(a) Purpose. All uses operated as sexually oriented businesses are subject to the licensing and locational restrictions in Chapter 41A. This section expressly classifies the sexually oriented businesses defined in Chapter 41A for zoning purposes. These classifications codify the existing practices of the building official and should not be construed as changing the locational restrictions in Chapter 41A.
(b) Definitions. In this section:
(1) ADULT ARCADE means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, 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 the depicting or describing of “specified sexual activities” or “specified anatomical areas.”
(2) ADULT BOOKSTORE or ADULT VIDEO STORE means a commercial establishment that as one of its principal business purposes offers for sale or rental for any form of consideration any one or more of the following:
(A) books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, DVD’s, video cassettes or video reproductions, slides, or other visual representations that depict or describe “specified sexual activities” or “specified anatomical areas”; or
(B) instruments, devices, or paraphernalia that are designed for use in connection with “specified sexual activities.”
(3) ADULT CABARET means a commercial establishment that regularly features the offering to customers of adult cabaret entertainment.
(4) ADULT CABARET ENTERTAIN-MENT means live entertainment that:
(A) is intended to provide sexual stimulation or sexual gratification; and
(B) is distinguished by or characterized by an emphasis on matter depicting, simulating, describing, or relating to “specified anatomical areas” or “specified sexual activities.”
(5) ADULT MOTEL means a hotel, motel, or similar commercial establishment that:
(A) offers accommodations to the public for any form of consideration; 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 (as defined in this section) visible from the public right-of-way that advertises the availability of this adult type of photographic reproductions; or
(B) offers a sleeping room for rent for a period of time that is less than 10 hours; or
(C) allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.
(6) ADULT MOTION PICTURE THEATER means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown that are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
(7) ESCORT means 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.
(8) ESCORT AGENCY means a person or business association that furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration.
(9) NUDE MODEL STUDIO means 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 who pay money or any form of consideration.
(10) NUDITY or a STATE OF NUDITY means:
(A) the appearance of a human bare buttock, anus, male genitals, female genitals, or female breast; or
(B) a state of dress that fails to completely and opaquely cover a human buttock, anus, male genitals, female genitals, or any part of the female breast or breasts that is situated below a point immediately above the top of the areola.
(11) SEXUALLY ORIENTED BUSINESS means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, escort agency, or nude model studio, or other commercial enterprise the primary business of which is the offering of a service or the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.
(12) SIGN means any display, design, pictorial, or other representation that is:
(A) constructed, placed, attached, painted, erected, fastened, or manufactured in any manner whatsoever so that it is visible from the outside of a sexually oriented business; and
(B) used to seek the attraction of the public to any goods, services, or merchandise available at the sexually oriented business. The term “sign” also includes any representation painted on or otherwise affixed to any exterior portion of a sexually oriented business establishment or to any part of the tract upon which the establishment is situated.
(13) SPECIFIED ANATOMICAL AREAS means:
(A) any of the following, or any combination of the following, when less than completely and opaquely covered:
(i) any human genitals, pubic region, or pubic hair;
(ii) any buttock; or
(iii) any portion of the female breast or breasts that is situated below a point immediately above the top of the areola; or
(B) human male genitals in a discernibly erect state, even if completely and opaquely covered.
(14) SPECIFIED SEXUAL ACTIVITIES means and includes any of the following:
(A) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(B) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(C) masturbation, actual or simulated; or
(D) excretory functions as part of or in connection with any of the activities set forth in Subparagraphs (A) through (C) of this paragraph.
(c) Zoning classification of sexually oriented businesses. The different types of sexually oriented businesses defined above are classified as follows for zoning purposes:
SEXUALLY ORIENTED BUSINESS | CHAPTER 51, ARTICLE IV, ZONING CLASSIFICATION | CHAPTER 51A, ARTICLE IV, ZONING CLASSIFICATION | CHAPTER 51A, ARTICLE XIII, ZONING CLASSIFICATION |
SEXUALLY ORIENTED BUSINESS | CHAPTER 51, ARTICLE IV, ZONING CLASSIFICATION | CHAPTER 51A, ARTICLE IV, ZONING CLASSIFICATION | CHAPTER 51A, ARTICLE XIII, ZONING CLASSIFICATION |
Adult arcade | Inside commercial amusement See Section 51-4.208. | Commercial amusement (inside) | Commercial amusement (inside) See Section 51A-13.306(d)(6)(A). |
Adult bookstores or adult video stores | Retail stores other than listed See Section 51-4.211. | General merchandise or food store | Retail sales See Section 51A-13.306(d)(5)(C). |
Adult cabaret | Inside commercial amusement See Section 51-4.208. | Commercial amusement (inside) | Commercial amusement (inside) See Section 51A-13.306(d)(6)(A). |
Adult motel | Hotel and motel See Section 51-4.216.1. | Hotel or motel | Overnight lodging See Section 51A-13.306(d)(7)(B). |
Adult motion picture theater | Theatre See Section 51-4.208. | Theater | Indoor recreation See Section 51A-13.306(d)(6)(B). |
Escort agency | Office See Section 51-4.210. | Office | Office See Section 51A-13.306(d)(4)(B). |
Nude model studio | Photography studio See Section 51-4.211. | Personal service | Personal service See Section 51A-13.306(d)(6)(D). |
(d) Always a main use. A use being operated as a sexually oriented business shall at all times be considered a separate main use, and cannot be an accessory use within the meaning of Section 51A-4.217. (Ord. Nos. 24438; 24696; 26513; 27404; 27495; 27790)