(a) “Adult arcade” 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 maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of “specified sexual activities” or “specified anatomical areas.”
(b) “Adult bookstore or adult video store” means a commercial establishment that, as one of its principal business purposes, offers for sale or rental of 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 depict or describe “specified sexual activities” or “specified anatomical areas”; and
(2) Instruments, devices, or paraphernalia that 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 categorized as adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishment from being categorized as an adult bookstore 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 depict or describe “specified sexual activities” or “specified anatomical areas.” A principal business purpose need not be a primary use of an establishment so long as it is a significant use based upon the visible inventory or commercial activity of the establishment.
(c) “Adult cabaret” means a nightclub, bar, restaurant, or similar commercial establishment that regularly features:
(1) Persons who appears in a state of semi-nudity; or
(2) Live performances that are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”; or
(3) Films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction of description of “specified sexual activities” or “specified anatomical areas”; or
(4) Persons who engage in lewd, lascivious or erotic dancing or performance that are intended for the sexual interests or titillation of an audience or customers.
(d) “Adult motel” means a hotel, motel or similar commercial establishment that:
(1) Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmission, films, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”; and has a sign visible from the public right of way that advertises the availability of this adult type of photographic reproductions; or
(2) Offers a sleeping room for rent for a period of time that is less than twenty- four (24) hours; and
(3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than twenty-four (24) hours.
(e) “Adult motion picture theater” means a commercial establishment where, for any form of considerations, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown that are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
(f) “Adult theater” means a theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear in a state of nudity or live performances that are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities.”
(g) “Director” means the Chief of Police and any such employee(s) of the Police Department as he may designate to perform the duties of the director under this article.
(h) “Escort” means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
(i) “Escort agency” means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
(j) “Establishment” means and includes 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;
(3) The additions of any sexually oriented business to any other existing sexually oriented business; or
(4) The relocation of any sexually oriented business.
(k) “Licensed day-care center” means a facility licensed by the State of West Virginia, whether situate with the Town or not, that provides care, training, education, custody, treatment or supervision for four (4) or more children under eighteen (18) years of age, where such children are not related by blood, marriage or adoption to the owner or operator of the facility, for less than twenty-four (24) hours a day, regardless of whether or not the facility is operated for a profit or charges for the services it offers.
(l) “Permittee and/or license” means a person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
(m) “Nude model studio” means any place where a person who appears in a state of nudity or displays “specified anatomical areas” is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
(n) “Nudity” or a “State of nudity” means the appearance of a human bare buttocks, anus, male genitals, female genitals, or female breast without a fully opaque complete covering of the breast below a point immediately above the top of the areola, of human male genitals in a discernibly turgid state even if completely and opaquely covered.
(o) “Person” means an individual, proprietorship, partnership, corporation, association, or other legal entity.
(p) “Semi-nude” means a state of dress in which clothing covers no more than the human bare buttocks, anus, male genitals, female genitals, or female breast without a fully opaque complete covering of the breast below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state even if completely and opaquely covered.
(q) “Sexual encounter center” means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
(r) “Sexually oriented business” means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, escort agency, nude model studio, or sexual encounter center.
(s) “Specified anatomical areas” means the male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.
(t) “Specified sexual activities” means and includes 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, or sodomy;
(3) Masturbation, actual or simulated; or
(4) Excretory functions as part of or in connection with any of the activities set forth in subsections (t)(1) through (3).
(u) “Substantial enlargement” of a sexually oriented business means the increase in floor areas occupied by the business by more than twenty-five percent (25%), as the floor areas exist on August 7, 1997.
(v) “Transfer of ownership or control” of a sexually oriented business means and includes any of the following:
(1) The sale, lease, or sublease of the business;
(2) The transfer of securities that form a controlling interest in the business, whether by sale, exchange, or similar means, or
(3) The establishment of a trust, gift, or other similar legal device that 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. (Ord. 97-6. Passed 8-7-97.)