For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATOR. The Auditor of the county.
ADULT BOOKSTORE. A commercial establishment which, as a principal part of its business, offers for sale, or rental, for any form of consideration, any one or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas. A PRINCIPAL PART OF ITS BUSINESS means that the commercial establishment:
(1) Has at least 35% of its displayed merchandise which consists of said items;
(2) Has at least 35% of the wholesale value of its displayed merchandise which consists of said items;
(3) Has at least 35% of the retail value of its displayed merchandise which consists of said items;
(4) Derives at least 35% of its revenues from the sale, or rental, for any form of consideration of said items;
(5) Maintains a section of at least 35% of its interior business space for the sale, or rental, of said items; or
(6) Maintains an ADULT ARCADE, which means 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 or fewer persons per machine at any one time, and where the images so displayed are characterized by their emphasis upon matter exhibiting specified sexual activities or specified anatomical areas.
ADULT CABARET. A nightclub, bar, juice bar, restaurant, bottle club, or other commercial establishment, whether or not alcoholic beverages are served, which regularly features persons who appear semi-nude.
ADULT MINI-MOTION PICTURE THEATER. Any commercial establishment which regularly offers rooms with a capacity of more than five, but less than 50, persons, wherein films, motion pictures, videocassettes, slides, or similar visual images that are distinguished, or characterized, by an emphasis on specified sexual activities or specified anatomical areas are regularly presented for observation by patrons therein.
ADULT MOTEL. A motel, hotel, 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, videocassettes, other photographic reproductions, or live performances which are characterized by the display of specified sexual activities or specified anatomical areas; and which advertises the availability of such material by means of a sign visible from the public right-of-way, or by means of any on- or off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio, or television;
(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 subrent the room for a period of time that is less than ten hours.
ADULT MOTION PICTURE THEATER. A commercial establishment where films, motion pictures, videocassettes, slides, or similar photographic reproductions, which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas, are regularly shown to more than five persons for any form of consideration.
ADULT SERVICE ESTABLISHMENT. Any building, premises, structure, or other facility that uses at least 35% of the building, premises, structure, or other facility for commercial activities involving the display of specified sexual activities or specified anatomical areas.
BOARD OF COMMISSIONERS. The Board of Commissioners of the county.
CHARACTERIZED BY. Describing the essential character or quality of an item. As applied in this chapter, no business shall be classified as a sexually-oriented business by virtue of showing, selling, or renting materials rated NC-17 or R by the Motion Picture Association of America.
COUNTY. The County of Dubois, State of Indiana.
EMPLOY, EMPLOYEE, and EMPLOYMENT. Any person who performs any service on the premises of a sexually-oriented business, on a full-time, part-time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise. 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.
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 a sexually-oriented business, to any sexually-oriented business; and/or
(3) The addition of any sexually-oriented business to any other existing sexually-oriented business.
HEARING BODY. The Board of Commissioners.
INFLUENTIAL INTEREST. Any of the following:
(1) The actual power to operate the sexually-oriented business, or control the operation, management, or policies of the sexually-oriented business, or the legal entity which operates the sexually-oriented business;
(2) Ownership of a financial interest of 30% or more of a business, or of any class of voting securities of a business; and/or
(3) Holding an office (for example, president, vice president, secretary, treasurer, managing member, managing director, and the like) in a legal entity which operates the 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, or individuals, listed as an applicant on the application for a sexually-oriented business license. In the case of an employee, it shall mean the person in whose name the sexually-oriented business employee license has been issued.
NUDITY or A STATE OF NUDITY. The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft, or cleavage with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple.
OPERATOR or CAUSE TO OPERATE. To cause to function, or to put or keep in a state of doing business. OPERATOR means any person on the premises of a sexually-oriented business who causes the business to function, or who puts, or keeps in operation, the business, or who is authorized to manage the business or exercise overall operational control of the business premises. A person may be found to be operating, or CAUSING TO BE OPERATED, a sexually-oriented business whether or not that person is an owner, part owner, or licensee of the business.
PERSON. An individual, proprietorship, partnership, corporation, association, or other legal entity.
