16-16-030 Definitions.
   “Adult bookstore” means an establishment having as a substantial or significant portion of its sales or stock in trade, books, magazines, films for sale or viewing on premises by use of motion picture devices or any other coin-operated means, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities”, or “specified anatomical areas”, or an establishment with a segment or section devoted to the sale or display of such material, or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, presence of video preview or coin operated booths, the exclusion of minors from the establishment's premises, or any other factors showing that the establishment's primary purpose is to purvey such material.
   “Adult motion picture theater” means an enclosed building with a capacity of 50 or more persons used regularly and routinely for presenting material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas”, for observation by patrons therein.
   “Adult mini motion picture theater” means an enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas”, for observation by patrons therein.
   “Adult entertainment cabaret” means a public or private establishment which: (i) features topless dancers or strippers; (ii) not infrequently, features entertainers who display “specified anatomical areas”; or (iii) features entertainers who by reason of their appearance or conduct perform in a manner which is designed primarily to appeal to the prurient interest of the patron or entertainers who engage in, or engage in explicit simulation of, “specified sexual activities.”
   “Specified sexual activities” means and is defined as:
      1.   Human genitals in a state of sexual stimulation or arousal;
      2.   Acts of human masturbation, sexual intercourse or sodomy;
      3.   Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
   “Specified anatomical areas” means and is defined as:
      1.   Less than completely and opaquely covered: (a) human genitals, pubic region, (b) buttock and (c) female breast below a point immediately above the top of the areola; and
      2.   Human male genitals in a discernably turgid state, even if completely and opaquely covered.
(Prior code § 194C-3; Amend Coun. J. 7-29-87, p. 3030; Amend Coun. J. 2-10-93, p. 28689; Amend Coun. J. 5-6-15, p. 109069, § 1)