For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ESTABLISHMENT. Includes any of the following:
(1) The opening or commencement of any such business as a new business;
(2) The conversion of an existing business, whether or not a sex oriented business, to any of the sex oriented businesses defined in this section;
(3) The addition of any of the sex oriented businesses defined in this section to any other existing sex oriented business; or
(4) The relocation of any such sex oriented business.
NUDITY or STATE OF NUDITY.
(1) The appearance of human anus, genitals or female breast; or
(2) A state of dress which fails to opaquely cover a human anus, genitals or areola of the female breast.
PATRON. A person invited or permitted to enter and remain upon the premises of a sex oriented business as defined in this section, whether or not for any form of consideration.
PERSON. An individual, proprietorship, partnership, corporation, association or other legal entity.
PUBLIC BUILDING. Any building owned, leased or held by the United States, the state, the county, the town, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used for governmental purposes.
PUBLIC PARK. Public land which has been designated for park or recreational activities, including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis court, pedestrian/bicycle paths, open space, wilderness areas, or similar public land within the town which is under the control, operation or management of the town.
RELIGIOUS INSTITUTION. Any church, synagogue, mosque, temple, building or property that is used primarily for religious worship and related religious activities.
RESIDENTIAL ZONING DISTRICT or USE. A single family, duplex, townhouse, multiple family, mobile home park, residential subdivision or campground as defined in the Town Planning and Zoning Ordinance.
SCHOOL. Any public or private educational facility, including but not limited to charter schools, child daycare facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities. SCHOOL includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a SCHOOL.
SEMI-NUDE. A state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breast, as well as portions of the body that are covered by supporting straps or devices.
SEX ORIENTED BUSINESSES. Those businesses defined as follows:
(1) ADULT ARCADE. Any place to which the public is permitted or invited and in which 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 involving specified sexual activities or specified anatomical areas as defined in this section, to persons in booths or viewing rooms.
(2) ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE.
(a) A commercial establishment that offers for sale or rent, for any form of consideration, any of the following as one of its principal business purposes:
1. Books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas as defined in this section; or
2. Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities, as defined in this section.
(b) An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing specified sexual activities or specified anatomical areas as defined in this section, and still be categorized as
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE. These other business purposes will not serve to exempt the establishment from being categorized as an ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE so long as its principal business purpose is offering for sale or rental for some form of consideration, the specified materials which are characterized by the depiction or description of specified anatomical areas or specified sexual activities as defined in this section.
(3) ADULT CABARET. A nightclub, bar, restaurant, bottle club, or similar commercial establishment, whether or not alcoholic beverages are served, which predominately features:
(a) Persons who appear in a state of nudity or are semi-nude;
(b) Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities as defined in this section; or
(c) Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas as defined in this section.
(4) ADULT LIVE ENTERTAINMENT. An establishment that features either:
(a) Persons who appear in a state of nudity or are semi-nude; or
(b) Live performances that are characterized by the exposure of specified anatomical areas or specified sexual activities as defined in this section.
(5) ADULT MOTEL. A motel, hotel or similar commercial establishment which:
(a) Offers public accommodations for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas as defined in this section, and which advertises the availability of this sex oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including but not limited to newspapers, magazines, pamphlets or leaflets, radio or television;
(b) Offers a sleeping room for rent for a period of time less than ten hours; or
(c) Allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten hours.
(6) ADULT MOTION PICTURE THEATER. A commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas as defined in this section, are predominantly shown for any form of consideration.
(7) ADULT THEATER. A theater, concert hall, auditorium or similar commercial establishment which, for any form of consideration, predominantly features persons who appear in a state of nudity or are semi-nude who engage in live performances which are characterized by exposure of specified anatomical areas or by specified sexual activities as defined in this section.
(8) NUDE MODEL STUDIO. Any place where a person, who appears in a state of nudity or who displays specified anatomical areas as defined in this section, is observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any other form of consideration. It shall be considered an exemption from this definition if a person appearing in a state of nudity did so in a modeling class operated:
(a) By a proprietary school, licensed by the state; a college, community college, or university supported entirely or partly by taxation;
(b) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, community college or university supported entirely or partly by taxation; or
(c) In a structure:
1. Which 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;
2. Where, in order to participate in a class, a student must enroll at least three days in advance of the class; and
3. Where no more than one nude or semi-nude model is on the premises at any one time.
SEXUAL ENCOUNTER ESTABLISHMENT. A business or commercial establishment that, as one of its primary business purposes, offers for any form of consideration a place where two or more persons may congregate, associate or consort for the purpose of specified sexual activities as defined in this section when one or more of the persons is in a state of nudity or semi-nude. The definition of sex 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.
SPECIFIED ANATOMICAL AREAS. As used in this section, the male genitals in a state of sexual arousal or the vulva or more intimate parts of the female genitals, and may include any of the following:
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the areola; or
(2) Human male genitals in a discernibly turgid state even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Any of the following:
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(3) Sex acts, normal or perverted, actual or simulated, including acts of human masturbation, sexual intercourse, oral copulation or sodomy;
(4) Excretory functions as part of, or in connection with, any of the activities set forth in divisions (1) through (3) of this definition.
VIEWING ROOM. The room, booth or area where a patron of a sex oriented business would ordinarily be positioned while viewing a film, video cassette or other video reproduction, or adult live entertainment as defined in this section.
(Ord. § 606(B), passed 9-4-2008)