The following definitions shall be applicable to this chapter:
ADULT USES: Any of the activities and businesses described below constitute sexually oriented businesses which are subject to the regulations of this code and more specifically subsection 11-1-2C1h of this title:
Adult Body Painting Studio: An establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the body of a patron when such body is wholly or partially nude in terms of specified anatomical areas.
Adult Bookstore: A business engaging in the barter, rental, or sale of items consisting of printed matter, pictures, slides, records, audiotapes, if such shop is not open to the public generally but only to one or more classes of the public, excluding any minor by reason of age, or if a substantial or significant portion of such items are distinguished or characterized by an emphases on the depiction or description of specified sexual activities or specified anatomical areas.
Adult Cabaret: An establishment which provides dancing or other live entertainment, if such establishment excludes minors by virtue of age, or if such 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 Companionship Establishment: A companionship establishment which excludes minors by reason of age, or which provides the service on engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
Adult Entertainment Uses: Adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult saunas, adult companionship establishments, adult health clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels or motels, adult body painting studios, and other adult establishments.
Adult Establishment: A. A business engaged in any of the following activities or which utilizes any of the following business procedures or practices, either:
1. Any business which is conducted exclusively for the patronage of adults and as to which minors are specifically excluded from patronage thereat either by law or by the operators of such business; or
2. Any other business which offers its patrons services or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing or relating to specified sexual activities or specified anatomical areas.
B. Specifically included in the term, but without limitation, are adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult saunas, adult companionship establishments, adult health clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotel or motel, and adult body painting studios.
Adult Hotel Or Motel: Adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexually activities or specified anatomical areas.
Adult Massage Parlor, Health Club: A massage parlor or health club which restricts minors by reason by age, and which provides the services of massage, if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
Adult Mini-Motion Picture Theater: A business premises within an enclosed building with a capacity for less than fifty (50) persons used for presenting visual media material, if such business as a prevailing practice excludes minors by virtue of age, or if said material is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons therein.
Adult Modeling Studio: An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.
Adult Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or slug operated or electronically, electrically or mechanically controlled or operated still or motor picture machines, projectors or other image producing devises are maintained to show images to five (5) 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 Theaters: A business premises within an enclosed building with a capacity of fifty (50) or more persons used for presenting visual media material, if said business as a prevailing practice excludes minors by virtue of age, or if said material is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons therein.
Adult Novelty Business: A business which has as a principal activity the sale of devices which simulate human genitals or devices which are designed for sexual stimulation.
Adult Sauna: A sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical area.
CHURCH: A building or structure, or group of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services and associated accessory uses.
SCHOOL: A public school or a nonpublic school or a nonsectarian nonpublic school as these terms are defined in Minnesota statutes.
SPECIFIED ANATOMICAL AREAS: A. Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola; and
B. Human male genitals in a discernable turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES: A. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or
B. Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or
C. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or
D. Fondling or touching of nude human genitals, pubic region, buttocks, or female breast; or
E. Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons; or
F. Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or
G. Human excretion, urination, menstruation, vaginal or anal irrigation.
YOUTH FACILITY: A public playground, park, public swimming pool, public library, or licensed day care facility. (Ord. 228, 5-6-1997)