§ 111.02  DEFINITIONS.
   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 regularly maintained to show images to five for fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by their emphasis upon matters exhibiting specified sexually activities or specified anatomical areas.
   ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE. A commercial establishment which has as a significant or substantial portion of its stock-in-trade, or derives a significant or substantial portion of its revenues, or devotes more than 20% of the usable floor area of the establishment, building or business, or if at least 500 square feet, whichever is smaller, for the sale, barter or rental, for any form of consideration, of any one or more of the following:
      (1)   Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, slides or other visual representations, which are characterized by their emphasis upon the exhibition or display of specified sexual activities or specified anatomical areas; and/or
      (2)   Instruments, devices or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of the user or others.
   ADULT CABARET. A nightclub, bar, restaurant or similar commercial establishment which regularly features:
      (1)   Persons who appear semi-nude;
      (2)   Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
      (3)   Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the exhibition or display of specified sexual activities or specified anatomical areas.
   ADULT MOTEL. A hotel, motel or similar commercial establishment, which:
      (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 which are characterized by the exhibition or display of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; and either
      (2)   Offers a sleeping room for rent for a period of time that is less than ten 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 ten hours.
   ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which 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 which regularly features persons who appear nude or semi- nude, or live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities.
   DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON. The dominant or principal theme of the object referenced. For instance, when the phrase refers to films which are DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON the exhibition or display of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or principal character and theme are the exhibition or display of specified anatomical areas or specified sexual activities.
   EMPLOYEE, EMPLOY and EMPLOYMENT. Describe and pertain to any person who performs any service on the premises of a sexually oriented business on a full-time, part-time or contract basis, regardless of whether the person is denominated as an employee, independent contractor, agent or by another status. EMPLOYEE does not include a person exclusively on the premises for repair or maintenance of the premises, or for the delivery of goods to the premises.
   ENFORCEMENT OFFICER. The City Building Inspector or such person as may be designated by the City Council.
   ESCORT. A person who, for consideration, and for another person, agrees or offers to:
      (1)   Act as a companion, guide or date;
      (2)   To privately model lingerie; or
      (3)   To privately perform a striptease.
   ESCORT AGENCY. A person or business association that, for a fee, tip or other consideration, furnishes, offers to furnish or advertises to furnish, escorts as one of its primary business purpose.
   ESTABLISH or ESTABLISHMENT. 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 sexually oriented business, to any sexually oriented business;
      (3)   The addition of any sexually oriented business to any other existing sexually oriented business; or
      (4)   The relocation of any sexually oriented business.
   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, NUDITY or A STATE OF NUDITY. The showing of the human male or female genitals, pubic area, vulva, anus or anal cleft with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male in a discernibly turgid state.
   OPERATE or CAUSE TO BE OPERATED. To cause the function, or to put or keep in a state, of doing business. OPERATOR mean any person on the premises of a sexually oriented business who is authorized to exercise operational control of the business, or who causes to function, or who puts or keeps in operation, the business. A person may be found to be OPERATING OR CAUSING TO BE OPERATED a sexually oriented business regardless of whether that person is an owner, part-owner or licensee of the business.
   PERSON. An individual, proprietorship, partnership, corporation, limited liability company, association or other legal entity.
   REGULARLY FEATURES or REGULARLY SHOWN. A consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered, as a part of the ongoing business of the sexually oriented business.
   SEMI-NUDE or IN A SEMI-NUDE CONDITION. The showing of a female breast below a horizontal line across the top of the areola at its highest point, or the showing of the male or female buttocks. 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.
   SEMI-NUDE MODEL STUDIO. A commercial establishment which regularly features a person (or persons) who appears semi-nude and is provided to be observed, sketched, drawn, painted, sculptured or photographed by other persons who pay money or any form of consideration, but 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.
   SEXUAL ENCOUNTER CENTER. A business or commercial establishment, that as one of its principal business purposes, offers for any forms of consideration, a place were two or more persons may congregate, associate or consort for the purpose of specified sexual activities. The definition of SEXUAL ENCOUNTER CENTER or any sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
   SEXUALLY ORIENTED BUSINESS. An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, semi- nude model studio or sexual encounter center.
   SPECIFIED ANATOMICAL AREAS.
      (1)   The human male genitals in a discernibly turgid state, even if completely and opaquely covered; 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; engaging in organized criminal activity related to a sexually oriented business; sexual assault; molestation of a child; distribution of a controlled substance; or any similar offenses to those described above under the Indiana Criminal Code or the Penal Codes of other states or countries.
      (2)   For which:
         (a)   Less than two years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
         (b)   Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
         (c)   Less than five years have elapsed since the date of the last conviction, or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more 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. Any of the following:
      (1)   The fondling of another person’s genitals, pubic region, anus or female breasts;
      (2)   Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy; or
      (3)   Excretory functions as part of, or in connection with, any of the functions set forth in divisions (1) and (2) 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 the date of this chapter takes effect.
   TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS. Any of the following:
      (1)   The sale, lease or sub-lease of the business;
      (2)   The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or
      (3)   The establishment of a trust, gifts or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of the law upon the death of the person possessing the ownership control.
(Ord. 2012-2, passed 4-3-2012)