For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BOOKSTORE OR ADULT VIDEO STORE is defined as 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, 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; or
(2) Having as a preponderance (either in terms of the weight and importance of the material or in terms of greater volume of magazines) 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; or
(3) Instruments, devices or paraphernalia that are designed for use in connection with “specified sexual activities.”
ADULT BUSINESS. Any business activity, club, or other establishment (public or private) which permits any person, employee, patron or guest on its premises to exhibit any specified anatomical area before any other person or persons. This term shall include the terms “adult establishment,” “sexually oriented business,” “adult entertainment establishment.”
ADULT CABARET. A nightclub, bar, restaurant, or other commercial establishment that regularly features, exhibits or displays as 1 of its principal business purposes:
(1) Go-go dancers, exotic dancers, strippers, nude or semi-nude entertainers, male or female impersonators, private models or similar entertainers; or
(2) Live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities.
ADULT MOTEL. A hotel, motel or similar commercial establishment that:
(1) 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 depict or describe specified sexual activities or specified anatomical areas as one of its principal business purposes;
(2) Offers a sleeping room for rent for a period of time that is less than 10 hours; or
(3) Allows tenants or occupants of a sleeping room to sub-rent the room for a period of time that is less than 10 hours.
ADULT THEATER. An establishment which consists of an enclosed building, or a portion or part of an enclosed building, or an open-air area used for viewing by persons of films, motion pictures, video cassettes, slides or other photographic reproductions which have as their primary or dominant theme matters depicting, illustrating or relating to specified sexual activities or specified anatomical areas. “Adult arcades,” “adult motels” and “adult booths,” “adult mini motion,” “adult motion theaters” are included within the definition of ADULT THEATER.
EMPLOYEE. A person who works or performs or provides services in an adult business, irrespective of whether the person is paid a salary or wage by the owner or manager of the premises, provided the person has a substantial or consistent relationship with the business of providing adult entertainment. The term EMPLOYEE includes, but is not limited to, performers, models, managers, assistant managers, stockpersons, tellers and operators.
ENTERTAINER. Any person who provides entertainment within or at an adult business, 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.
ESCORT. A person who for tips or any other form of consideration agrees or offers to act as a date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENT. A person or business that furnishes, offers to furnish or advertises to furnish escorts as one of its principal business purpose for a fee, tip or other consideration.
LICENSEE. Any person whose application for an adult business has been granted and who owns, operates or controls the establishment.
OPERATOR. Any person who engages in or performs any activity which is necessary to or which facilitates the operation of an adult business, including, but not limited to, the licensee, manager, owner, doorman, bartender, disc jockey, sales clerk, ticket taker, movie projectionist or supervisor.
MASSAGE. Any manipulation of body muscle or tissue by rubbing, stroking, kneading or tapping, by hand or mechanical device.
MASSAGE BUSINESS. Any establishment or business wherein massage is practiced, including establishments commonly known as health clubs, physical culture studios, massage studios or massage parlors. No provision of this section, however, shall apply to any bona fide therapeutic massage service provided by a licensed or registered medical professional or other person certified by a state or nationally recognized organization; nor shall this section apply to any private or public fitness center or nonprofit community recreational fitness and service organizational, either of which provides massage therapy as a service incidental to the operation of a fitness center.
NUDITY or A STATE OF NUDITY.
(1) The appearance of a human anus, male genitals or female genitals; or
(2) A state of dress that fails to opaquely cover a human anus, male genitals or female genitals.
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.
SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its principal business purposes, offers for any form or consideration, physical contact, sexual communications, engagements, relationships or activities, whether on premises or off premises, between male and female persons and/or persons of the same sex when 1 or more of the persons is in a state of nudity or semi-nude. This term shall also include escort agency or service, private model or photography studio, massage business or any other similar adult business, as defined herein.
SEXUALLY ORIENTED DEVICES. Any artificial or simulated specified anatomical area or 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 regions, (b) buttocks, or (c) female breasts below a point immediately above the top of the areola; or female breast below a point immediately above the top of the areola, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel, provided that the areola is not exposed; and
(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) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
(3) Fondling or other erotic touching of human genitals, pubic regions, buttocks, anus or female breasts;
(4) Masturbation, actual or simulated;
(5) Masochism, erotic or sexually oriented torture, beating or the infliction of pain or erotic or lewd touching, fondling or other contact with an animal by a human being; or
(6) Excretory functions as part or in connection with any of the activities set forth in divisions (1) through (4) of this definition.
STRADDLE DANCE. The use by an employee, of any part of his or her body to touch the genital, pubic region, buttock, anus or female breast of a non-employee while at the establishment, or the touching of the genital, pubic region, buttock, anus or female breast of any employee by a non-employee while at the establishment. Conduct shall be a “straddle dance” regardless of whether the “touch” or “touching” occurs while the employee is displaying or exposing any specified anatomical area. Conduct shall also be a “straddle dance” regardless of whether the “touch” or “touching” is direct or through a medium. The terms “lap dance,” “table dance” and “face dance” are included within the term STRADDLE DANCE.
(Prior Code, § 112.03) (Ord. passed 7-6-1999)