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 depicting or describing of “specified sexual activities” or “specified anatomical areas”.
ADULT BOOKSTORE or ADULT VIDEO STORE.
(1) 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 picture, 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”.
(2) A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing “specified sexual activities” or “specified anatomical areas” and still be categorized as ADULT BOOKSTORE or ADULT VIDEO STORE. Other business purposes will not serve to exempt the commercial establishments from being categorized as an ADULT BOOKSTORE or ADULT VIDEO STORE so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials that depict or describe “specified sexual activities” or “specified anatomical areas”. A principal business purpose need not be a primary use of an establishment so long as it is a significant use based upon the visible inventory or commercial activity of the establishment.
ADULT CABARET. A nightclub, bar, restaurant or similar commercial establishment that regularly features:
(1) Persons who appear in a state of nudity or semi-nudity;
(2) Live performances that are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”;
(3) 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”; or
(4) Persons who engage in erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.
ADULT MOTEL. A hotel, motel or similar commercial establishment that:
(1) Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, 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 visible from the public right-of-way that advertises the availability of this adult type of photographic reproductions;
(2) Offers a sleeping room for rent 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 the room for a period of time that is less than 24 hours.
ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown that are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”.
ADULT THEATER. A theater, concert hall, auditorium or similar commercial establishment that regularly features persons who appear, in person, in a state of nudity and/or semi-nudity, and/or live performances that are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”.
EMPLOYEE. A person who performs any service on the premises of a sexually oriented business on a full time, part time, contract basis or independent basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise, and whether or not the person is paid a salary, wage or other compensation by the operator of the business. EMPLOYEE does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises, nor does EMPLOYEE include a person exclusively on the premises as a patron or customer.
ESCORT. 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.
ESCORT AGENCY. A person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
ESTABLISHMENT. Includes any of the following:
(1) The opening or commencement of any sexually oriented business as a new business;
(2) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(3) The additions of any sexually oriented business to any other existing sexually oriented business;
(4) The relocation of any sexually oriented business; or
(5) A sexually oriented business or premises on which the sexually oriented business is located.
LICENSED DAY-CARE CENTER. A facility licensed by the state, whether situated within the county or not, that provides care, training, education, custody, treatment or supervision for more than 12 children under 14 years of age, where the children are not related by blood, marriage or adoption to the owner or operator of the facility, for less than 24 hours a day, regardless of whether or not the facility is operated for a profit or charges for the services it offers.
LICENSEE. A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license; and in the case of an employee, a person in whose name a license has been issued authorizing employment in a sexually oriented business.
NUDE MODEL STUDIO.
(1) 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 for consideration.
(2) NUDE MODEL STUDIO shall not include a proprietary school licensed by the state, or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or in a structure;
(a) That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing;
(b) Where in order to participate in a class a student must enroll at least three days in advance of the class; and
(c) Where no more than one nude or semi-nude model is on the premises at any one time,
NUDITY or a STATE OF NUDITY. The appearance of a human bare buttock, anus, anal cleft or cleavage, pubic area, male genitals, female genitals, or vulva, with less than a fully opaque covering; or a female breast with less than a fully opaque covering of any part of the areola; or human male genitals in a discernibly turgid state even if completely and opaquely covered.
PERSON. An individual, proprietorship, partnership, corporation, association or other legal entity.
PREMISES. The real property upon which the sexually oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways and parking lots and/or parking garages adjacent thereto, under the ownership, control or supervision of the licensee, as described in the application for a business license pursuant to § 111.04 below;
SEMI-NUDE or SEMI-NUDITY. The appearance of the female breast below a horizontal line across the top of the areola at its highest point. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit or other wearing apparel provided the areola is not exposed in whole or in part.
SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity.
SEXUALLY ORIENTED BUSINESS. An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio or sexual encounter center.
SPECIFIED ANATOMICAL AREAS.
(1) The human male genitals in a discernibly turgid state, even if fully and opaquely covered; and/or
(2) Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.
SPECIFIED CRIMINAL ACTIVITY. Any of the following offenses:
(1) Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; sexual assault; molestation of a child; or any similar sex-related offenses to those described above under the criminal or penal code of this state, other states or other countries; and/or
(2) For which:
(a) Less than five years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
(b) Less than ten years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a felony offense; and/or
(c) Less than ten years have elapsed since the date of the last conviction or the date of release from confinement imposed for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.
(3) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.
SPECIFIED SEXUAL ACTIVITIES. Includes any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts, whether covered or uncovered;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
(3) Masturbation, actual or simulated; or
(4) Excretory functions as part of or in connection with any of the activities set forth in divisions (1) through (3) above.
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS. The increase in floor areas occupied by the business by more than 25%, as the floor areas exist on July 1,1998.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS. Includes any of the following:
(1) The sale, lease or sublease of the business;
(2) The transfer of securities that form a controlling interest in the business, whether by sale, exchange or similar means; or
(3) The establishment of a trust, gift or other similar legal device that transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Ord. 2000-2, passed 4-10-2000)