For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BOOK AND/OR MEDIA STORE. An establishment which has a substantial portion (25% of utilized floor area) of its stock in trade or stock on display books, magazines, films, videotapes, or other media which are characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
ADULT CABARET. An establishment which provides dancing or other live entertainment, if the dancing or other live entertainment is distinguished or characterized by an emphasis on the performance, depiction, or description of specified sexual activities or specified anatomical areas.
ADULT ESTABLISHMENT. Any business which offers its patrons services, entertainment, or the sale of merchandise characterized by an emphasis on matter depicting, exposing, describing, discussing, or relating to specified sexual activities or specified anatomical areas. Specifically included in the term, but without limitation, are adult book and media stores, adult cabarets, adult hotels or motels, adult mini-motion picture theaters, adult modeling studios, adult motion picture arcades, adult motion picture theaters, adult novelty businesses, and other adult establishments.
ADULT HOTEL OR MOTEL. A hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
ADULT MINI-MOTION PICTURE THEATER.
(1) A theater in an enclosed building, with a capacity for less than 50 persons used for presenting motion pictures, including, but not limited to, film and videotape, having as a dominant theme material extinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
(2) Any business which presents motion pictures, including films and videotapes, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, for viewing on the premises, including, but not limited to, private booths, viewing by means of coin-operated or other mechanical devices, and the viewing of excerpt of motion pictures offered for sale or rent.
ADULT MOTION PICTURE ARCADE. Any place wherein coin or token operated or electronically, electrically, or mechanically controlled or operated still or motor 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.
ADULT MOTION PICTURE THEATER. A theater in an enclosed building with a capacity of 50 or more persons used regularly and routinely for presenting live entertainment or motion pictures, including, but not limited to, film and videotapes having as a dominant theme material 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 NOVELTY BUSINESS. A business which sells, offers to sell, or displays devices which stimulate human genitals or devices which are designed for sexual stimulation.
ADULT USE. Any of the adult activities and businesses described above constitute “adult-oriented businesses” which are subject to the regulation of this chapter.
SPECIFIED ANATOMICAL AREAS (ADULT USE). Include any less than completely and opaquely covered human genitals, pubic region, or pubic hair, buttocks, and female breast below a point immediately above the top of the areola; and human male genitals in a discernible turgid state, even if opaquely covered.
SPECIFIED SEXUAL ACTIVITIES (ADULT USE). Any of the following conditions:
(1) An act of sexual intercourse, normal or perverted, actual or simulated, including genital-genital, anal-genital, or oral-genital intercourse, whether between human beings or between a human being and an animal;
(2) Sadomasochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a revealing costume or the condition of being fettered, bound, or otherwise physically restricted on the part of one so clothed;
(3) Masturbation or lewd exhibitions of the genitals including any explicit, close-up presentation of a human genital organ clothed or unclothed; and
(4) Physical contact or simulated physical contact with the clothed or unclothed pubic area or buttocks of a human male or female, or the breasts of a female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
(Ord. 2013-5, passed 11-12-2013)