§ 113.01  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ADULT BOOKSTORE. An establishment having as a substantial portion of its stock in trade, books, magazines, films, records, recording tapes, video tapes or other periodicals, for sale or for viewing either on or off the premises, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
   ADULT DEVICE STORE. An establishment having as a substantial portion of its stock in trade any device, appliance, instrument or object which is represented either by the operator of the establishment or by its packaging, advertising or other literature furnished therewith as enhancing, assisting, representing, depicting or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of the material.
   ADULT ENTERTAINMENT CABARET. A public or private establishment which is licensed to serve food and/or alcoholic beverages, which features entertainers, dancers, waitresses, waiters or any other employees acting in a way as to display, depict, describe or relate to specified sexual activities or specified anatomical areas for observation by patrons therein.
   ADULT MINI MOTION PICTURE THEATER. An enclosed building or drive-in theater with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
   ADULT MOTION PICTURE THEATER. An enclosed building or a drive-in theater with a capacity of 50 or more persons used regularly and routinely for presenting motion pictures having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or special anatomical areas for observation by patrons therein.
   BODY SHOP or MODEL STUDIO. Any public or private establishment which describes itself as a body shop or model studio, or where for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying the consideration or gratuity or where, for any form of consideration or gratuity, nude or semi-nude dancing, readings, counseling sessions, body painting and other activities that present materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas are provided for observation by or communication to persons paying the consideration or gratuity.
   BOOTH. Any area of an adult use set off from the remainder of the establishment by one or more walls or other dividers or partitions and used to show, play, or otherwise demonstrate any adults-only materials or to view any live performance that is distinguished or characterized by an emphasis on the exposure, depiction or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
   BUILDING STRUCTURE. Any structure or group of structures housing two or more businesses which share a common entry, exit, wall or frontage wall, including, but not limited to, shopping centers, shopping plazas or shopping squares.
   MASSAGE. Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with the hands or other parts of the human body or with the aid of any mechanical or electrical apparatus or appliance with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.
   MASSAGE ESTABLISHMENT. An establishment having a fixed place of business where any person, firm, association or corporation engages in or carries on or permits to be engaged in or carried on any of the activities mentioned in the definition of massage of this section; provided, however, that, the term MASSAGE ESTABLISHMENT shall not apply to the following:
      (1)   Hospitals, nursing homes or sanitariums;
      (2)   Barber shops or cosmetology establishments, not operated as a home occupation as defined under the laws of the state, where a barber or cosmetologist, holding a valid, unrevoked license or certificate of registration issued by the state and a valid unrevoked masseur or masseuse permit issued by the county, administers a massage in conjunction with and incidental to the lawful performance of the barber’s or cosmetologist’s particular profession or business; or
      (3)   Barber shops or cosmetology establishments, not operated as a home occupation as defined under the laws of the state, where a barber or cosmetologist, holding a valid, unrevoked license or certificate of registration issued by the state, allows a person, holding a valid unrevoked masseur or masseuse permit issued by the county and working under the direction of the barber or cosmetologist, to administer a massage in conjunction with and incidental to the lawful performance of the barber’s or cosmetologist’s particular profession or business.
   NUDITY. The showing of the human male or female genitals, pubic area or buttocks 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 genitals in a discernibly turgid state.
   SPECIFIED ANATOMICAL AREAS. Any of the following conditions:
      (1)   Less than completely and opaquely covered:
         (a)   Human genitals, pubic region or pubic hair;
         (b)   Buttock; or
         (c)   Female breast below a point immediately above the top of the areola.
      (2)   Human male genitals in a discernibly turgid state, even if completely covered.
   SPECIFIED SEXUAL ACTIVITIES. Any of the following conditions:
      (1)   The performance of acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law;
      (2)   The actual or simulated touching, caressing or fondling of the breast, buttocks, anus or genitals;
      (3)   The actual or simulated display of the breasts, buttocks, pubic hair, anus, vulva or genitals; and/or
      (4)   Excretory functions as part of or in connection with any activities set forth in divisions (1) through (3) of this definition.
(Ord. 04-002, passed 2-19-2004)