§ 123.03  DEFINITIONS.
   For the purposes of this chapter, the following definitions shall apply.
   ADULT ARCADE.  Any establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors or similar machines, or other image-producing machines, for viewing by five or fewer persons each, are regularly used to show films, motion pictures, video cassettes, slides or other photographic reproductions, which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
   ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE.  A commercial establishment that has as a significant or substantial portion of its stock-in-trade, or derives a significant or substantial portion of its revenues, or devotes a significant or substantial portion of its interior business or advertising to the sale or rental, for any form of consideration, of any one or more of the following:
      (1)   Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas;”
      (2)   Instruments, devices or paraphernalia designed for use or marketed primarily for stimulation of human genital organs, or for sadomasochistic use or abuse of themselves or others; or
      (3)   An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing “specified sexual activities” or “specified anatomical areas,” and still be categorized as an ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE. Such other business purposes will not serve to exempt these establishments from being categorized as an ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials  depicting or describing “specified anatomical areas” or “specified sexual activities.”
   ADULT CABARET.  Any establishment, including, but not limited to, a nightclub, bar or restaurant, whether or not alcoholic beverages are served, that regularly features:
      (1)   Persons who appear nude or in a state of nudity or semi-nudity;
      (2)   Live performances characterized by the exposure of “specified anatomical areas” or by “specified sexual activities;” or
      (3)   Films, motion pictures, video cassettes, slides or other photographic reproductions  characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
   ADULT MOTION PICTURE THEATER.  A commercial establishment used for presenting materials (e.g., films, motion pictures, video cassettes, slides or similar photographic reproductions) 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 THEATER.  A theater, concert hall, auditorium or similar commercial establishment that, for any form of consideration, regularly features persons who appear in a state of nudity or live performances characterized by exposure of “specified anatomical areas” or by “specified sexual activities.”
   EMPLOYEE. A person who works or performs in and/or for a sexually oriented business, regardless of whether or not that person is paid a salary, wage or other compensation by the operator of the business.
   ESTABLISHMENT.  Includes any of the following:
      (1)   The opening or commencement of any such business as a new business;
      (2)   The conversion of an existing business, regardless of whether it currently exists as a sexually oriented business, to any of the sexually oriented businesses defined in this chapter;
      (3)   The addition of any of the sexually oriented businesses defined in this chapter to any other existing sexually oriented business; or
      (4)   The relocation of any such sexually oriented business.
   LICENSED PREMISES.  Any premises that requires a general business license and is classified as a sexually oriented business.
   LICENSEE.  A person in whose name the general business license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application on the general business license.
   NUDE, NUDITY or STATE OF NUDITY.
      (1)   The appearance of human bare buttocks, anus, male or female genitals, or the areola or nipple of the female breast; or
      (2)   A state of dress that fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region, or areola or nipple of the female breast. This definition shall not be construed to include a state of dress such as a bathing suit or similar dress when such dress fails to fully cover the human buttocks.
   OPERATOR. Includes the owner, custodian, manager, OPERATOR or person in charge of any licensed premises.
   PERSON.  An individual, proprietorship, partnership, corporation, association or other legal entity.
   SEMI-NUDE.  A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
   SEXUALLY ORIENTED BUSINESS. An adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motion picture theater, and adult theater.
   SPECIFIED ANATOMICAL AREAS.
      (1)   Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areola. This definition shall not be construed to include a state of dress, such as a bathing suit or similar dress, when it fails to fully cover the human buttocks; or
      (2)   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
   SPECIFIED SEXUAL ACTIVITIES.
      (1)   Human genitals in the state of sexual stimulation, arousal or tumescence;
      (2)   Sex acts, normal or perverted, actual or simulated, including masturbation, intercourse, oral copulation, or sodomy;
      (3)   Fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; or
      (4)   Excretory functions as part of or in connection with any of the other activities set forth in  this definition.
(Ord. 2165, passed 6-5-2014; Ord. 2196, passed 11-6-2014)