(a) “Adult arcade” means any place to which the public is permitted or invited where either or both:
(1) Motion picture machines, projectors, video or laser disc players, or other video image-producing devices are available, run via coin, token, or any form of consideration, to show images to five or fewer persons at one time; and
(2) Where the images shown and/or live entertainment presented is characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”.
(b) “Adult bookstore”, “adult novelty store” 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 any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, videodisks, CD-ROM disks, or video reproductions, slide or other visual representations that are characterized by the depiction of or description of “specified sexual activities” or “specified anatomical areas”; or
(2) Instruments, devices or paraphernalia, other than prophylactics, that are designed for use in connection with “specified sexual activities”.
(c) “Adult cabaret” means a nightclub, bar, restaurant or similar commercial establishment that regularly features:
(1) Persons who appear in a “state of nudity” or a “state of semi-nudity”; or
(2) Live entertainment characterized by the depiction or description of “specified anatomical areas” or by “specified sexual activities”; or
(3) Live entertainment of an erotic nature including exotic dancers, strippers, male or female impersonators, or similar entertainment; or
(4) Films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”.
(d) “Adult motion picture theater” means a commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, videodisks, CD-ROM disks, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”.
(e) “Adult theater” means a theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear in a “state of nudity” or “semi-nudity” or live performances which are characterized by the depiction or description of “specified anatomical areas”, “specified sexual activities” or live entertainment of an erotic nature, including exotic dancers, strippers, male or female impersonators, or similar entertainment.
(f) “Nude model studio” means any place where a person who appears in a “state of nudity” or “semi-nudity” or who displays “specified anatomical areas” is provided to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons who pay money or any form of consideration.
(g) “Nudity”, “state of nudity” or “nude” means the exposing to view the genitals, pubic area, vulva, perineum, anus, anal cleft or cleavage, or pubic hair with less than a fully opaque covering; exposing to view any portion of the areola of the female breast with less than a fully opaque covering; exposing to view male genitals in a discernibly turgid state, even if entirely covered by an opaque covering; or exposing to view any device, costume, or covering that gives the appearance of or simulates any of these anatomical areas.
(h) “Semi-nudity”, “state of semi-nudity” or “semi-nude” means exposing to view with less than a fully opaque covering, any portion of the female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided that the areola is not exposed in whole or in part.
(i) “Sexual encounter center” means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is seminude.
(j) “Sexually oriented business” means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult theater, nude model studio, or sexual encounter center.
(k) “Specified anatomical areas” means any of the following:
(1) The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
(2) Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.
(l) “Specified sexual activities” means any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy;
(3) Excretory functions as part of or in connection with any of the activities set forth in subsections (l)(1) or (2) above.
(Ord. 20-2012. Passed 5-21-12.)