For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BOOKSTORE. An establishment having, as a substantial or significant portion of its 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 related to specified sexual activities, or specified anatomical areas, or establishment with a segment or section devoted to the sale or display of such material.
ADULT BUSINESS. Any commercial activity whether conducted intermittently or free time, which primarily involves the sale, display, exhibition, or viewing of books, magazines, films, photographs, or other material, distinguished or characterized by an emphasis on matters depicting, describing, or relating to human sex acts, or by an emphasis on male or female genitals, buttocks, or female breast or that is designed or marketed for use in conjunction with specified sexual activities. Such BUSINESSES shall include, while not being exclusive of:
(1) Adult book stores;
(2) Adult mini motion picture theaters;
(3) Adult motels;
(4) Adult motion picture theaters;
(5) Cabarets;
(6) Massage parlors;
(7) Adult motion picture arcades; and
(8) Model studios.
ADULT MINI MOTION PICTURE THEATER. An enclosed building with a capacity of 50 persons or less used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, for observation of patrons therein.
ADULT MOTEL. A motel wherein material is presented which is distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
ADULT MOTION PICTURE ARCADE. Any place to which the public is admitted or invited wherein coin- or slug-operated or electronically or mechanically controlled 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 sexual conduct or specified anatomical areas.
ADULT MOTION PICTURE THEATER. An enclosed building with a capacity of 51 or more persons used regularly and routinely for presenting material having, as a dominant theme, material distinguished or relating to specified anatomical areas, for observation by patrons therein.
CABARET. A nightclub, theater, or other establishment which is licensed to serve food and/or alcoholic beverages which feature live performances by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on sexual conduct or specified anatomical areas.
MASSAGE PARLOR. Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or by any other treatment or manipulation of the human body occurs as part or in connection with sexual conduct, or where any person providing such treatment, manipulation, or service related thereto exposes specified anatomical areas.
MODEL STUDIO. Any place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.
SEXUAL CONDUCT. Includes the following:
(1) The fondling or other touching of human genitals, pubic region, buttocks, or female breasts;
(2) Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, and sodomy;
(3) Masturbation; and
(4) Excretory functions as part of or in connection with any of the activities set forth in divisions (1) through (3) above.
SPECIFIED ANATOMICAL AREAS. Includes the following:
(1) Less than completely and opaquely covered:
(a) Human genital, pubic region;
(b) Buttocks; and
(c) Female breast below a point immediately above the top of the areola.
(2) Human genitals in a discernibly turgid state, even if completely and opaquely covered.
(Prior Code, § 4-53) (Ord. 1997-7, passed 8-7-1997)