For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BUSINESS. An adult motion picture theater, adult bookstore, adult video store, or adult theater.
ADULT BOOKSTORE or ADULT VIDEO STORE. A commercial establishment that:
(1) Holds itself out to be such a business;
(2) Excludes minors from more than 15% of the retail floor or shelf space of the premises; or
(3) As one of its principal purposes, offers for sale or rent, for any form of consideration, any one or more of the following: books, magazines, periodicals, photographs, films, motion pictures, video cassettes or video reproductions, slides, or other printed or visual representations, the central theme of which depicts or describes specified sexual activities or specified anatomical areas, the depiction or description of which is regulated or prohibited by this subchapter, or offers for sale or rent any instruments, devices, or paraphernalia, which are designated for use in connection with such sexual activities, except for legitimate medically recognized contraceptives.
ADULT MOTION PICTURE THEATER. A commercial establishment that:
(1) Holds itself out as such business;
(2) Excludes minors from the showing of two consecutive exhibitions (repeated showing of any single presentation shall not be considered a consecutive exhibition); or
(3) As its principal business, shows, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions which are primarily characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT THEATER. A theater, concert hall, auditorium, or similar commercial establishment that:
(1) Holds itself out as such a business;
(2) Excludes minors from the showing of two consecutive exhibitions (repeated performances of the same presentation shall not be considered a consecutive exhibition); or
(3) As its principal business, features persons who appear in live performance in a state of seminudity.
BUSINESS LICENSE AUTHORITY. The city’s Business License Officer or designee.
EMPLOY. Hiring an individual to work for pecuniary or any other form of compensation whether such person is hired on the payroll of the employer, as an independent contractor, as an agent, or in any other form of employment relationship.
ESCORT.
(1) Any person who, for pecuniary compensation, dates, socializes, visits, consorts with, or accompanies, or offers to date, consort, socialize, visit, or accompany another or others to or about social affairs, entertainment or places of amusement, within any place of public or private resort, or any business or commercial establishment or any private quarters.
(2) ESCORT shall not be construed to include persons who provide business or personal services such as licensed private nurses, aides for the elderly or handicapped, social secretaries, or similar service personnel:
(a) Whose relationship with their patron is characterized by a bona fide contractual relationship having a duration of more than 12 hours; or
(b) Who provides a service not principally characterized as dating or socializing.
(3) ESCORT shall also not be construed to include persons providing services such as singing telegrams, birthday greetings, or similar activities characterized by appearances in a public place, contracted for by a party other than the person for whom the service is being performed and of duration of not longer than one hour.
ESCORT SERVICE. An individual or entity who, for pecuniary compensation, furnishes or offers to furnish escorts, or provides or offers to introduce patrons to escorts.
ESCORT SERVICE RUNNER. Any third person, not an escort, who, for pecuniary compensation, acts in the capacity of an agent or broker for an escort service, escort or patron by contacting or meeting with escort services, escorts or patrons at any location within the city, whether or not said third person is employed by such escort service, escort, patron, or by another business or is an independent contractor or self-employed.
NUDE or STATE OF NUDITY. The state of dress in which the areola of the female breast, or male or female genitals, pubic region, or anus are covered by less than the covering required in the definition of seminude.
OUT-CALL SERVICES. Services of a type performed by a sexually-oriented business employee outside of the premises of the licensed sexually-oriented businesses physical facilities including, but not limited to, escorts, models, dancers, and other similar employees. Escort services and escort service runners shall be considered OUT-CALL SERVICES for the purposes of this chapter.
PATRON. Any person who contracts with or employs any escort services or escort or the customer of any business licenses pursuant to this chapter.
PECUNIARY COMPENSATION. Any commission, fee, salary, tip, gratuity, hire, profit, reward, or any other form of consideration.
PERSON. Any person, unincorporated association, corporation, partnership, or other legal entity.
SEMINUDE or STATE OF SEMINUDITY. A state of dress in which opaque clothing covers no more than the areola of the female breast and the male or female genitals, pubic region, and anus with a covering no narrower than four inches wide in the front and five inches wide in the back, which shall not taper to less than one inch wide at the narrowest point.
SEMINUDE ENTERTAINMENT BUSINESS. A business where employees perform or appear in the presence of patrons of the business in a state of seminudity. A business shall also be presumed to be a SEMINUDE ENTERTAINMENT BUSINESS if the business holds itself out as such a business.
SEMINUDE DANCING AGENCY. Any person, agency, firm, corporation, partnership or any other entity or individual which furnishes, books, or otherwise engages or offers to furnish, book, or otherwise engage the service of a professional dancer licensed pursuant to this chapter for performance or appearance at a seminude entertainment business or adult theater.
SEXUALLY-ORIENTED BUSINESS. Out-call services, adult businesses, seminude entertainment businesses, and seminude dancing agencies, as defined herein.
SEXUALLY-ORIENTED BUSINESS EMPLOYEES.
(1) Employees who work for sexually-oriented businesses in activities, which relate in any way to the sexually-oriented portion of the business. This includes all manages, dancers, escorts, models, and other similar employees sexually-oriented businesses, whether hired as employees, agents, or as independent contractors.
(2) SEXUALLY-ORIENTED BUSINESS EMPLOYEES shall not include individuals whose work is unrelated to the sexually-oriented portion of the business such as, janitors, bookkeepers, cooks, serving persons, bartenders, and similar employees except where they may be managers or supervisors of the business.
(3) All persons making out-call meetings under this chapter, including escorts, models, dancers, guards, escort service runners, drivers, chauffeurs, and other similar employees shall be considered SEXUALLY-ORIENTED BUSINESS EMPLOYEES.
SPECIFIED ANATOMICAL AREAS. The human male or female pubic area and anus with less than a full opaque covering, and the human female breast below the top of the areola, with less than full opaque covering.
SPECIFIED SEXUAL ACTIVITIES. Any of the following:
(1) Acts of masturbation, human sexual intercourse, fellatio, cunnilingus, bestiality, pederasty, buggery, and/or anal copulation between a human male and another human male, human female, or beast;
(2) Manipulating, caressing, or fondling the human genitals, the human pubic area, the human anus, or the human female breast with the intent to excite or arouse the actors or any other person; and/or
(3) Flagellation or torture by or upon a person for purposes of sexual gratification or pleasure of the actors or other persons, or the condition of being fettered, bound, or otherwise physically restrained for purposes of sexual gratification or pleasure of the actors or other persons.
(Ord. 2016-002, passed 11-16-2016)