For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT USES. Any of the activities and businesses described below constitute “sexually oriented businesses” which are subject to the regulations of this chapter.
BODY PAINTING STUDIO. An establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to the body of a patron when the body is wholly or partially nude in terms of “specified anatomical areas”.
BOOKSTORE. A building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape or motion picture film, if the building or portion of a building is not open to the public generally but only to one or more classes of the public, excluding any minor by reason of age, and if a substantial or significant portion of the items are distinguished and characterized by an emphasis on the depiction or description of “specified sexual activities” or “specified anatomical areas”.
CABARET. A building or portion of a building used for providing dancing or other live entertainment, if the building or portion of a building excludes minors by virtue of age and if the dancing or other live entertainment is distinguished and characterized by an emphasis on the presentation, display, depiction or description of “specified sexual activities” or “specified anatomical areas”.
COMPANIONSHIP ESTABLISHMENT. A companionship establishment which excludes minors by reason of age, and 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 and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
CONVERSATION/RAP PARLOR. A conservation/rap parlor which excludes minors by reason of age, and which provides the services of engaging in or listening to conversation, talk or discussion, if the service is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
ESCORT. Any person who receives financial consideration for consorting with or escorting another person in any public or private place within the city.
ESCORT BUREAU. Any person who offers to furnish an escort for financial consideration.
HEALTH/SPORT CLUB. A health/sport club which excludes minors by reason of age, and if the club is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
HOTEL or MOTEL. Adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage and where material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexually activities” or “specified anatomical areas”.
MASSAGE PARLOR, HEALTH CLUB. A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if the service is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
MINI-MOTION PICTURE THEATER. A building or portion of a building with a capacity for less than 50 persons used for presenting material if the building or portion of a building as a prevailing practice excludes minors by virtue of age, and if the material is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical area” for observation by patrons therein.
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 the 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 the customers.
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 five 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”. A MOTION PICTURE ARCADE includes one or more coin-operated machines or coin-operated amusement devices where the operator deposits a coin for the opportunity of playing a game of skill.
MOTION PICTURE THEATERS. A building or portion of a building with a capacity of 50 or more persons used for presenting material if the building or portion of a building as a prevailing practice excludes minors by virtue of age, and if the material is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.
NOVELTY BUSINESS. A business which has as a principal activity the sale of devices which simulate human genitals or devices which are designed for sexual stimulation.
SAUNA. A sauna which excludes minors by reason of age, and which 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”.
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 building or portion of a building restricts minors by reason of age and if the service provided by the steam room/bathhouse facility is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered human genitals, pubic region, buttock, anus or female breast(s) below a point immediately above the top of the areola; and/or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(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;
(2) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence;
(3) Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation;
(4) Fondling or touching of nude human genitals, pubic region, buttocks or female breast;
(5) Situations involving a person or persons, 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 persons;
(6) 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.
(Ord. 305, Second Series, passed 1-13-2004)