any performance of specified sexual activities or exhibition and viewing of specified anatomical areas, removal of articles of clothing or appearing unclothed, pantomime, modeling, or any other personal services offered customers, when such adult entertainment is held, conducted, operated or maintained for profit, direct or indirect; and
(2) Any amusement machine that is regularly used for presenting material that is characterized by the depiction or description of specified anatomical areas or specified sexual activities, for observation by patrons thereof.
ADULT MINI-MOTION PICTURE THEATER. Any enclosed building with a capacity of 50 or less persons regularly used for showing films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by the depiction or description of specified anatomical areas or specified sexual activities, for observation by patrons therein.
ADULT MOTION PICTURE THEATER. Any enclosed building with a capacity of more than 50 persons regularly used for showing films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by the depiction or description of specified anatomical areas or specified sexual activities, for observation by patrons therein.
ADULT NOVELTIES.
(1) Instruments, devices, toys or paraphernalia that are designed for or marketed primarily for stimulating human genital organs, sexual arousal or sadomasochistic use;
(2) Instruments, devices, gag gifts, toys or paraphernalia that depict, display or are shaped in the form of specified anatomical areas; and
(3) Oils, lotions, gels or creams that are designed for or marketed primarily for use upon specified anatomical areas and intended for stimulating human genital organs, sexual arousal or as an aid to enhance or promote specified sexual activities.
ADULT ORIENTED STORE. Any establishment having:
(1) A substantial or significant portion of its stock in trade in adult books, adult videos or adult novelties or any combination thereof; or
(2) Any portion of its stock in trade in adult books, adult videos or adult novelties and in conjunction therewith has rooms, designated areas or facilities for the presentation, observation or use by patrons of any item sold or rented in such establishment.
ADULT THEATER. Any theater, concert hall, auditorium or similar commercial establishment that regularly features persons who appear nude or seminude or who appear in live performances that are characterized by the depiction or description of specified anatomical areas or specified sexual activities, for observation by patrons therein.
ADULT VIDEOS. Films, motion pictures, videocassettes, DVDs, software, slides or other photographic reproductions characterized by the depiction, display, or description of specified anatomical areas or specified sexual activities.
CHURCH. Any church, synagogue, mosque, temple or building that is used primarily for religious worship and related religious activities.
EMPLOYEE. Any and all persons, including independent contractors, who work in or at or render any services directly related to the operation of a sexually oriented business.
ENTERTAINER. Any person who provides adult entertainment within a sexually oriented business, whether or not a fee is charged or accepted for such entertainment and whether or not such entertainment is provided as an employee or independent contractor.
ESCORT. Any person who, for any form of consideration, agrees or offers to act as a social 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. Any person or business that furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
INSPECTOR. The Mayor, Chief of Police, Fire Chief, Chief Building Official, Director of Health & Housing, Zoning Administrator, their agent or representative, or any city or state employee designated to make inspections for public safety, fire code, building code, public health, zoning purposes, violations of this chapter, or for violations of other laws and ordinances of the city or state.
LICENSED PREMISES. Any premises that requires a sexually oriented business license pursuant to this chapter, including any buildings, parking areas and all other portions of the property of which the licensee has control.
LICENSEE. Any 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 an application for a license.
LIVE ADULT ENTERTAINMENT. Any live performance by a person who appears nude or seminude or any live performance that is characterized by the exposure of specified anatomical areas.
MASSAGE PARLOR. Any establishment having a fixed business where any person engages in or carries on, or permits to be engaged in or carried on, any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical or electric apparatus or appliance with or without any supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice. The definition of massage parlor shall not include the practice of massage:
(1) In any state-licensed hospital, nursing home, clinic, medical office or rehabilitation facility;
(2) By a state-licensed physician, surgeon, chiropractor, osteopath, physical therapist, or massage therapist;
(3) By any registered nurse, licensed practical nurse or technician working under the supervision of a state-licensed physician, surgeon, chiropractor, osteopath, physical therapist, or certified massage therapist who shall be present on the licensed premises during the time the service is rendered;
(4) By trainers for any amateur or professional athlete or athletic team or school athletic program; or
(5) By any state-licensed barber or beautician with regard to the massaging of the neck, face, scalp and hair for cosmetic or beautifying purposes.
