For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
SEXUALLY ORIENTED BUSINESS. A business which offers its customers or patrons any device, activity or demonstration depicting specified sexual activities, or which is intended to appeal to sexual interest, titillation or arousal of the customer or patron. A SEXUALLY ORIENTED BUSINESS shall include an adult establishment as defined in G.S. § 14-202.10(2) and, in addition without limitation: an adult arcade, an adult bookstore or video store, adult cabaret, adult massage parlor, adult motel, adult motion picture theater, adult theater, nude model studio, sexual encounter studio, or any combination of the foregoing. As used in this chapter the following definitions shall apply:
(1) ADULT ARCADE (also known as “PEEP SHOW”). Any place to which the public is permitted or invited wherein coin-operated or token operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to persons in booths or viewing rooms where the image so displayed depict or describe specified sexual activities and/or specified anatomical areas. Booths or viewing rooms shall not be completely enclosed to prevent management from viewing clientele.
(2) ADULT BOOKSTORE or AUDIO/VIDEO STORE. A commercial establishment which receives the majority of its gross income during any calendar month from the sale or rental of any one of more of the following or has a preponderance of its inventory consisting of:
(a) Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, videocassettes or video reproductions, slides, or other visual representations that depict or describe specified sexual activities and/or specified anatomical areas;
(b) Video games or computer programs that depict any sexual activity in a digital or other similar imaging media format; or
(c) Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.
(3) ADULT CABARET. A nightclub, bar, restaurant, or other commercial establishment that regularly features, exhibits, or displays as one of its business purposes;
(a) Persons who appear nude or semi-nude;
(b) Live performances which are characterized by exposure of specified anatomical areas and/or specified sexual activities;
(c) Films, motion pictures, videocassettes, slides, or other photographic reproductions which depict or describe specified sexual activities and/or specified anatomical areas; or
(d) Persons who engage in lewd, lascivious or erotic dancing or performances that are intended for the sexual interest or titillation of an audience or customers.
(4) ADULT MASSAGE PARLOR. A commercial establishment where, for any form of consideration, massage, alcohol rub, fomentation, electrical or magnetic treatment, or manipulation of the human body is administered. This definition does not include the practice of a North Carolina licensed professional nor an athletic club, physical fitness center, school, gymnasium, reducing salon, or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
(5) ADULT MOTEL. A hotel, motel or similar commercial establishment that:
(a) Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public rights-of-way that advertises the availability of this adult type of photographic reproductions; or
(b) Offers a sleeping room for rent for a period of time that is less than 12 hours; or
(c) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 12 hours.
(6) ADULT MOTION PICTURE THEATER. Commercial establishments where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions that depict or describe specified sexual activities and/or specified anatomical areas are regularly shown as one of its principal business purposes.
(7) ADULT THEATER. A theater, concert hall, auditorium, or similar commercial establishment which regularly features exhibits or displays as one of its principal business purposes, persons who appear in a state of nudity or semi-nude, or live performances that expose or depict specified anatomical areas and/or specified sexual activities.
(8) NUDE MODEL STUDIO. Any place that allows, permits or makes available a person who appears nude, semi-nude, or who displays specified anatomical areas for the purpose of being observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any other form of consideration. NUDE MODEL STUDIO shall not include a proprietary school licensed by the State of North Carolina or a college, junior college, or university supported entirely or in part by public taxation; 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 taxations; or in a structure:
(a) That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing;
(b) Where in order to participate in a class a student must enroll at least three days in advance of the class; and
(c) Where no more than one nude or semi-nude model is on the premises at any one time.
(9) NUDE or STATE OF NUDITY. The showing of human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage 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.
(10) SEMI-NUDE. The showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit or other wearing apparel provided the areola is not exposed in whole or in part.
(11) SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its business purposes, offers for any form of consideration, physical contact in the form of wrestling or tumbling between persons of the opposite sex, or activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
(12) SPECIFIED ANATOMICAL AREAS. Includes any of the following:
(a) Less than completely and opaquely covered:
1. Human genitals, pubic region;
2. Buttock; or
3. Female breast below a point immediately above the top of the areola.
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(13) SPECIFIED SEXUAL ACTIVITIES. Includes any of the following:
(a) Human genitals in a state of sexual stimulation, arousal, or tumescence;
(b) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(c) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(d) Masturbation, actual or simulated;
(e) Masochism, erotic or sexually-oriented torture, beating or the infliction of pain;
(f) Erotic or lewd touching, fondling, or other contact with an animal by a human being; or
(g) Human excretion, urination, menstruation, vaginal or anal irrigation.
(Ord. 2007-02-01, passed 3-19-07)