The following terms are defined for use in this chapter:
1. “Adult entertainment businesses” include the following:
A. “Adult amusement or entertainment” means an amusement or entertainment which is distinguished or characterized by a predominant usage of, display of, or emphasis on acts or material depicting, describing or relating to sex acts or specified anatomical areas, as defined in this section, including, but not limited to, topless or bottomless dancers, exotic dancers, strippers, male or female impersonators or similar entertainment.
B. “Adult bookstore” means an establishment having as a predominant portion of its stock in trade books, film, magazines and other periodicals or goods and items held for sale which are distinguished or characterized by their emphasis on matters depicting or describing sex acts or specified anatomical areas, as defined in this section.
C. “Adult hotel or motel” means a building with accommodations used for the temporary occupancy of one or more individuals and is an establishment wherein material is presented with is distinguished or characterized by a predominant emphasis on depicting or describing sex acts or specified anatomical areas, as defined in this section, for observation by the individuals therein.
D. “Adult motion picture arcade” means any place to which the public is permitted or invited wherein coin- 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 an emphasis on matter depicting or describing sex acts or specified anatomical areas, as defined in this section.
E. “Adult motion picture theater” means an enclosed building used predominantly for presenting material distinguished or characterized by an emphasis on matter depicting or describing sex acts or specified anatomical areas, as defined in this section.
F. “Adult photo studio” is an establishment which, upon payment of a fee, provides photographic equipment and/or models for the purpose of photographing specified anatomical areas or sex acts, as defined herein.
G. “Massage parlor” means any building, room, place or establishment, where manipulated massage or manipulated exercise is practiced for pay upon the human body with an emphasis on set acts or specified anatomical areas, as defined herein, by anyone not a duly licensed physician, nurse operating under a physician’s direction, physical therapist, registered speech pathologist, or physical or occupational therapist who treats only patients recommended by a licensed physician and operates only under such physician’s direction, whether with or without the use of mechanical, therapeutic or bathing devices, and includes Turkish bath houses. The term does not include a regular licensed hospital, medical clinic or nursing home, duly licensed beauty parlors or barber shops, or therapeutic massage not within the above prohibited conduct.
H. “Sexual encounter center” means any business, agency, or person who, for any form of consideration or gratuity, provides a place where three or more persons may congregate, assemble or associate for the primary purpose of engaging in sex acts or exposing specified anatomical areas, as defined in this section.
2. “Sex act” means any sexual contact, actual or simulated, either natural or deviate, between two or more persons, or between a person and an animal, by penetration of the penis into the vagina or anus, or by contact between the mouth or tongue and genitalia or anus, or by contract between a finger of one person and the genitalia of another, or by use of artificial sexual organs or substitute therefor in contact with the genitalia or anus.
3. “Specified anatomical areas” includes the following: human genitals, pubic region, buttocks; and a female breast below a point above the top of the areola.
No adult entertainment business, as defined in Section 125.01, shall be established within 1,000 feet of another business, school, church, public park, public playground, public plaza, day nursery, day care center, nursery school, regularly scheduled school bus stop, or any dwelling (one-family, two-family or multiple dwelling). Licensed premises as defined in Section 123.3, subsection 20 of the Code of Iowa are exempt from the provisions of this section but are still bound by the provisions of Chapter 728.5 of the Code of Iowa, dealing with public indecent exposure in certain establishments.
The establishment of an adult entertainment business includes the opening of such business as a new business, the relocation of such business, or the conversion of an existing business location to any of the uses described as an adult entertainment business. Measurement of the 1,000-foot restriction specified in Section 125.02 shall be taken on a direct line from the property line of such adult entertainment business to the point on the property line of another business, school, church, public park, public playground, public plaza, day nursery, day care center, nursery school, regularly scheduled school bus stop, or any dwelling (one-family, two-family or multiple dwelling).
Loading...