For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ARCADE. 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 emphasis of matter depicting or describing specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE. A bookstore:
(1) Which receives a majority of its gross income during any calendar month from the sale or rental for any form of consideration of publications (including books, magazines, other periodicals, videotapes, compact disks, other photographic, electronic, magnetic, digital or other imaging medium) which are distinguished or characterized by their emphasis of matter depicting, describing or relating to specified sexual activities or specified anatomical areas; or
(2) Having as a preponderance (either in terms of 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 disks, 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.
ADULT CABARET. A nightclub, bar, restaurant or similar commercial establishment that regularly features:
(1) Performances and/or services rendered by persons who appear in a state of nudity or semi- nudity, as defined in this chapter; or
(2) Live performances that are characterized by the emphasis of the exposure of specified anatomical areas or of specific sexual activities; or
(3) Films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by their emphasis of the depiction or description of specified sexual activities or specified anatomical areas; or
(4) Persons who engage in lewd, lascivious or erotic dancing or performances that are intended for sexual or prurient interests or titillation of an audience or customers.
ADULT ESTABLISHMENT. That definition as identified in G.S. § 14-202.10, or as hereafter amended or recodified, including but not limited to adult arcades, adult bookstores, adult video stores, adult cabarets, adult motels, adult motion picture theaters, adult theaters, adult mini motion picture theaters and massage businesses.
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 for observation by patrons therein.
ADULT MOTEL. A hotel, motel or similar commercial establishment that:
(1) Offers accommodations to the public for any form of consideration and provides patrons with films, motion pictures, video cassettes, slides, closed-circuit television transmissions or other photographic reproductions that are characterized by the depiction or description of specific 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 of photographic reproductions; or
(2) Offers a sleeping room for rent or other form of occupancy for a period of time that is less than 24 hours; or
(3) Allows a tenant or occupant of a sleeping room to sub-rent or permit another to occupy the room for any form of consideration 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.
ADULT THEATER. A theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear in a state of nudity, as defined in this chapter, or live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities.
ADULT VIDEO STORE. A commercial establishment that receives a majority of its gross income during any calendar month from the sale or rental for any form of consideration any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video productions, slides, or other visual representations that are characterized or distinguished by their emphasis on matter that depicts or describes specified sexual activities or specified anatomical areas; or
(2) Instruments, devices, or paraphernalia that are designed principally for use in connection with specified sexual activities or specified anatomical areas; provided, however, that such instruments, devices or paraphernalia shall not mean any contraceptive device.
BOARD OF COMMISSIONERS. The Davidson County Board of Commissioners.
BUILDING INSPECTOR. The Building Inspector for Davidson County or his designee.
CHAPTER. This Adult Establishment Chapter and any amendments hereto.
COUNTY. Davidson County, a body politic and corporate of the State of North Carolina.
COUNTY MANAGER. The County Manager for Davidson County or his designee.
FIRE MARSHAL. The duly appointed Fire Marshal of the county, or his designee.
HEALTH DEPARTMENT. The Davidson County Health Department.
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. Provided, however, that this definition shall not include and that the provisions of this chapter shall not apply to a regularly established and licensed hospital, sanitarium, nursing home, nor to an office or clinic operated and regularly used by a duly qualified and licensed medical practitioner, licensed psychologist, osteopath, or chiropractor in connection with the practice of medicine, chiropractic or osteopathy, nor shall it apply to a licensed medical practitioner, licensed psychologist, osteopath, or chiropractor, registered physical therapist, or persons operating at their directions, in connection with the practice of medicine, chiropractic or osteopathy.
NUDITY or STATE OF NUDITY. The appearance of a human bare buttocks, anus, male genitals, female genitals, or female breast without a fully opaque complete covering of the breast below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state even if completely and opaquely covered.
PERMITTEE. Any person granted a permit under the provisions of this chapter, and his employees and agents.
PERSON. Any individual, corporation, partnership or any other entity.
SEMI-NUDITY or STATE OF SEMI-NUDITY. A state of dress in which clothing covers no more than the human bare buttock, anus, male genitals, female genitals, female breast without a fully opaque complete covering of the breast below a point immediately above the top of the areola, and completely and opaquely covered human male genitals not in a discernibly turgid state.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered: human genitals, pubic region; buttock, or female breast below a point immediately above the top of the areola; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(1) Human genitals in state of sexual stimulation or arousal; or
(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.
(Ord. passed 9-22-98)