(a) "Adult bookstore" "adult novelty store" or "adult video store" means a commercial establishment which, as one of its purposes, offers for 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 reproductions, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or
(2) Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities".
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, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore, adult novelty store, 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 which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." For the purposes of this chapter any rental or leased establishment which devotes at least twenty percent (20%) of the total lineal feet available for the display of items or materials for sale or rental which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" shall be categorized as an adult bookstore, adult novelty store, or adult video store.
(b) "Adult cabaret" means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1) Persons who appear in a state of nudity or semi-nudity; or
(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, any form of digitized video media, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
(c) "Adult motion picture theater" means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, any form of digitized video media or similar photographic reproductions, or by various electronic media such as the Internet, are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(d) "Adult theater" means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nudity, or live performances which are characterized by the exposure of "specified anatomical areas" or "specified sexual activities."
(e) "Establishment" means and includes any of the following:
(1) The opening or commencement of any adult entertainment business as a new business;
(2) The conversion of an existing business, whether or not an adult entertainment business, to any adult entertainment business;
(3) The additions of any adult entertainment business to any other existing adult entertainment business; or
(4) The relocation of any adult entertainment business.
(f) "Nudity" or "nakedness" means the state of wearing no clothing.
(g) "Person" means an individual, proprietorship, partnership, corporation, association, or other legal entity.
(h) "Semi-nudity" or in a "semi-nude condition" means the showing of the 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.
(i) "Adult entertainment business" means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.
(j) "Specified anatomical areas" means:
(1) The human 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 female breast below a point immediately above the top of the areola.
(k) "Specified Sexual Activities" means any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, 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 activities set forth in (1) through (3) above.
(l) "Substantial enlargement" of an adult entertainment business means the increase in floor areas occupied by the business by more than twenty-five percent (25%) as the floor areas exist on the date this chapter takes effect.
(Ord. 2012-29. Passed 8-20-12.)