The following words and terms, when used in this Division Q, shall have the following meanings, unless the context clearly indicates otherwise.
ADULT BODY PAINTING STUDIO. An establishment or business which provides the service of applying paint or other substance, whether transparent or non-transparent, to or on the body of a patron when such body is wholly or partially nude in terms of as defined herein.
ADULT BOOK STORE. An establishment that has 40% or greater of its current store stock in merchandise, videos, books, magazines and/or other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to or as herein defined.
ADULT CAR WASH. A wash facility for any type of motor vehicle that allows employees, agents, independent contractors or to appear in a state of partial or total in terms of as defined herein.
ADULT COMPANIONSHIP ESTABLISHMENT. A companionship establishment which excludes by reason of age, or which provides the service for a fee of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on or as defined herein.
ADULT ENTERTAINMENT FACILITY. A building or space wherein an admission is charged for entrance, or food or nonalcoholic beverages are sold or intended for consumption, and wherein may be observed live presentation of entertainment distinguished or characterized by an emphasis on matters depicting, describing or relating to or as defined herein.
ADULT MINI-MOTION PICTURE THEATER. A building or space with a capacity for fewer than 50 used for presenting material distinguished or characterized by an emphasis on matters depicting, describing, or relating to or as herein defined, for observation by patrons therein. The phrase USED FOR in this definition shall mean a regular and substantial course of conduct and not a one-time presentation of such material.
ADULT MODELING STUDIO. An establishment whose major business is the provision to customers of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in as defined herein or display as defined herein while being observed, painted, painted upon, sketched, drawn, sculptured, photographed or otherwise depicted by such customers.
ADULT MOTION PICTURE THEATER. A building or space with a capacity of 50 or more used for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to or as herein defined, for observation by patrons therein. The phrase USED FOR in this definition shall mean a regular and substantial course of conduct and not a one-time presentation of such material.
ADULT SAUNA. A sauna which excludes by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on or as defined herein.
BOOTHS, STALLS OR PARTITIONED PORTIONS OF A ROOM OR INDIVIDUAL ROOM.
(a) Enclosures specifically offered to for a fee or as an incident to performing high-risk sexual conduct; or
(b) Enclosures which are part of a business operated on the premises which offers movies or other entertainment to be viewed within the enclosure, including enclosures wherein movies or other entertainment is dispensed for a fee.
The phrase BOOTHS, STALLS OR PARTITIONED PORTIONS OF A ROOM OR INDIVIDUAL ROOMS does not mean enclosures which are private offices used by the owners, managers or employed by the premises for attending to the tasks of their employment, and which are not held out to the public or members of the establishment for hire or for a fee or for the purpose of viewing movies or other entertainment for a fee, and are not open to any other than employees.
CITY. City of Bloomington, Minnesota.
CLEAN. The absence of dirt, grease, rubbish, garbage, semen, bodily excretions and other offensive, unsightly or extraneous matter.
DOORS, CURTAINS or PORTAL PARTITIONS. Full, complete, nontransparent closure devices through which one cannot see or view activity taking place within the enclosure.
GOOD REPAIR. Free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions and similar defects so as to constitute a good and sound condition.
HEALTH INSPECTORS. Inspectors employed by the or their agents.
ISSUING AUTHORITY. The City of Bloomington License Section.
MINOR. Any natural under the age of 18 years.
NUDITY. The showing of the human male or female genitals or pubic area with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering below a point immediately above the top of the areola; or the depiction or showing of the covered male genitals in a discernibly turgid state.
OPEN TO AN ADJACENT PUBLIC ROOM SO THAT THE AREA INSIDE IS VISIBLE TO PERSONS IN THE ADJACENT PUBLIC ROOM. Either the absence of any entire door, curtain or portal partition or a door or other device which is made of clear, transparent material such as glass, plexi-glass or other similar material meeting Building Code and safety standards, which permits the activity inside the enclosure to be entirely viewed or seen by outside the enclosure.
PERSON. One or more natural ; a partnership, including a limited partnership; a corporation, including a foreign, domestic or nonprofit corporation; a trust; a political subdivision of the state; or any other business organization.
SEXUALLY-ORIENTED BUSINESS. An , , , , , , , or as herein defined.
SPECIFIED SEXUAL ACTIVITIES. Include the following:
(1) Human genitals in a discernible state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse or sodomy;
(3) Fondling or other erotic touching of human genitals, pubic region or pubic hair, buttock, or female breast or breasts; or
(4) Any combination of the foregoing.
SPECIFIED ANATOMICAL AREAS.
(a) Less than completely and opaquely covered:
(1) Human genitals, pubic region or pubic hair;
(3) Female breast or breasts below a point immediately above the top of the areola; or
(4) Any combination of the foregoing.
(b) Human male genitals in a discernibly turgid state even if completely and opaquely covered.
(1958 Code, § 142.17) (Ord. 69-100, passed 12-22-1969; Ord. 74-110, passed 11-18-1974, renumbered to § 142.19; recodified by Ord. 95-13, passed 8-7-1995)