For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ARCADE. A commercial establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image-producing machines, for viewing by five or fewer persons each, are regularly used to show films, motion pictures, video cassettes, digital video disks (e.g., DVDs), slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE or ADULT VIDEO STORE. A commercial establishment which has a significant or substantial portion (25% or more) of its stock-in-trade or interior business space allocated to, or derives 25% or more of its revenues from the sale or rental for any form of consideration of, any one or more of the following: books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, digital video disks (e.g., DVDs), slides, or other visual representations which are characterized by the depiction or display of specified sexual activities or specified anatomical areas.
ADULT CABARET. A nightclub, bar, restaurant, bottle club, or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:
(1) Persons who appear semi-nude or in a state of semi-nudity; or
(2) Live performances which are characterized by the exposure of specified anatomical areas or by pictures, video cassettes, digital video disks (e.g., DVDs), slides, or other photographic reproductions which are characterized by the depiction 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, which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, digital video disks (e.g. DVDs), slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertises the availability of this sexually oriented type of 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;
(2) Offers a sleeping room for rent for a period of time less than ten hours; or
(3) Allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten hours.
ADULT MOTION PICTURE THEATER. A commercial establishment where films, motion pictures, video cassettes, digital video disks (e.g., DVDs), slides, or similar photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.
ADULT THEATER. A theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of semi-nudity or live performances which are characterized by exposure of specified anatomical areas or by specified sexual activities.
CHARACTERIZED BY. This term means the essential character or quality of an item. As applied in this chapter, no business shall be classified as a sexually oriented business by virtue of showing, selling, or renting materials rated NC-17 or R by the Motion Picture Association of America.
COMMERCIAL SEXUAL ENTERTAINMENT CENTER. Any commercial establishment not otherwise described herein which as one of its principal uses regularly offers matter, services, or entertainment appealing to adult sexual interests 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.
EMPLOYEE. Any person hired by or suffered or permitted to work in a sexually oriented business establishment whether that person receives 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, for work or services performed for the benefit of the sexually oriented business establishment. EMPLOYEE does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods, such as foods, to the premises.
ESCORT. A person who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCY. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
ESTABLISH or ESTABLISHMENT. Includes any of the following:
(1) The opening or commencement of any type of sexually oriented business as a new business after the adoption of this chapter;
(2) The conversion of an existing business, if not a sexually oriented business, to any of the sexually oriented businesses defined in this chapter;
(3) The addition of any of the sexually oriented businesses defined in this chapter to any other existing sexually oriented business; or
(4) The relocation of any sexually oriented business.
KNOWINGLY. A person engages in conduct KNOWINGLY if, when he or she engages in the conduct, he or she is aware of a high probability that he or she is doing so.
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.
MASSAGE PARLOR. Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a part of or in connection with specified sexual activities, or where any person providing this treatment, manipulation, or service related thereto, exposes his or her specified anatomical areas. The definition of sexually oriented businesses shall not include the practice of massage in any licensed hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, chiropractor, osteopath, or certified massage therapist, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor, osteopath, or certified massage therapist, nor by trainers for any amateur, semi-professional, or professional athlete or athletic team or school athletic program.
NUDITY or STATE OF NUDITY. Any of the following: the showing of the human male or female genitals, pubic area, anus, or anal cleft with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
OPERATE or CAUSE TO OPERATE. To cause to function, or to put or keep in a state of doing business.
OPERATOR. Any person on the premises of a sexually oriented business who operates or manages the business or exercises overall control of the business premises. A person may be found to be operating or causing to be operated a sexually oriented business regardless of whether that person is an owner, part owner, or licensee of the business.
PERMITTED OR LICENSED PREMISES. Any premises that requires a license or permit and that is classified as a sexually oriented business.
PERMITTEE. The same as LICENSEE.
PERSON. An individual, proprietorship, partnership, corporation, association, or other legal entity.
PRINCIPAL USE.
(1) A substantial or significant use, but not necessarily a majority of the business activity or stock in trade. The fact that a business may have one or more other PRINCIPAL USES unrelated to sexually oriented business shall not relieve the business from the provisions of this chapter applicable to sexually oriented business establishments.
