For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BOOKSTORE. A bookstore:
(1) Which receives a majority of its gross income during any calendar month from the sale or rental of publications (including books, magazines, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this section or other periodicals, videotapes, compact discs, other photographic, electronic, magnetic, digital or other imagining medium); and
(2) Having a preponderance (either in terms or the weight and importance of the material or in terms of greater volume of materials) of its publications, including books, magazines, other periodicals, videotapes, compact discs, other photographic, electronic, magnetic, digital or other imaging medium, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this section.
ADULT CABARET. A nightclub, bar, restaurant or similar commercial establishment that (omit-regularly) on a regular, sporadic or transient basis features:
(1) Persons who appear in a state of nudity or semi-nudity;
(2) Live performances that are characterized by the exposure of “specified anatomical areas” or “specified sexual activities”;
(3) Films, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”; or
(4) Persons who engage in erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.
ADULT ESTABLISHMENT. An adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult mini picture theater, escort agency, exotic car wash, exotic maid service, nude modeling studios, sexual encounter center or any other sexually oriented business that is similar in nature or intent to any other adult entertainment business as defined in this section.
ADULT LIVE ENTERTAINMENT. Any performance of or involving the actual presence of real people which exhibits specified sexual activities or specified anatomical areas, as defined in this section.
ADULT LIVE ENTERTAINMENT BUSINESS. Any establishment or business wherein adult live entertainment is shown for observation by patrons. This shall apply whether the entertainment is presented on a regular, sporadic or transient basis.
ADULT MOTEL. A hotel, motel or similar commercial establishment that:
(1) Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions that 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 that advertises the availability of this adult type photographic reproductions;
(2) Offers a sleeping room for rent for a period of time that is less than 24 hours; or
(3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 24 hours.
ADULT MOTION PICTURE THEATER. An enclosed building or premises used for presenting motion pictures, a preponderance of which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined in this section, for observation by patrons therein. ADULT MOTION PICTURE THEATER does not include any adult mini motion picture theater as defined in this section.
ADULT MINI MOTION PICTURE THEATER. An enclosed building with viewing booths designed to hold patrons which is used for presenting motion pictures, a preponderance of which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined in this section, for observation by patrons therein.
EMPLOYEE. A person who performs any service on the premises of a sexually oriented business on a full time, part time, contract basis or independent basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise, and whether or not the person is paid a salary, wage or other compensation by the operator of the business. EMPLOYEE does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises, nor does EMPLOYEE include a person exclusively on the premises as a patron or customer.
ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS. The increase in floor areas occupied by the business by more than 10%, as the floor areas exist on February 4, 2002.
ESCORT. A person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person and whose advertisements, promotions or obvious intent to the public is sexual in nature.
ESCORT AGENCY. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration and whose advertisements, promotions or obvious intent to the public is sexual in nature.
ENTERTAINER. Any person who provides entertainment within or at an adult establishment, whether or not a fee is charged or accepted for entertainment and whether or not entertainment is provided by that person as an employee or an independent contractor.
EROTIC. Any seductive, titillating, lustful, immodest, indecent, suggestive, passionate or similar, reference, act, service or deed.
ESTABLISHMENT. And includes any of the following:
(1) The opening or commencement of any sexually oriented business as a new business;
(2) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(3) The additions of any sexually business to any other existing sexually oriented business; or
(4) The relocation of any sexually oriented business.
EXOTIC CAR WASH. A facility that offers a car cleaning or washing service performed by employees that are in a state of nudity or semi-nudity.
EXOTIC MAID SERVICE. Any cleaning service for a residence or business where the employee is in a state of nudity or semi-nudity.
LICENSED DAY CARE CENTER. A facility licensed by the state, whether situated within the city or not, that provides care, training, education, custody, treatment or supervision for more than 12 children under 14 years of age, where the children are not related by blood, marriage or adoption to the owner or operator of the facility, for less than 24 hours a day, regardless of whether or not the facility is operated for a profit or charges for the services it offers.
LICENSEE. A person in whose name a license has been issued, as well as the individual listed as an applicant on the application for a license.
NUDE MODEL STUDIO. Any place where a person who appears in a state of nudity or displays “specified anatomical areas” is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons for consideration.
NUDITY or a STATE OF NUDITY. The appearance of a human bare buttock, anus, anal cleft or cleavage, pubic area, male genitals, female genitals or vulva, with less than fully opaque covering; or human male genitals in a discernibly turgid state even if completely and opaquely covered.
PERSON. An individual, proprietorship, partnership, corporation, association or other legal entity.
PREMISES. The real property upon which the sexually oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the licensee, as described in the application for a business license pursuant to § 111.04 below.
SEMI-NUDE. The appearance of the female breast below a horizontal line across the top of the areola at its highest point. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit, other wearing apparel provided the areola is not exposed in whole or in part.
SEXUAL ENCOUNTER CENTER. 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 rumbling 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 in a state of nudity or semi-nude.
SEXUAL ORIENTED DEVICES. Without limitation, any artificial or simulated specified anatomical area or their device or paraphernalia that is designed principally for specified sexual activities but shall not mean any contraceptive device.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered:
(a) Human genitals, pubic region;
(b) Buttock; or
(c) Female breast below a point immediately above the top of the areola.
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse or sodomy; or
(3) Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts.
SEXUALLY ORIENTED BUSINESS. Any business or enterprises that have as one of their principal business purposes or as a significant portion of their business an emphasis on matter and conduct depicting, describing or related to anatomical areas and sexual activities as specified in G.S. § 14-202.10. This term may be used interchangeably with adult establishment.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS. Includes any of the following:
(1) The sale, lease or sublease of the business;
(2) The transfer of securities that form a controlling interest in the business, whether by sale, exchange or similar means; or
(3) The establishment of a trust, gift or other similar legal devise that transfers the ownership of control of the business, except for the transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
TOWN. Town of Conway, North Carolina.
TOWN CLERK. Chief administrative town official. The TOWN CLERK is responsible for the enforcement of this chapter.
(Ord. passed 2-4-2002)