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 machine, projectors, or other image producing devices are regularly maintained to show images to five (5) or fewer persons at any one time, and where the images so displayed are distinguished or characterized by their emphasis upon matter exhibiting or describing specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE, ADULT VIDEO STORE OR ADULT NOVELTY STORE: A commercial establishment which has significant or substantial portion of its stock in trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising, or maintains a substantial section of its sales or display space to the sale or rental for any form of consideration, of any one or more of the following:
A. Books, magazines, periodicals, or other printed matter; or photographs, films, motion pictures, videocassettes, or video reproductions, slides, or other visual representations, the central theme of which depicts or describes "specified sexual activities" or "specified anatomical areas"; or
B. Instruments, devices, or paraphernalia which are designated for use in connection with "specified sexual activities", except for legitimate medically recognized contraceptives.
ADULT CABARET: A nightclub, bar, juice bar, restaurant bottle club or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features: a) persons who appear seminude, b) live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities, or c) films, motion pictures, videocassettes, slides, or other photographic reproduction which are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas.
ADULT MOTEL: A motel, hotel or similar commercial establishment which: a) offers public accommodations, for any form of consideration, and which regularly provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas and which regularly advertises the availability of such material by means of a sign visible from the public right of way or by means of any off premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television and b) offers a sleeping room for rent for a period of time less than ten (10) hours.
ADULT MOTION PICTURE THEATER: A commercial establishment which as its principal business, shows, for any form of consideration, regularly featured films, motion pictures, videocassettes, 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 which:
A. Holds itself out as such a business; or
B. Which for any form of consideration, features persons who appear in live performances in a state of seminudity or live performances which are characterized by their emphasis upon the exposure of specified anatomical areas or by specified sexual activities.
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: 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, or within any place of public or private resort or any business or commercial establishment or any private quarters. "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 whose relationship with their patron is characterized by a bona fide contractual relationship having a duration of more than twelve (12) hours and who provide a service not principally characterized as dating or socializing. "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 not longer than one hour.
ESCORT SERVICE: An individual or entity that, 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 such third person is employed by such escort service, escort, patron, or by another business, or is an independent contractor or self-employed.
NUDITY: A 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".
OPERATOR: The manager or other natural person principally in charge of a sexually oriented business.
OUTCALL SERVICES: Services of a type performed by a sexually oriented business employee outside of the premises of the licensed sexually oriented business, including, but not limited to, escorts, models, dancers and other similar employees.
PATRON: Any person who contracts with or employs any escort services or escort or the customer of any business licensed 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: 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 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.
SEXUALLY ORIENTED BUSINESS: Seminude entertainment businesses, sexually oriented outcall services, adult businesses, and seminude dancing agencies, as defined by this chapter.
SEXUALLY ORIENTED BUSINESS EMPLOYEE, EMPLOY AND EMPLOYMENT: 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. Employees shall not include individuals whose work is unrelated to the sexually oriented portion of the business, such as for repair, maintenance, delivery of goods, and similar employees. 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: The human male or female pubic area or anus with less than a full opaque covering, or the human female breast below a point immediately above the top of the areola, with less than full opaque covering.
SPECIFIED SEXUAL ACTIVITIES:
A. Sex acts, normal or perverted, including intercourse, oral copulation, masturbation or sodomy; or
B. Excretory functions as a part or in connection with any of the activities described in subsection A of this definition. (Ord. 02-04 § 1)