For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ARCADE. 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 regularly 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 their emphasis upon matter exhibiting or describing specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE, ADULT NOVELTY STORE, ADULT VIDEO STORE. A commercial establishment which has 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 to the sale or rental, for any form of consideration, of any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, slides or other visual representations which are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas; and
(2) Instruments, devices or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.
ADULT CABARET. A nightclub, bar, juice bar, restaurant bottle club, theater, concert hall, auditorium, or similar commercial establishment, regardless of whether alcoholic beverages are served, which regularly features:
(1) Persons who appear semi-nude; or
(2) Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas.
ADULT MOTEL. A motel, hotel or similar commercial establishment which:
(1) Offers public accommodations, for any form of consideration, and which regularly provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas and which regularly advertises the availability of such material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; and
(2) Offers a sleeping room for rent for a period of time less than ten hours.
ADULT MOTION PICTURE THEATER. A commercial establishment where films, motion pictures, videocassettes, slides or similar photographic reproductions which are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.
COMMUNITY DEVELOPMENT DEPARTMENT. The city’s Community Development Department.
CONTROLLING INTEREST. The power, directly or indirectly, to direct the operation, management or policies of a business or entity, or to vote 20% or more of any class of voting securities of a business. The ownership, control or power to vote 20% or more of any class of voting securities of a business shall be presumed, subject to rebuttal, to be the power to direct the management, operation or policies of the business.
DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON. The dominant or principal theme of the object described by such phrase. For instance, when the phase refers to films WHICH ARE DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON THE EXHIBITION OR DESCRIPTION OF SPECIFIED SEXUAL ACTIVITIES OR SPECIFIED ANATOMICAL AREAS, the films so described are those whose dominant or principal character and theme are the exhibition or description of specified anatomical areas or specified sexual activities.
EMPLOY, EMPLOYEE and EMPLOYMENT. Any person who performs any service on the premises of a sexually-oriented business, on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise. EMPLOYEE does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
ESTABLISH or ESTABLISHMENT. 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.
HEARING OFFICER. The Mayor of the city or a designee of the Mayor.
LICENSEE. A person in whose name a license to operate a sexually-oriented business has been issued, as well as the individual or individuals listed as an applicant on the application for a sexually- oriented business license. In case of an “employee”, it shall mean the person in whose name the sexually-oriented business employee license has been issued.
NUDE or STATE OF NUDITY. A state of dress in which opaque clothing covers less than that area of the human body defined herein as “semi-nude” or “state of semi-nudity”.
OPERATE or CAUSE TO BE OPERATED or OPERATOR. To cause to function or to put or keep in a state of doing business. OPERATOR means any person on the premises of a sexually-oriented business who is authorized to exercise overall 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 a sexually-oriented business whether or not that person is an owner, part owner or licensee of the business.
PERSON. Individual, proprietorship, partnership, corporation, association or other legal entity.
REGULARLY FEATURES or REGULARLY SHOWN. A consistent or substantial course of conduct, such 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 sexually-oriented business.
SEMI-NUDE or STATE OF SEMI-NUDITY. The showing of the female breast below a horizontal line across the top of the areola and extending across the width of the breast at that point, or the showing of the male or female buttocks. This definition shall include the lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breasts exhibited by a dress, blouse, shirt, leotard or similar wearing apparel provided the areola is not exposed in whole or in part.
SEMI-NUDE MODEL STUDIO.
(1) Any place where a person, who regularly appears in a state of semi-nudity is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons.
(2) It is a defense to prosecution for any violation of this chapter that a person appearing in a state of semi-nudity or semi-nudity did so in a modeling class operated:
(a) By a college, junior college or university supported entirely or partly by taxation;
(b) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or
(c) In a structure:
1. Which has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; and
2. Where, in order to participate in a class a student must enroll at least three days in advance of the class.
SEXUAL ENCOUNTER ESTABLISHMENT. A business or commercial establishment, that as one of its principle business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate or consort for the purpose of specified sexual activities or when one or more of the persons is semi-nude. The definition of “sexually-oriented businesses” shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
SEXUALLY-ORIENTED BUSINESS. An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel or adult entertainment out-call service in the form of semi-nude dancing or exhibition, adult motion picture theater, adult theater, semi-nude model studio or sexual encounter establishment.
SEXUALLY-ORIENTED ENTERTAINMENT ACTIVITY. The sale, rental or exhibition for any form of consideration, of books, films, video cassettes, magazines, periodicals or live performances which are characterized by an emphasis on the exposure or display of specific sexual activity.
SPECIFIED ANATOMICAL AREAS. Human genitals, anus, cleft of the buttocks or the female breast.
SPECIFIED CRIMINAL ACTIVITY. Any of the following offenses:
(1) Prostitution or promotion of prostitution; dissemination of obscenity or illegal pornography; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; lewdness; sexual battery; rape; indecent exposure; indecency with a child; engaging in organized criminal activity relating to a sexually-oriented business; sexual assault; molestation of a child; or distribution of a controlled substance; criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses or offenses involving the same elements from any jurisdiction regardless of the exact title of the offense; for which:
(a) Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
(b) Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
(c) Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.
(2) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.
SPECIFIED SEXUAL ACTIVITY. Any of the following:
(1) Acts of:
(a) Masturbation;
(b) Human sexual intercourse;
(c) Sexual copulation between a person and a beast;
(d) Fellatio;
(e) Cunnilingus;
(f) Bestiality;
(g) Pederasty;
(h) Buggery; or
(i) Any anal copulation between a human male and another human male, human female or beast.
(2) Manipulating, caressing or fondling by any person of:
(a) The genitals of a human;
(b) The pubic area of a human; and
(c) The breast or breasts of a human female.
(3) Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume or the condition of being fettered, bound or otherwise physically restrained on the part of the one so clothed; and
(4) Excretory functions as a part of or in connection with any of the activities described in division (1) above.
TRANSFER OF OWNERSHIP OR CONTROL. 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.
VIEWING ROOM. The room, booth or area where a patron of sexually-oriented business would ordinarily be positioned while watching a film, videocassette or other video reproduction.
(Prior Code, § 14.18.020) (Ord. 98-16, passed 4-23-1998; Ord. 05-04, passed 2-3-2005)