The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ACCESSORY SEXUALLY ORIENTED USE: A. The offering of retail goods for sale which are classified as sexually oriented business uses on a limited scale and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of such items include the sale of adult magazines, the sale and/or rental of adult motion pictures, the sale of adult novelties, and the like.
B. Dancing or live entertainment characterized by an emphasis on the presentation of "specified sexual activities" or "specified anatomical areas", if such live entertainment is only presented as an occasional activity of the business operation.
C. Occasional activity as used in connection with an accessory sexually oriented use means dancing or live entertainment characterized by an emphasis on presentation of "specific sexual activities" or "specified anatomical areas" if such live entertainment is only presented as an occasional activity of the business operation as herein regulated.
PERSON: An individual, proprietorship, partnership, corporation, association or other legal entity.
PRINCIPAL SEXUALLY ORIENTED USE: The offering of goods and/or services which are classified as sexually oriented business uses as a primary or sole activity of a business or establishment and include, but are not limited to, the following:
A. Sexually Oriented Adult Video And/Or Adult Bookstore: A building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape or motion picture film if such building or portion of a building is not open to the public generally but only to one or more classes of the public, excluding any minor by reason of age or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas".
B. Sexually Oriented Barbershop: Any barbershop which is licensed to cut hair, but features sexual exhibits or displays:
1. Persons who appear in a state of nudity or seminude; or
2. Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
3. Films, motion pictures, videocassettes, slides or other photographic reproductions which depict or describe "specified sexual activities" or "specified anatomical areas".
C. Sexually Oriented Beauty Salon: Any beauty salon which is licensed to cut hair, or hairstyling or manicuring, but features sexual exhibits or displays:
1. Persons who appear in a state of nudity or seminude; or
2. Live performances which 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 which depict or describe "specified sexual activities" or "specified anatomical areas".
D. Sexually Oriented Body Painting Studio: An establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the body of a patron when such body is wholly or partially nude in terms of "specified anatomical areas".
E. Sexually Oriented Cabaret: A building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age and if such dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas".
F. Sexually Oriented Companionship Establishment: A companionship establishment which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".
G. Sexually Oriented Conversation/Rap Parlor: A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation talk or discussion, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".
H. Sexually Oriented Health/Sport Club: A health/sport club which excludes minors by reason of age, or if such club is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".
I. Sexually Oriented Hotel Or Motel: A hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas".
J. Sexually Oriented Massage Parlor, Health Club Or Studio: A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".
K. Sexually Oriented Mini-Motion Picture Theater: A building or portion of a building with a capacity for less than fifty (50) persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.
L. Sexually Oriented Modeling Studio: An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in "specified sexual activities" or display "specified anatomical areas" while being observed, painted, painted upon, sketched, drawn, sculptured, photographed or otherwise depicted by such customers.
M. Sexually Oriented Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or slug operated or electronically, electrically or mechanically controlled or operated still or motion picture machines, projectors or other image reproducing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas".
N. Sexually Oriented Motion Picture Theater: A building or portion of a building with a capacity of fifty (50) or more persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age or if such material is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.
O. Sexually Oriented Novelty Business: A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation.
P. Sexually Oriented Sauna: A sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".
Q. Sexually Oriented Soda Pop Or Nonalcoholic Beverage Clubs: A night club, bar, restaurant or other commercial establishment that does not serve alcoholic beverages but features sexual exhibits or displays:
1. Persons who appear in a state of nudity or seminude; or
2. Live performances which 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 which depict or describe "specified sexual activities" or "specified anatomical areas".
R. Sexually Oriented Steam Room/Bathhouse Facility: A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".
SEXUALLY ORIENTED BUSINESS USES: Sexually oriented business uses include adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, "soda pop" or nonalcoholic beverage club, adult barbershops, adult beauty salons, and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas" which are capable of being seen by members of the public. Activities classified as obscene as defined by Nevada Revised Statutes section 201.235 et seq., are not included. As used in this article, for zoning purposes, "sexually oriented business uses" do not include houses of prostitution which are zoned, licensed, controlled and operated under title 4, chapter 9 of this code.
SPECIFIED ANATOMICAL AREAS: A. Less than completely and opaquely covered human genitals, pubic region, buttock, anus or female breast(s) below a point immediately above the top of the areola; and
B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES: A. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, sapphism; or
B. Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or
C. Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; or
D. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or
E. Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restrain of any such persons; or
F. Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or
G. Human excretion, urination, menstruation, vaginal or anal irrigation. (Ord. 439, 4-12-1994)