MASSEUR. Any person who, for any form of consideration, performs massage activities as described in the previous definition of this section.
MINOR. Any person under the age of 18 years.
NUDE MODEL STUDIO. Any place where a person, for any form of consideration, regularly appears nude or seminude or displays specified anatomical areas to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. A nude model studio shall not include a modeling class operated by an accredited public or private school or college.
NUDITY.
(1) The appearance of human bare buttocks, anus, genitals, pubic region or the areola or nipple of the female breast; or
(2) A state of dress that fails to opaquely and fully cover human buttocks, anus, genitals, pubic region or areola or nipple of the female breast.
OPERATOR. Any person operating, owning, managing, conducting or maintaining a sexually oriented business.
PUBLIC BUILDING. Any building owned, leased or otherwise held by the United States, the state, the city, any other city, any fire district, any school district, or any other agency or political subdivision of the United States or the state, which building is used for governmental purposes.
PUBLIC PARK AND RECREATION AREA. Public land that has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, golf course, basketball or tennis courts, pedestrian or bicycle paths, open space, wilderness areas, or similar public land within the city that is under the control, operation, or management of the city, any other city, or the state.
SCHOOL. Any public, private or parochial educational facility including, but not limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, middle schools, junior high schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, alternative schools, junior colleges, colleges and universities. SCHOOL includes the school grounds but does not include any facility used primarily for another purpose and only incidentally as a school.
SEMINUDE. A state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
SEXUAL ENCOUNTER ESTABLISHMENT. A business or commercial establishment that, for any form of consideration, offers a place where two or more persons may congregate, associate or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas. A sexual encounter establishment shall not include an establishment where a state-licensed medical practitioner, psychologist, psychiatrist, or similar professional person engages in medically approved and recognized sexual therapy.
SEXUALLY ORIENTED BUSINESS.
(1) An adult arcade, adult-oriented store, adult cabaret, adult mini-motion picture theater, adult motion picture theater, adult theater, escort agency, massage parlor, nude model studio or sexual encounter establishment;
(2) Any premises to which the public, patrons, or members are invited or admitted and wherein an entertainer provides adult entertainment, or which premises are so physically arranged as to provide booths, cubicles, studios, rooms, compartments or stalls separate from the common areas of the premises for the purpose of viewing adult-oriented motion pictures or wherein an entertainer provides adult entertainment, when such adult entertainment is held, conducted, operated or maintained for profit, direct or indirect; or
(3) Any adult entertainment studio or any premises that are physically arranged and used as such, whether advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio or any other term of like import.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, vulva, or female breasts below a point immediately above the top of the areola; or
(2) Human male genitals in a discernibly turgid state, even if completely opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(1) Showing of human genitals in a state of sexual stimulation or arousal;
(2) Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio or cunnilingus;
(3) Fondling or touching of another person's genitals, pubic region, buttocks or female breasts;
(4) Lap dancing; or
(5) Excretory functions as part of or in connection with any of such activities. Sexual activities is not intended to include any medical publications or films or bona fide educational publication or films, nor does it include any art or photography publications that devote at least 25% of the lineage of each issue to articles and advertisements dealing with subjects of art or photography. Nor does this definition apply to any news periodical that reports or describes current events and which, from time to time, publishes photographs of nude or seminude persons in connection with the dissemination of the news. Nor does this definition apply to publications or films that describe and report different cultures and which, from time to time, publish or show photographs or depictions of nude or seminude persons when describing cultures in which nudity or seminudity is indigenous to the population.
(Ord. 8183-2018, passed 4-2-2018)