(2) PRINCIPAL USE shall exist in the following circumstances:
(a) Where a business establishment dedicates, or permits the use of, at least 25% of the
utilized square footage of its premises for sexually oriented business activity or activities; or
(b) Where at least 25% of the gross receipts of a business establishment, excluding food and beverage receipts, result from sexually oriented business activity or activities.
PUBLIC BUILDING. Any building owned, leased, or held by the United States, the state, the county, a city, town, township, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used for government purposes.
PUBLIC PARK or RECREATION AREA. Public land which has been designated for park or recreational activities, including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian or bicycle paths, open space, wilderness areas, or similar public land within the town which is under the control, operation, or management of the United States, the state, the county, a city, town, township, any special district, school district, or any other agency or political subdivision of the state or the United States.
RECKLESSLY. A person engages in conduct RECKLESSLY if he or she engages in the conduct in plain, conscious, and unjustifiable disregard of harm that might result and the disregard involves a substantial deviation from acceptable standards of conduct.
REGULARLY. As used in the phrases herein such as REGULARLY FEATURES and REGULARLY OFFERS, REGULARLY means a consistent and repeated course of conduct engaged in or permitted by the operator of the business.
RELIGIOUS INSTITUTION. Any church, synagogue, mosque, temple, or building which is used primarily for religious worship and related religious activities.
RESIDENCE. Any structure, manufactured home, or mobile home used by one or more persons as a dwelling.
RESIDENTIAL DISTRICT OR USE. A single-family, duplex, townhouse, multiple-family, or mobile home park or subdivision and campground as defined in this code of ordinances.
SCHOOL. Any public or private educational facility, including but not limited to child daycare facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. SCHOOL includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a SCHOOL.
SELF-DESIGNATED SEXUALLY ORIENTED BUSINESS CENTER. Any establishment which designates all or a portion of its premises as for adults only and has a policy of excluding minors from its premises or from a portion of its premises and which advertises so as to convey the impression that the services, entertainment, matter, or goods available at the premises or at the portion of the premises designated for adults only are characterized or distinguished by displays of human genitals or sexual activities.
SEMI-NUDE. A state of dress which shows 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 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. 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.
SEX CLUB also known as a SWINGERS CLUB. An establishment which provides patrons the opportunity to voluntarily engage in and/or view live consensual sexual activity and which collects remuneration of any kind, including entrance fees, facility use fees, gratuities, fees for goods provided far in excess of their value, and/or donations.
SEXUAL DEVICE. Any three-dimensional object designed and marketed for stimulation of the male or female human genital organ or anus, or for sadomasochistic use or abuse of oneself or others, and shall include devices such as dildos, vibrators, and penis pumps, and shall also include other devices with non-sex related utility, such as leather whips, straps, and ligatures, when such devices are marketed in a context suggesting sexual or sadomasochistic purposes. Nothing in this definition shall be construed to include devices primarily intended for protection against sexually transmitted diseases or for preventing pregnancy. Nothing in this definition shall be construed to restrict sales by any pharmacy, drug store, medical provider, or any establishment primarily dedicated to providing medical or healthcare products or services.
SEXUAL DEVICE SHOP. A commercial establishment that regularly features SEXUAL DEVICES. Nothing in this definition shall be construed to include any pharmacy, drug store, medical clinic, or any establishment primarily dedicated to providing medical or healthcare products or services.
SEXUAL ENCOUNTER ESTABLISHMENT. A business or commercial establishment that, as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purposes of specified sexual activities.
SEXUALLY ORIENTED BUSINESS.
(1) Any of the following businesses, as defined herein: adult arcade; adult bookstore; adult novelty store; adult video store; adult cabaret; adult motel; adult motion picture theater; adult theater; escort; escort agency; massage parlor; self-designated sexually oriented business center; semi-nude model studio; sex club; sexual device shop; or sexual encounter establishment.
(2) 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.
SPECIFIED ANATOMICAL AREAS. Includes any of the following:
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areola; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Includes any of the following: masturbation; intercourse; oral copulation; or sodomy; or excretory functions as a part of or in connection with any of these activities.
SUBSTANTIAL ENLARGEMENT OF SEXUALLY ORIENTED BUSINESS. Increase in the floor areas occupied by the business by more than 15%, as the floor areas exist on the date of the passage of this chapter.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS. 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 ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.
(2011 Code, § 112.02) (Ord. 2005-04, passed 10-3-2005)