Any business, club or organization where one or more persons display "specified anatomical areas" or engage in "specified sexual activities", either in person or by photograph, motion picture, television or other type of image. This definition includes the following: "adult book store", "adult cabaret", "adult motel", "adult novelty shop", "adult theater", "massage parlor", and "public bath." Specific terms and definitions applicable to "sexually-oriented business" include:
(a) Adult Book Store: An establishment partly or wholly devoted to the display, sale or rental of books, magazines or other periodicals, video tapes, photographs or motion picture films which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities' or "specified anatomical areas" as defined by this Section, where the floor area or shelf space devoted to such material and accessible to customers exceeds five percent (5%) of the total floor area or shelf space accessible to customers.
(b) Adult Cabaret: A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1) Persons who appear in a state of semi-nudity or nudity; or
(2) Live performances which are characterized by the exposure of "specified sexual activities" or by "specified anatomical areas;" or
(3) Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction of "specified sexual activities" or by "specified anatomical areas;" or
(4) Persons who engage in lewd, lascivious or erotic dancing or performances that are intended for the sexual interests of an audience or customers.
(c) Adult Motel: A hotel, motel or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmission, films, motion pictures, video cassettes, 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 of photographic reproductions; or
(2) Offers a sleeping room for rent for a period of time that is less than twelve (12) hours; or allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than twenty-four (24) hours.
(d) Adult Novelty Shop: Any establishment where the floor area or shelf space devoted to the sale of devices which stimulate human genitals or devices designed for sexual stimulation accounts for more than five percent (5%) of the total floor area or shelf space accessible to customers.
(e) Adult Theater: Any establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas", or regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified sexual activities" or "specified anatomical areas."
(f) Massage Parlor: An establishment in which a substantial or significant portion of the business conducted involves the administration of non-therapeutic massage, erotic touching, or fondling of such body areas as human genitals, pubic region, buttock, or breasts. The term "massage parlor" does not include medical or therapeutic massage services or any state licensed practitioners or medical or related services such as chiropractors or physical therapists.
(g) Nudity or State of Nudity: The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast without a fully opaque complete covering of the breast below a point immediately above the top of the areola, or human male genitals in a discernible turgid state even if completely and opaquely covered.
(h) Public Bath: An establishment providing common bathing facilities or hot tubs for use for a fee. Shower facilities, swimming pools, saunas and similar facilities intended as accessory uses in a school, health club, motel, or similar facility are not "public baths."
(i) Semi-Nude: A state of dress in which clothing covers no more than the human bare buttock, anus, male genitals, female genitals, or female breast without a fully opaque complete covering of the breast below a point immediately above the top of the areola, or human male genitals in a discernible turgid state even if completely and opaquely covered.
(j) Specified Anatomical Areas: Human genitals, pubic regions, buttock, or any portion of the female breast below a point immediately above the top of the areola when less than completely and opaquely covered, in addition to human genitals in a discernibly turgid state, even if completely and opaquely covered.
(k) Specified Sexual Activities: Human genitals in a state of stimulation or arousal; acts of human or animal masturbation, sexual intercourse (homosexual or heterosexual), or sodomy; fondling of or erotic touching of human genitals, pubic region, buttock or female breast; bestiality; fellatio or cunnilingus; sadomasochistic abuse; and human excretory functions.
(Ord. 1-15. Passed 2-23-15.)