(a) “Adult arcade” means any place to which the public is permitted or invited where either or both; motion picture machines, projectors, video or laser disc players, or other video image producing devices are available, run via coin, token or any form of consideration, to show images to five or fewer persons at one time; and where the images shown and/or live entertainment presented are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”.
(b) “Adult bookstore, adult novelty store, or adult video store” means a commercial establishment which, as one of its principal business purposes, 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, video cassettes or video reproductions, slides, or other visual representations which depict or describe “specified sexual activities” or “specified anatomical areas”; or
(2) Instruments, devices, or paraphernalia which are designed for use in connection with “specified sexual activities”.
(c) “Adult cabaret” means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1) Persons who appear in a state of nudity, or
(2) Live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”.
(d) “Adult motel” means 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 transmissions, films, motion pictures, video cassettes, slide 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 any of these sex-oriented type of photographic reproductions; or
(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 subrent the room for a period of time that is less than ten hours.
(e) “Adult motion picture theater” means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, video disks, CD- ROM disks, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”.
(f) “Adult theater” means a theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear in a “state of nudity” or “semi nudity” or live performances which are characterized by the depiction or description of “specified anatomical areas”, “specified sexual activities”, or live entertainment of an erotic nature, including exotic dancers, strippers, male or female impersonators, or similar entertainment.
(g) “Nude model studio” means any place where a person who appears in a “state of nudity” or “semi nudity” or who displays “specified anatomical areas” is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.
(h) “Nudity, state of nudity, or nude” means the exposing to view of the genitals, pubic area, vulva, perineum, anus, anal cleft or cleavage, pubic hair with less than a fully opaque covering, exposing to view any portion of the areola of the female breast with less than a fully opaque covering, exposing to view male genitals in a discernibly turgid state, even if entirely covered by an opaque covering, or exposing to view any device, costume, or covering that gives the appearance of or simulates any of these anatomical areas.
(i) “Semi nudity, state of semi nudity, or semi nude” means exposing to view with less than a fully opaque covering, any portion of the female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided that the areola is not exposed in whole or in part.
(j) “Sexually oriented business” means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, nude model studio, or sexual encounter center.
(k) “Specified anatomical areas” means:
(1) The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
(2) 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.
(l) “Specified sexual activities” means:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(2) Sexual acts, normal or perverse, actual or simulated, including intercourse, oral copulation, masturbation or sodomy; or
(3) Excretory functions as part of or in connection with any of the activities set forth in subsections (1) and (2) above.
(Ord. 10-1998. Passed 6-10-98.)