For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT-ORIENTED BUSINESS or ADULT USE BUSINESS. Any business engaged in adult uses.
ADULT USE 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 the body is wholly or partially nude in terms of specified anatomical areas.
ADULT USE BOOKSTORE, VIDEO STORE, or ADULT STORE. A commercial establishment which, as a principal business purpose, 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.
ADULT USE CABARET. A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1) Persons who appear semi-nude or in a state of nudity;
(2) Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(3) 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.
ADULT USE COMPANIONSHIP ESTABLISHMENT. An establishment which provides the service of engaging in, or listening to, conversation, talk, or discussion between an employee of the establishment and a customer, if the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT USE CONVERSATION/RAP PARLOR. A conversation/rap business which offers to engage customers in the service of engaging in, or listening to, conversation, talk, or discussion, if the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT USE HEALTH/SPORTS CLUB. A health/sport club which is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT USE HOTEL OR MOTEL. A hotel or motel, or similar establishment, which:
(1) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, 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;
(2) Offers a sleeping room for rent for a period of time that is less than ten hours; and/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.
ADULT USE MASSAGE PARLOR, HEALTH CLUB. A massage parlor or health club which provides the services of massage, if the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT USE MINI-MOTION PICTURE THEATER. A building, or portion of a building, with a capacity for less than 50 people, used for presenting material if the material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT USE 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 the customers, and who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by the customers.
ADULT USE MOTION PICTURE ARCADE. Any place to which the public is permitted or invited wherein coin or slug-operated, or electronically, electrically, or mechanically controlled, or customer operated, 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 depicting or describing specified sexual activities or specified anatomical areas.
ADULT USE MOTION PICTURE THEATER. A building, or portion of a building, with a capacity of 50 or more people used for presenting material via still or motion picture machine, projectors, or other image-producing devices to show images to customers or guests, if the material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT USE NOVELTY BUSINESS. A business which has, as a principal activity, the sale of devices which stimulate human genitals, or devices which are designed for sexual stimulation.
ADULT USE SAUNA. A sauna 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 specified sexual activities or specified anatomical areas.
ADULT USE STEAM ROOM/BATHHOUSE FACILITY. A building, or portion of a building, used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing, or reducing agent, if the service provided by the steam room/bathhouse facility is distinguished or characterized by a emphasis on specified sexual activities or specified anatomical areas.
ADULT USES. Adult bookstores, adult motion picture theaters, adult picture rental, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse sauna facilities, adult clubs, adult cabarets, adult companionship establishments, adult rap/conversation parlors, adult health sport clubs, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishments, businesses, or places open to some or all members of the public, or in which there is an emphasis on the presentation, display, depiction, or description of specified sexual activities or specified anatomical areas, which are capable of being seen by members of the public. This includes bars and/or businesses where upper and/or lower extremities are exposed, nude dancing, strip clubs, and dancing establishments with any type of partial or full nudity.
DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON. The dominant or principal theme of the object referenced. For instance, when the phrase refers to films, it may be phrased as “Which are DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON the exhibition or display of specified anatomical areas or specified sexual activities ”.
ESTABLISH or ESTABLISHMENT. Includes any of the following:
(1) The opening or commencement of any adult use business as a new business;
(2) The conversion of an existing business, whether or not an adult use business, to any adult use business;
(3) The addition of any adult use business to any other existing adult use business; or
(4) The relocation of any adult use business.
LICENSEE. A person in whose name a license to operate an adult use business has been issued, as well as the individual listed as an applicant on the application for a license.
NUDITY, NUDE or A STATE OF NUDITY.
(1) The appearance of a human bare anus, male genitals, female genitals, or female breast; and
(2) A state of dress which fails to opaquely cover a human anus, male genitals, female genitals, or areola of the female breast.
OPERATE or TO CAUSE TO BE OPERATED. To cause to function, or to put or keep in a state of, doing business.
OPERATOR. Any person on the premises of an adult use business who is authorized to exercise operational control of the business, or who causes to function, or who puts or keeps in operation, the business. A person may be found to be operating, or causing to be operated, an adult use business regardless of whether that person is an owner, part owner, or licensee of the business.
PERSON. An individual, proprietorship, partnership, corporation, association, or other legal entity.
REGULARLY FEATURES or REGULARLY SHOWN. A consistent or substantial course of conduct, that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the ongoing business of the adult use business.
SEMI-NUDE or IN A SEMI-NUDE CONDITION. A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered human genitals pubic region, buttock, anus, or female breasts below a point immediately above the top of the areola; and
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, the use of excretory functions in the context of a sexual relationship, and any of the following sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, intercourse, oral copulation, necrophilia, pederasty, pedophilia, piquerism, sapphism, sodomy, zooerasty, actual or simulated;
(2) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation, actual or simulated;
(3) Fondling or touching of nude human genitals, pubic region, buttocks, or female breast;
(4) Situations involving a person or persons, any of whom are nude, clad in undergarments, or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering binding, or other physical restraint of any persons;
(5) Erotic or lewd touching, fondling, or other sexually-oriented contact with an animal by a human being; and
(6) Human excretion, urination, menstruation, vaginal, or anal irrigation.
SUBSTANTIAL ENLARGEMENT. Increase in floor area occupied by the business by more than 25% as the floor area existed on the effective date of this chapter.
TRANSFER OF OWNERSHIP OR CONTROL. 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.
(Ord. 229, passed 4-6-2004)