The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Adult arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are 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 an emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
Adult bookstore means an establishment which, as one of its primary business purposes, offers for sale, rental or trade for any form of consideration books, magazines, periodicals or other printed materials, photographs, films, motion reproductions which are distinguished or characterized by an emphasis on matters depicting, describing or related to "specified sexual activities" or "specified anatomical area," or instruments, devices or paraphernalia which is designed for use in connection with "specified sexual activity" or which depict "specified anatomical areas."
Adult motion picture theaters means a commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown which are distinguished or characterized by an emphasis on "specified sexual activity" or the exposure of "specified anatomical areas."
Adult motels means a motel, hotel, or similar commercial establishment which:
(1) Offer accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, film, motion pictures, videocassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" and which has a sign visible from a public right-of-way which advertises the availability of this type of photo graphics;
(2) Offers a sleeping room for rent for a period of time that is less than ten hours; or
(3) Allows a tenant or an occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.
Adult theaters means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are distinguished or characterized by an emphasis on "specified sexual activities" or the exposure of "specified anatomical areas."
Chief of police means the chief of police of the city or their designated agent.
Customer means any person who:
(1) Is allowed to enter a sexually oriented business in return for the payment of an admission fee or any other form of consideration;
(2) Enters a sexually oriented business and purchases, rents, or otherwise partakes of any merchandise, goods, entertainment or other services offered therein; or
(3) Is a member of and on the premises of a sexually oriented business operating as a private club.
Employee means any person who renders any work or service in the scope of employment, or pursuant to a contract as a contractor, for a sexually oriented business for pay.
Escort means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who, for consideration, agrees or offers to privately model lingerie or to privately perform a striptease for another person.
Escort agency means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of it[s] primary business purposes, for a fee, tip, or other consideration.
Establishment means and includes any of the following:
(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 addition of any sexually oriented business to any other existing sexually oriented business; or
(4) The relocation of any sexually oriented business.
License appeal board means the city council with recommendations from the planning and zoning commission.
Licensee means a 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 the application for a license.
Operates or causes to be operated means to cause to function or to put or keep in operation. The following persons operate or cause to be operated a sexually oriented business:
(1) Owner or part owner;
(2) Licensee or applicant;
(3) A person who performs any of the following activities:
a. Operates a cash register, cash drawer or other depository on the premises;
b. Displays or takes orders from any customer for any merchandise, goods, entertainment or other services;
c. Delivers or provides to any customer any merchandise, goods, entertainment or other services that are offered on the premises; or
d. Acts as a door attendant to regulate entry of customers or other persons into the business; and
(4) A person who supervises or manages other persons in the performance of any of the activities in the above subsections.
Owner or part owner means the proprietor, if a sole proprietorship, any and all general partners if a partnership, a member of any association, or the corporation if a corporation.
Person means an individual, proprietorship, partnership, corporation, association, or other legal entity.
Premises means the parcel of land where a sexually oriented business is located, and all buildings and improvements located on the parcel of land that are used in the operation of the sexually oriented business.
Semi-nude means a state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breasts, as well as portions of the body covered by supporting straps or devices.
Specified anatomical areas means:
(1) Less than completely and opaquely covered:
a. Human genitals, pubic region;
b. Buttocks; and
c. Female breasts below a point immediately above the top of the areola.
(2) Human male genitals in a discernibly turgid state even if completely and opaquely covered.
Specified sexual activities means:
(1) Human genitals in a state a sexual stimulation or arousal;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, masturbation, oral copulation, sodomy;
(3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breasts.
(4) Excretory functions as part of or in conjunction with any of the activities set forth in subsections (1) through (3) of this definition.
Transfer of ownership or control of a sexually oriented business means and includes any of the following:
(1) The sale, lease, or sublease of the business;
(2) The transfer of securities which constitute 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 which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Prior Code, § 5-224; Ord. of 1-13-1998)