PREMISES. The real property upon which the sexually-oriented business is located, and all appurtenances thereto, and buildings thereon, including, but not limited to, the sexually-oriented business, the grounds, any trailers, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the licensee, as described in the application for a business license pursuant to § 112.04.
REGULARLY. The consistent and repeated doing of the act so described.
SEMI-NUDE MODEL STUDIO. A place where persons regularly appear in a state of semi-nudity for money, or any form of consideration, in order to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. This definition does not apply to any place where persons appearing in a state of semi-nudity did so in a modeling class operated:
(1) By a college, junior college, or university supported entirely, or partly, by taxation;
(2) By 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; or
(3) In a structure:
(a) Which has no sign visible from the exterior of the structure, and no other advertising that indicates a semi-nude person is available for viewing; and
(b) Where, in order to participate in a class, a student must enroll at least three days in advance of the class.
SEMI-NUDE or STATE OF SEMI-NUDITY. The showing of the female breast below a horizontal line across the top of the areola, and extending across the width of the breast at that point, or the showing of the male or female buttocks. This definition shall include the lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breasts exhibited by a bikini, dress, blouse, shirt, leotard, or similar wearing apparel, provided the areola is not exposed, in whole or in part.
SEXUAL DEVICE. Any three-dimensional object designed and marketed for stimulation of the male or female human genital organ or anus, or for sadomasochistic use or abuse of oneself or others, and shall include devices such as dildos, vibrators, penis pumps, and physical representations of the human genital organs. Nothing in this definition shall be construed to include devices primarily intended for protection against sexually transmitted diseases, or for preventing pregnancy.
SEXUAL DEVICE SHOP. A commercial establishment that regularly features sexual devices. Nothing in this definition shall be construed to include any pharmacy, drug store, medical clinic, or any establishment primarily dedicated to providing medical or healthcare products, or services, nor shall this definition be construed to include commercial establishments which do not restrict access to any portion of their premises by reason of age.
SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its principal business purposes, purports to offer, for any form of consideration, physical contact in the form of wrestling or tumbling between any persons when one, or more, of the persons is semi-nude.
SEXUALLY-ORIENTED BUSINESS. An adult bookstore, an adult cabaret, an adult mini-motion picture theater, an adult motel, an adult motion picture theater, an adult service establishment, a semi-nude model studio, a sexual device shop, or a sexual encounter center, as defined in this section. The term SEXUALLY-ORIENTED BUSINESS shall also include an adult drive-in theater, an adult live entertainment arcade, and an adult motion picture arcade.
SPECIFIED ANATOMICAL AREAS. Includes:
(1) Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED CRIMINAL ACTIVITY.
(1) Any of the following specified crimes for which less than five years elapsed since the date of conviction, or the date of release from confinement for the conviction, whichever is the later date:
(a) Rape, sexual assault, public indecency, statutory rape, rape of a child, sexual exploitation of a minor, indecent exposure;
(b) Prostitution, patronizing prostitution, promoting prostitution;
(c) Obscenity;
(d) Dealing in controlled substances; and
(e) Racketeering, tax evasion, money laundering.
(2) Any attempt, solicitation, or conspiracy to commit one of the foregoing offenses; or
(3) Any offense in another jurisdiction that had the predicate act(s) been committed in the state would have constituted any of the foregoing offenses.
SPECIFIED SEXUAL ACTIVITY. Any of the following:
(1) Intercourse, oral copulation, masturbation, or sodomy; and
(2) Excretory functions as a part of, or in connection with, any of the activities described in division (1) above.
SUBSTANTIAL. At least 35% of the item(s) so modified.
TRANSFER OF OWNERSHIP OR CONTROL. Any of the following:
(1) The sale, lease, or sublease of the business;
(2) The transfer of securities which constitute an influential interest in the business, whether by sale, exchange, or similar means; and/or
(3) The establishment of a trust, gift, or other similar legal device which transfers the ownership, or control, of the business, except for transfer by bequest, or other operation of law, upon the death of the person possessing the ownership or control.
VIEWING ROOM. The room, booth, or area where a patron of a sexually-oriented business would ordinarily be positioned while watching a film, videocassette, or other video reproduction.
(Ord. 2006-02, passed 6-19-2006)