For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT CABARET. A nightclub, restaurant or other establishment which regularly features or displays:
(1) Live performances predominantly characterized by an emphasis on the exposure of any specified anatomical area or by any specified sexual activity; or
(2) Films, motion pictures, videocassettes, slides, other photographic reproductions or visual media predominantly characterized by an emphasis on the depiction or description of any specified sexual activity or any specified anatomical area.
ADULT MERCHANDISE STORE. An establishment that emphasizes merchandise that is predominantly distinguished or characterized by its emphasis on matter depicting, describing or relating to any specified sexual activity or any specified anatomical area. An establishment emphasizes merchandise that is predominantly distinguished by its emphasis on matter depicting, describing or relating to any specified sexual activity or any specified anatomical area if any one or more of the following applies to the establishment:
(1) Twenty five percent or more of the establishment’s retail floor space (i.e., excluding bathrooms, office areas, fitting rooms, eating areas, storage rooms/closets and the like) is used for the sale of merchandise that is predominantly distinguished or characterized by its emphasis on matter depicting, describing or relating to any specified sexual activity or any specified anatomical area;
(2) Twenty five percent or more of the establishment’s visible inventory is comprised of merchandise that is predominantly distinguished or characterized by its emphasis on matter depicting, describing or relating to any specified sexual activity or any specified anatomical area;
(3) Twenty five percent or more of the establishment’s gross revenues are generated by the sale or rental of merchandise that is predominantly distinguished or characterized by its emphasis on matter depicting, describing or relating to any specified sexual activity or any specified anatomical area;
(4) The establishment is operated consistent with its being an adult-oriented business (e.g., advertising is directed to an “adults only” market; the establishment self-imposes (or imposes consistent with state or federal law) prohibitions on minors being present in the establishment; segregated areas of the business are devoted predominantly to the sale or rental of such merchandise; and the like);
(5) The establishment displays merchandise that is predominantly distinguished or characterized by its emphasis on matter depicting, describing or relating to any specified sexual activity or any specified anatomical area such that that merchandise is visible to patrons in the store and without cover (as opposed to a situation where a de minimis amount of such merchandise, while available for sale or rental, is covered or otherwise shielded from the view of patrons); or
(6) A comparison between:
(a) The establishment’s ratio of general product to merchandise that is predominantly distinguished or characterized by its emphasis on matter depicting, describing or relating to any specified sexual activity or any specified anatomical area; and
(b) Other retail establishments’ ratio of general product to merchandise that is predominantly distinguished or characterized by its emphasis on matter depicting, describing or relating to any specified sexual activity or any specified anatomical area, indicates that the establishment emphasizes merchandise depicting, describing or relating to any specified sexual activity or any specified anatomical area.
ADULT-ORIENTED BUSINESS. A business or commercial establishment engaging in one or more of the following enterprises:
(1) Adult cabaret;
(2) Adult merchandise store;
(3) Escort agency;
(4) Nude model studio; or
(5) Sexual encounter center.
ESCORT. A person who, for any form of consideration and regardless of who pays that consideration, agrees to act or offers to act as a companion or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCY. A person or entity which furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration. An ESCORT AGENCY is deemed to be operated in the location where a request for an escort is received, or the escort and the person requesting the escort are together.
MATERIAL. Anything tangible, whether through the medium of reading, observation, sound or in any other manner, including, but not limited to, anything printed or written, any book, magazine, newspaper, pamphlet, picture, drawing, pictorial representation, motion picture, photograph, videotape, video disk, film, transparency, slide, audiotape, audiodisk, computer tape, holographic images, or any other medium used to electronically produce or reproduce images, or any mechanical, chemical or electronic reproduction. MATERIAL includes undeveloped photographs, molds, printing plates and other latent representational objects whether or not processing or other acts are required to make the content of the material apparent. This definition is intended to include material which is the product of any technology, whether that technology is available on the effective date of this chapter or becomes available after that date.
MERCHANDISE. Material and novelties.
NOVELTY. Any instrument, device or paraphernalia which depicts or describes any specific anatomical area or any specific sexual act, or which is designed for use, or commonly used, in connection with specific sexual activities, excluding condoms and other birth control and disease prevention products.
NUDE MODEL STUDIO. Any place where a person displays any specified anatomical area is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by any other person who pays money or any form of consideration.
SEXUAL ENCOUNTER CENTER. An establishment, except that which is part of the practice of and under the supervision and control of a physician, psychologist or psychiatrist licensed to practice in the state that offers:
(1) Activities between male and female persons and/or persons of the same sex when one or more of the persons exposes or displays any specified anatomical area; or
(2) The matching and/or exchanging of persons for any specified sexual activities.
SPECIFIED ANATOMICAL AREA. Any one or more of the following:
(1) Less than completely and opaquely covered human genitals, anus or female breast at or below the top of the areola; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITY. Any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast;
(2) A sex act, actual or simulated, including intercourse, oral copulation or sodomy;
(3) Masturbation, actual or simulated; or
(4) Excretory functions as part of or in connection with any of activities set forth in divisions (1) through (3) above.
(Prior Code, § 7.53) (Ord. effective 3-30-2001)