For the purposes of this chapter only, the words and phrases below are defined as follows:
(A) ADULT ESTABLISHMENT. Any business that:
(1) Devotes a substantial or significant portion of its inventory, stock-in-trade, or publicly-displayed merchandise, or devotes a substantial or significant portion of its floor area (not including storerooms, stock areas, bathrooms, basements, or any portion of the business not open to the public) to, or derives a substantial or significant portion of its gross revenues from items, merchandise, devices or other materials distinguished or characterized by an emphasis on material depicting, exposing, simulating, describing, or relating to “specified sexual activities” or “specified anatomical areas”; or
(2) Engages in any “adult use” as defined in division (B) of this section.
(B) ADULT USE. An ADULT USE is any of the activities and businesses described below:
(1) ADULT BODY PAINTING STUDIO. An establishment or business, which provides the service of applying paint or other substance, whether transparent or non-transparent, to or on the body of a patron when such body is wholly or partially nude in terms of “specified anatomical areas.”
(2) ADULT BOOKSTORE or VIDEO STORE. An establishment or business used for the barter, rental, or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, movies, or motion picture film if a substantial or significant portion of its inventory, stock in trade, or publicly-displayed merchandise consists of, or if a substantial or significant portion of its floor area (not including storerooms, stock areas, bathrooms, basements, or any portion of the business not open to the public) is devoted to, or if substantial or significant portion of its gross revenues is derived from items, merchandise, devices or materials that are distinguished or characterized by an emphasis on material depicting, exposing, simulating, describing, or relating to specified sexual activities or specified anatomical areas.
(3) ADULT ENTERTAINMENT CENTER. A business or establishment that provides dancing or other live entertainment distinguished or characterized by an emphasis on the presentation, display, or depiction of “specified sexual activities” or “specified anatomical areas.”
(4) ADULT COMPANIONSHIP ESTABLISHMENT. A business or establishment that provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”
(5) ADULT CONVERSATION/RAP PARLOR. A business or establishment that provides the service of engaging in or listening to conversation, talk or discussion, if such service is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”
(6) ADULT HEALTH/SPORT CLUB. A health/sport club, which is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”
(7) ADULT HOTEL OR MOTEL. Adult hotel or motel means a hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas.”
(8) ADULT MASSAGE PARLOR, HEALTH CLUB. A massage parlor or health club which provides the services of massage, if such service is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”
(9) ADULT MODELING STUDIO. An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in “specified sexual activities” or display “specified anatomical areas” while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.
(10) ADULT MOTION PICTURE ARCADE. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled or operated still or motion picture machines, projectors, or other image-producing devices are maintained to show images to 5 or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing “specified sexual activities” or “specified anatomical areas.”
(11) ADULT MOTION PICTURE THEATER. A motion picture theater that as a prevailing practice presents movies distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas” for observation by patrons.
(12) ADULT NOVELTY BUSINESS. A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation.
(13) ADULT SAUNA. A sauna that provides 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.”
(14) ADULT STEAM ROOM/BATHHOUSE FACILITY. A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”
(C) NUDE or SPECIFIED ANATOMICAL AREAS. Means:
(1) The showing of the human male or female genitals, pubic area, buttocks, or anus 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; the exposure of any device, costume, or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum anal region or pubic hair region; or the exposure of any device worn as a cover over the nipples and/or areola of the female breast, which device simulates and gives the realistic appearance of nipples and/or areola; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(D) SPECIFIED SEXUAL ACTIVITIES. Means:
(1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or
(2) Clearly depicted human genitals in the state of sexual stimulation, arousal, or tumescence; or
(3) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or
(4) Fondling or touching of nude human genitals, pubic region, buttocks, or female breast; or
(5) Situations involving a person or person, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding, or other physical restraint of any such person; or
(6) Actual or simulated erotic or lewd touching, fondling or other sexually-oriented contact with an animal by a human being; or
(7) Human excretion, urination, menstruation, vaginal or anal irrigation.
(H) SUBSTANTIAL OR SIGNIFICANT PORTION. Means: 20% or more.
(Ord. 2012-09-04A, passed 9-4-2012)