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 for sale, or viewing on the premises by use of motion picture devices or any other coin-operated means, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an established segment or section devoted to the sale or display of the material.
ADULT ENTERTAINMENT CABARET. A public or private establishment, charging a fee for admission or membership, and/or licensed to serve food and/or alcoholic beverages, which features entertainers, dancers, waitresses, waiters or any other employee acting in such a way as to display, depict, describe or relate to specified sexual activities or specified anatomical areas for observations by patrons therein.
ADULT MINI MOTION PICTURE THEATER. An enclosed building 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. A commercial establishment where films, motion pictures, video cassettes, DVDs, slides or similar photographic reproductions 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.
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, nude or semi-nude dancing readings, counseling sessions, body painting and other activities that present material 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.
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 malls, 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 the supplementary aids as rubbing alcohol, linaments or other similar preparations commonly used in this practice.
MASSAGE ESTABLISHMENT. Any 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”.
NUDITY. The showing of the human male or female genitals, pubic area or cleavage of the human 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.
PERSON. An individual, public or private corporation, government, partnership or unincorporated association.
PUBLIC PLACE. Includes any place to which the general public has access and a right to resort for business, entertainment and other lawful purposes. The term does not necessarily mean a place devoted solely to uses by the public. The term includes the front and immediate areas of any store, shop, restaurant, tavern or other place of business and also parks, public areas and public grounds.
RELIGIOUS INSTITUTION. A building in which persons regularly assemble for religious worship intended primarily for purposes connected with the worship or for propagating a particular form of religious belief.
SPECIFIED ANATOMICAL AREAS. Any of the following conditions:
(1) Less than completely and opaquely covered:
(a) Human genitals, pubic region or pubic hair;
(b) Cleavage of the human buttock; and
(c) Female breast with less than fully opaque covering of any part of the nipple.
(2) Human male genitals in a discernibly turgid state, even if completely covered.
SPECIFIED SEXUAL ACTIVITIES. Any of the following conditions:
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts or representations of acts of human masturbation, sexual intercourse or sodomy, bestiality, oral copulation or flagellation;
(3) Fondling or erotic touching of human genitals, pubic region, buttock or female breast; or
(4) Excretory functions as part of or in connection with any activities set forth in divisions (1) through (3) above.
(Ord. 702, passed 10-7-2002)