ADULT BOOKSTORE: | An establishment having as a preponderance of its stock in trade or its dollar volume in trade, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, slides, tapes, records or other forms of visual or audio representations which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. |
ADULT CABARET: | A nightclub, bar, theater, restaurant or similar establishment which frequently features live performances by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas and/or which regularly feature films, motion pictures, videocassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons. |
ADULT DRIVE-IN THEATER: | An open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats in which a preponderance of the total presentation time is devoted to the showing of materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons. |
ADULT ENTERTAINMENT BUSINESS: | An adult bookstore, adult motion picture theater, adult mini-motion picture theater, adult motion picture arcade, adult cabaret, adult drive-in theater, adult live entertainment arcade or adult service establishment. |
ADULT LIVE ENTERTAINMENT ARCADE: | Any building or structure which contains or is used for commercial entertainment where the patron directly or indirectly is charged a fee to view from an enclosed or screened area or both a series of live dance routines, strip performances or other gyrational choreography, which performances are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas. |
ADULT MINI-MOTION PICTURE THEATER: | An enclosed building with a capacity of more than five (5) but less than fifty (50) persons, used for presenting films, motion pictures, videocassettes, slides or similar photographic reproductions in which a preponderance of the total presentation time is devoted to the showing of materials which are distinguished or characterized by an emphasis on matter depicting, describing, or related to specified sexual activities or specified anatomical areas for observation by patrons therein. |
ADULT MOTEL: | A hotel, motel or similar establishment offering public accommodations for any form of consideration which provides patrons, upon request, with closed circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. |
ADULT MOTION PICTURE ARCADE: | Any place to which the public is permitted or invited wherein coin or slug operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors 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 distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas. |
ADULT MOTION PICTURE THEATER: | An enclosed building with a capacity of fifty (50) or more persons used for presenting films, motion pictures, videocassettes, slides or similar photographic reproductions in which a preponderance of the total presentation time is devoted to showing of materials which are 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 SERVICE ESTABLISHMENT: | Any building, premises, or structure or other facility, or any part thereof, under common ownership or control which provides a preponderance of services involving specified sexual activities or display of specified anatomical areas. |
ENLARGEMENT: | An increase in the size of the building, structure or premises in which the adult entertainment business is conducted by either construction or use of an adjacent building or any portion thereof whether located on the same or an adjacent lot or parcel of land. |
ESTABLISHING AN ADULT ENTERTAINMENT BUSINESS: | Shall mean and include any of the following: A. The opening or commencement of any such business as a new business; |
B. The conversion of an existing business, whether or not an adult entertainment business, to any of the adult entertainment businesses defined herein; | |
C. The addition of any of the adult entertainment businesses defined herein to any other existing adult entertainment business; or | |
D. The relocation of any such business. | |
RECONSTRUCTION: | The rebuilding or restoration of any nonconforming adult use which was damaged or partially destroyed by an exercise of the power of eminent domain, or by fire, flood, wind, explosion or other calamity or act of God if the damage or destruction exceeds two-thirds (2/3) of the value of the structure or the facilities affected. |
RESIDENTIAL ZONING DISTRICT: | R-A, R-1, and A zoning districts, or any subdistricts or overlays thereof. |
RESUMPTION: | The reuse or reoccupation of a nonconforming adult use which has been discontinued for a period of six (6) or more consecutive months. |
SERVICES INVOLVING SPECIFIED SEXUAL ACTIVITIES OR DISPLAY OF SPECIFIED ANATOMICAL AREAS: | As used in the definition of “adult service establishment” herein, shall mean and include any combination of two (2) or more of the following activities: |
A. The sale or display of books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, slides, tapes, records or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; | |
B. The presentation of films, motion pictures, videocassettes, slides, or similar photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons; | |
C. The operation of coin or slug operated or electronically, electrically or mechanically controlled still or motion picture machines. projectors or other image producing devices 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; | |
D. Live performances by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas; | |
E. The operation of a massage school, massage parlor, massage therapy clinic, bathhouse, escort service, body painting studio or nude modeling studio. | |
SPECIFIED ANATOMICAL AREAS: | Shall mean and include any of the following: |
A. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or | |
B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. | |
SPECIFIED SEXUAL ACTIVITIES: | Shall mean and include any of the following: |
A. Human genitals in a state of sexual stimulation or arousal; | |
B. Acts of human masturbation, sexual intercourse or sodomy; | |
C. Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts; | |
D. Flagellation or torture in the context of a sexual relationship; | |
E. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; | |
F. Erotic touching, fondling or other such contact with an animal by a human being; or | |
G. Human excretion, urination, menstruation, vaginal or anal irrigation as part of or in connection with any of the activities set forth in subsections A through F of this definition. | |
STRUCTURAL ALTERATION: | Any change which would prolong the life of the supporting members of a building or structure such as bearing walls, columns, beams or girders, except such changes as are ordered. (Ord. 628, 6-1-2021) |