For the purpose of this chapter, the following words shall have the following meanings:
ADULT ARCADE: 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, videos or other image producing 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 characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas".
ADULT BOOKSTORE OR ADULT VIDEO STORE: A commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
A. Books, magazines, periodicals or other printed matter, or photographs, films, motion picture, videocassettes or video reproductions, slides, electronic media or other visual representations that are characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas"; or
B. Instruments, devices or paraphernalia that are designed for use in connection with "specified sexual activities".
A principal business purpose exists if materials offered for sale or rental depicting or describing "specified sexual activities" or "specified anatomical areas" generate twenty percent (20%) or more of the business' income, or account for twenty percent (20%) or more of inventory, or occupy twenty percent (20%) or more of total floor space. 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 be categorized as "adult bookstore" or "adult video store". Such other business purposes will not serve to exempt such commercial establishments 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 that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
ADULT CABARET: A nightclub, bar, restaurant, cafe or similar commercial establishment that regularly, commonly, habitually or consistently features:
A. Persons who appear in a state of nudity or seminudity; or
B. Live performances that are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
C. Films, motion pictures, videocassettes, slides, photographic reproductions or other image producing devices that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or
D. Persons who engage in "exotic" or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.
ADULT MOTEL: A hotel, motel or similar commercial establishment that:
A. Offers accommodation to the public for any form of consideration and provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, 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
B. Offers a sleeping room for rent for a period of time that is less than twenty four (24) hours; or
C. 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.
ADULT MOTION PICTURE THEATER: A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly, commonly, habitually or consistently shown that are characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas".
ADULT THEATER: A theater, concert hall, auditorium or similar commercial establishment that regularly, commonly, habitually or consistently features persons who appear, in person, in a state of nudity and/or seminudity, and/or live performances that are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities".
DIRECTOR: The chief of police and such employee(s) of the city police department as he or she may designate to perform the duties of the director under this chapter.
EMPLOYEE: A person who performs any service on the premises of a sexually oriented business on a full time, part time, contract basis or independent basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise, and whether or not the said person is paid a salary, wage or other compensation by the operator of said business. "Employee" does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises, nor does "employee" include a person exclusively on the premises as a patron or customer.
ESCORT: 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.
ESCORT AGENCY: 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.
ESTABLISHMENT: Means and includes any of the following:
A. The opening or commencement of any sexually oriented business as a new business;
B. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
C. The additions of any sexually oriented business to any other existing sexually oriented business; or
D. The relocation of any sexually oriented business; or
E. A sexually oriented business or premises on which the sexually oriented business is located.
LICENSED DAYCARE CENTER: A facility licensed by the state of Utah, whether situated within the city or not, that provides care, training, education, custody, treatment or supervision for more than twelve (12) children under fourteen (14) 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.
LICENSEE: A person in whose name a license has been issued, as well as the individual listed as an applicant on the application for a license.
LIVE THEATRICAL PERFORMANCE: A play, skit, opera, ballet, concert, comedy or musical drama.
NUDE MODEL STUDIO: 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 for consideration.
NUDITY OR A STATE OF NUDITY: The appearance of a human bare buttock, anus, anal cleft or cleavage, pubic area, male genitals, female genitals or vulva, with less than a fully opaque covering; or a female breast with less than a fully opaque covering of any part of the areola; or human male genitals in a discernibly turgid state even if completely and opaquely covered.
PATRON: Any person who contracts with or employs any escort services or escort or the customer of any business licensed pursuant to this chapter.
PERSON: An individual, proprietorship, partnership, corporation, association or other legal entity.
PREMISES: The real property upon which the sexually oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the licensee, as described in the application for a business license pursuant to section 6-6-070 of this chapter.
SEMINUDE: A state of dress in which opaque clothing covers no more than the female breast below a point immediately above the top of the areola; and the male or female genitals, pubic region and anus shall be fully covered by an opaque covering no narrower than four inches (4") wide in the front and five inches (5") wide in the back, which shall not taper to less than one inch (1") wide at the narrowest point.
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 business licensed for adult theaters.
SEMINUDE ENTERTAINMENT BUSINESS: A business, including adult theater, 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.
SEXUAL ENCOUNTER CENTER: A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
A. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
B. Activities between persons of the opposite sex and/or persons of the same sex when one or more of the persons is in a state of nudity or seminudity.
A principal business purpose exists if the services offered are intended to generate business income.
SEXUALLY ORIENTED BUSINESS: An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center or seminude entertainment business.
SEXUALLY ORIENTED BUSINESS EMPLOYEES: Those employees who work on the premises of a sexually oriented business in activities related to the sexually oriented portion of the business. This includes all managing employees, dancers, escorts, models and other similar employees, whether or not hired as employees, agents or as independent contractors. Sexually oriented business employees shall not include individuals whose work is unrelated to the sexually oriented portion of the business, such as janitors, bookkeepers and similar employees. Sexually oriented business employees shall not include cooks, serving persons and similar employees, except where they may be managers or supervisors of the business. All persons making outcall meetings under this chapter, including escorts, models, guards, escort runners, drivers, chauffeurs and other similar employees, shall be considered sexually oriented business employees.
SPECIFIED ANATOMICAL AREAS: A. The human male genitals in a discernibly turgid state, even if fully and opaquely covered;
B. Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.
SPECIFIED CRIMINAL ACTIVITY: Any of the following offenses:
A. Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; sexual assault; molestation of a child; or any similar sex related offenses to those described above under the criminal or penal code of this state, other states or other countries;
B. For which:
1. Fewer than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
2. Fewer than five (5) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a felony offense;
3. Fewer than five (5) years have elapsed since the date of the last conviction or the date of release from confinement imposed for the last conviction, whichever is the later date, if the convictions are for two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty four (24) month period;
C. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.
SPECIFIED SEXUAL ACTIVITIES: A.Acts of:
1. Masturbation,
2. Human sexual intercourse,
3. Sexual copulation between a person and a beast,
4. Fellatio,
5. Cunnilingus,
6. Bestiality,
7. Pederasty,
8. Buggery, or
9. Any anal copulation between a human male and another human male, human female, or beast;
B. Manipulating, caressing or fondling by any person of:
1. The genitals of a human,
2. The pubic area of a human,
3. The uncovered female nipple and areola;
C. Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of the one so clothed.
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS: The increase in floor areas occupied by the business by more than twenty five percent (25%), as the floor areas existed on January 1, 2004.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS: Means and includes any of the following:
A. The sale, lease or sublease of the business;
B. The transfer of securities that form a controlling interest in the business, whether by sale, exchange or similar means; or
C. 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. 2014-38, 12-2-2014)