As used in this Chapter, unless the context clearly indicates or requires a different meaning:
"Sexually explicit entertainment activity or activities," "Sexually explicit entertainment establishment" or "Sexually oriented business" shall mean one or more of the following activities:
a. "Sexually explicit amusement arcade." An establishment which maintains one or more of the following: customer-operated motion picture devices, computers or other image producing devices, peep shows, viewing areas or similar devices either electronically, electrically or mechanically controlled, or coin, token or slug operated, and where the images so displayed are distinguished or characterized by the depicting or describing of sexual activities as defined in this section, or which, in consideration of an entrance fee, display material distinguished or characterized by an emphasis on depictions of sexual activities, as defined in this Subchapter, or which offer male or female persons in a nude state as defined herein.
b. "Sexually explicit book store or novelty store." An establishment which has as a significant or substantial portion of its stock-in-trade, or derives a significant or substantial portion of its revenues, or devotes a significant or substantial portion of its interior business or advertising, or maintains a substantial section of its sales or display space for the sale, rent or display of pictures, books, periodicals, magazines, appliances, instruments, devices, toys, paraphernalia and similar material which are distinguished or characterized by their emphasis on depictions of sexual activities as hereinafter defined.
c. "Sexually explicit entertainment provider." An establishment such as a hotel or motel, which makes entertainment, either live, or on film or video tape, available to its customers, which entertainment has as a dominant theme or is characterized or distinguished by an emphasis on matter depicting, describing or relating to sexual activities, if such establishment advertises the availability of such sexually explicit entertainment at this establishment. The advertisement of such materials shall not include the position of a card or handbill on or near a television set in a hotel or motel room advising room guests that such sexually explicit movies are available upon request of the guest, or advertising or informing the public of the availability of commercial cable channels.
d. "Sexually explicit escort or escort service." An establishment which is held out to the public to be available for hire and which for monetary consideration agrees to consort with or accompany another, or others, to or about social affairs, entertainments or places of amusement, or within any place of public resort or within any private quarters, and advertises, communicates or offers that sexually explicit entertainment activity, acts of sexual conduct or sexual stimulation will be provided.
e. "Sexually explicit motion picture theater." An establishment which regularly makes available the presentation of motion picture, video, DVD, slide projections and other similar material having as a dominant theme or characterized or distinguished by an emphasis on matter depicting, describing or relating to sexual activities, as defined in this Chapter, for observation by persons therein.
f. "Sexually explicit stage show theater." An establishment which regularly makes available the presentation of live performances of humans or animals having as a dominant theme or characterized or distinguished by an emphasis on matter depicting, describing or relating to sexual activities, as defined in this Chapter, for observation by persons therein.
g. "Sexually explicit video cassette center." An establishment which has as a significant or substantial portion of its stock-in-trade, or derives a significant or substantial portion of its revenues, or devotes a significant or substantial portion of its interior business or advertising, or maintains a substantial section of its sales or display space for the rental or retail sale of video cassettes which depict material distinguished or characterized by an emphasis on or depictions of sexual activities, as defined in this Chapter, and which does not provide an on-premises showing of such materials.
h. "Cabaret." An establishment which features, as a principal use of its business or as a regular use of its business, entertainers, waiters, bartenders, male or female impersonators, or persons, either male or female, who appear in view of the patrons or members of the establishment at any time in a nude state, as defined in this Subchapter, including but not limited to go-go dancers, strippers or similar entertainers.
i. "Commercial or private sexual entertainment center." Any establishment not otherwise described in this section which regularly makes available material, services or entertainment appealing to sexual interests, including but not limited to a bath house, swingers' club or similar establishment if the establishment or its entertainment, services or goods are advertised by or on behalf of the establishment in a manner patently designed to appeal to such adult sexual interests. Entertainment appealing to adult sexual interests shall mean any exhibition, live performance, display or dance of any type which has as a significant or substantial portion of such performance any sexual activities as defined in this Subchapter or the exhibition of any person or persons in a nude state as defined herein.
j. "Self-designated sexually explicit entertainment center." Any establishment which designates all or a portion of its premises as for adults only, or has a policy of excluding minors from its premises or from a portion of its premises and which makes available services, entertainment or goods at the premises or at the portion of the premises designated for adults only which are characterized or distinguished by depictions of sexual activities as defined in this Chapter.
k. "Massage parlor." An establishment for treating the human body by rubbing, stroking, kneading, tapping or similar treatment with the hand which promotes its services in a manner designed to appeal to the patron's sexual interest.
"Director" shall mean the Chief Financial Officer of the City of Bowling Green or his designee.
"Employee" shall mean any person hired or permitted to work in an establishment engaging in sexually explicit entertainment activities, whether that person received remuneration or compensation directly from the operator or owner of the establishment from patrons of the establishment, or from any other source, whether by contract of employment or otherwise.
"Entertainment area" shall mean an area in a sexually explicit entertainment establishment consisting of a platform or other structure raised not less than eighteen (18") inches above the immediately surrounding main floor area.
"Establishment" shall mean a business entity, enterprise, activity, undertaking or endeavor of any nature conducted for gain or profit, or a not-for-profit private club conducted, operated or owned by an individual, partnership, limited liability company, registered limited liability partnership, corporation, association or any other entity, fixed, mobile or traveling, including its owners, operators, directors, shareholders, partners, employees and possession.
"Licensee" shall mean a person who is the holder of a valid license under this Chapter, also including an agent, servant or employee of, or other person acting on behalf of a licensee whenever a licensee is prohibited from doing a certain act under this Chapter.
"Nude" shall mean a person appearing live in an establishment in such a manner as to expose to view by patrons or members the anus, genitals, pubic region, or areola or nipple of the female breast, even if partially or completely covered by translucent material or human, or simulated male genitals in a discernible turgid state.
"Operator" shall mean any individual, partnership, for profit or not-for-profit corporation, limited liability company or any other business entity with all such individuals, partners, shareholders, officers and directors over the age of eighteen (18), who establishes or maintains an establishment as its owner or manager and shall also mean licensee as defined in this Chapter.
"Owner" shall mean any individual, partnership, corporation, limited liability company or any other business entity who has legal title to real estate, with or without accompanying actual possession thereof, or has all or part of the beneficial ownership of any real estate and a right to present use and enjoyment thereof, including a mortgagee in possession.
"Person" shall mean any individual, partnership, for profit or not-for-profit corporation, limited liability company or any other business entity.
"Sexual activities" shall mean depiction of human genitals in a state of sexual stimulation, acts of human masturbation, sexual intercourse, sodomy, holding or other erotic touching of human genitals, pubic region, buttocks or breasts.
(Ord. BG90-7, 2/20/90; Ord. BG93-17, 4/6/93; Ord. BG98-19, 5/5/98; Ord. BG2002-57, 12/3/2002)