Definitions applicable only to this chapter.
(a) An "adult oriented business" is one which is designated and used to sell, rent or show sexually explicit materials distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" as herein defined and is more particularly, but not exclusively, defined as meaning an adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, or adult theater, or massage business.
(b) "Adult arcade" means any place to which the public is permitted or invited and where coin- operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing or image-transmitting devices are maintained to show images to five or fewer persons per machine at any one time, and where images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas".
(c) "Adult bookstore" or "adult video store" means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration, one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, CD-ROMs, digital discs, video representations or any other communication or data storage medium which visually depict or describe "specified sexual activities" or "specified anatomical areas"; or
(2) Instruments, devices or paraphernalia which are designated for use in connection with "specified sexual activities".
(d) "Adult cabaret" means a nightclub, bar, restaurant or similar commercial establishment which regularly features:
(1) Persons who appear in a state of nudity; or
(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, other photographic reproductions or any previously recorded visual presentations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
(e) "Adult motel" means 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, other photographic reproductions and transmitted or recorded visual presentations 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 presentation; or
(2) Offers sleeping rooms 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 sublet the room for a period of time that is less than ten hours.
(f) "Adult motion picture theater" means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, similar photographic reproductions or previously recorded visual presentations are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
(g) "Adult theater" means a theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performance which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities".
(h) "Massage" means the manipulation of body muscles or tissue by rubbing, stroking, kneading or tapping by hand or mechanical device.
(i) "Massage business" means any establishment or business wherein massage is practiced, including establishments commonly known as health clubs, physical culture studios, massage studios or massage parlors which is characterized by emphasis on matters and activities related to "specified sexual activities" or "specified anatomical areas" as defined herein.
(j) "Nudity" or "a state of nudity" means the appearance of a human bare buttock, anus, male genitals, female genitals or female breast.
(k) "Persons" means an individual, proprietorship, partnership, corporation or other legal entity.
(l) "Semi-nude" means a state of dress in which clothing covers no more than the genitals, pubic region and nipples of the female breast, as well as portions of the body covered by supporting straps or devices.
(m) "Sexually oriented devices" mean, without limitation, any artificial or simulated specified anatomical area or other device or paraphernalia that is designed principally for specified sexual activities, but shall not mean any contraceptive device.
(n) "Specified sexual activities" mean, and include, any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast;
(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 subsections (1) through (3) above.
(o) "Specified anatomical areas" means less than completely and opaquely covered human genitals, pubic region, buttocks and female breast below a point immediately above the top of the nipple; and human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(Ord. 1820. Passed 4-9-98.)