For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. Any person making an application for a license under this title.
APPLICATION. A form with blanks or spaces thereon, to be filled in and completed by the applicant as his or her request for a license, furnished by the city and uniformly required as a prerequisite to the consideration of the issuance of a license for a business.
BOND. A corporate surety document in the form and with the provisions acceptable and specifically approved by the City Attorney.
BUSINESS. Any activity, occupation, sale of goods or services or transaction that is either licensed or regulated, or both licensed and regulated, by the terms and conditions of this title.
ESCORT. A person who, for 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.
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.
LICENSE. A document issued by the city to an applicant permitting him or her to carry on and transact a business.
LICENSEE. An applicant who, pursuant to his or her application, holds a valid, current, unexpired and unrevoked license from the city for carrying on a business. In the case of a sexually oriented business license, a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license.
LICENSE FEE. The money paid to the city pursuant to an application and prior to issuance of a license to transact and carry on a business.
NUDE MODEL STUDIO. Any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.
NUDITY or A STATE OF NUDITY.
(1) The appearance of a human bare buttock, anus, male genitals, female genitals or female breast; or
(2) A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals or areola of the female breast.
SALE, SELL and SOLD. All forms of barter and all manner or means of furnishing merchandise to persons.
SEMI-NUDE. A state of dress in which clothing covers no more than the genitals, pubic region and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.
SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) 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.
SEXUALLY ORIENTED 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 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 the depicting or describing of "specified sexual activities" or "specified anatomical areas."
SEXUALLY ORIENTED BOOKSTORE or SEXUALLY ORIENTED VIDEO 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: books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes or video reproductions, compact discs, computer software, digital recordings, slides or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas."
SEXUALLY ORIENTED BUSINESS. A sexually oriented arcade; sexually oriented bookstore; sexually oriented video store; sexually oriented cabaret; sexually oriented conversation/rap parlor; sexually oriented massage parlor; sexually oriented motel; sexually oriented motion picture theater; sexually oriented sauna; sexually oriented theater; escort agency; nude model studio; or sexual encounter center; and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at 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.
SEXUALLY ORIENTED CABARET. A nightclub, bar, restaurant or similar commercial establishment which regularly features:
(1) Persons who appear 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, compact discs, computer software, digital recordings or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
SEXUALLY ORIENTED CONSERVATION/RAP PARLOR. A conversation/rap parlor which excludes minors by reason of age, or 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."
SEXUALLY ORIENTED MASSAGE PARLOR. A massage parlor which excludes minors by reason of age, or which provides for any form of consideration, the rubbing, stroking, kneading, tapping or rolling of the body, if the service provided by the massage parlor is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."
SEXUALLY ORIENTED MOTEL. A hotel, motel or similar commercial 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; 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.
SEXUALLY ORIENTED MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
SEXUALLY ORIENTED SAUNA. A sauna which excludes minors by reason of age, or which provides for any form of consideration, 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."
SEXUALLY ORIENTED THEATER. A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
SPECIFIED ANATOMICAL AREAS. Either of the following:
(1) The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
(2) Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.
SPECIFIED SEXUAL ACTIVITIES. Any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
(3) Masturbation, actual or simulated; or
(4) Excretory functions as part of or in connection with any of the activities set forth in divisions (1) through (3) above.
(Prior Code, § 6.01) (Ord. 188, effective 10-2-1998)