For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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 or other image-producing devices are maintained to show images to 5 or fewer persons per machine at any 1 time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE. A bookstore:
(1) Which receives a majority of its gross income during any calendar month from the sale of publications (including books, magazines 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, as defined in this section; or
(2) Having as a preponderance of its publications books, magazines 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, as defined in this section.
ADULT CABARET. A nightclub, bar, restaurant or similar commercial establishment that for at least 10% of its business hours in any day features:
(1) Persons who appear in a state of nudity or semi-nudity;
(2) Live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities;
(3) Films, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or
(4) Persons who engage in lewd, lascivious or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.
ADULT ESCORT. A person who, for consideration, agrees or offers to act as a companion, guide or date for another person for the purpose of participating in, engaging in, providing or facilitating specified sexual activities.
ADULT ESCORT AGENCY. A person or business that furnishes, offers to furnish, or advertises to furnish adult escorts as one of its business purposes for a fee, tip or other consideration.
ADULT LIVE ENTERTAINMENT. Any performance of or involving the actual presence of real people which exhibits specified sexual activities or specified anatomical areas, as defined in this section.
ADULT LIVE ENTERTAINMENT BUSINESS. Any establishment or business wherein adult live entertainment is shown for observation by patrons.
ADULT MEDIA CENTER. Includes but is not limited to an adult bookstore and an adult video store, and means any place:
(1) Which receives more than 50% of its gross income during any calendar month from the sale, rental or both of books, periodicals, magazines, video tapes, CD-ROM, computer software, movies or other products offered in photographic, print, electronic, magnetic or digital or other imaging media, which are distinguished or characterized by their emphasis on matter depicting, describing or presenting specified anatomical areas as defined in G.S. § 14-202.10(10), specified sexual activities as defined in G.S. § 14-202.10(11), or sexually oriented devices as defined in G.S. § 14-202.10(9), or any combination thereof; or
(2) Having more than 25% of its merchandise inventory consisting of books, periodicals, magazines, video tapes, CD-ROM, computer software, movies and other products offered in photographic, print, electronic, magnetic or digital or other imaging media which are distinguished or characterized by their emphasis on matter depicting, describing or presenting specified anatomical areas as defined in G.S. § 14-202.10(10), specified sexual activities as defined in G.S. § 14-202.10(11), or sexually oriented devices as defined in G.S. § 14-202.10(9), or any combination thereof. The 25% threshold described herein means 25% of the number of items, or 25% of the display space in which items are presented for sale, rental or both, or 25% of the wholesale value as reflected on the purchase records of the ADULT MEDIA CENTER or 25%of the retail value of the items, it being the intent of this division (2) that any of the thresholds shall bring the ADULT MEDIA CENTER within the operation of this chapter. A commercial establishment may have other business purposes on the same building site 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 MEDIA CENTER. The other business purposes will not serve to exempt the commercial establishments from being categorized as an ADULT MEDIA CENTER so long as one of its business purposes is the offering for sale or rental for consideration the specified materials which depict or describe specified sexual activities or specified anatomical areas.
ADULT MERCHANDISE. Any product dealing in or with explicitly sexual material as characterized by matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT MINI MOTION PICTURE THEATER. An enclosed building with viewing booths designed to hold patrons which is used for presenting motion pictures, a preponderance of which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined in this section, for observation by patrons therein.
ADULT MOTEL. A hotel, motel or similar commercial establishment that:
(1) Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, 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 rights-of-way that advertises the availability of this adult type of photographic reproductions;
(2) Offers a sleeping room for rent for a period of time that is less than 12 hours; or
(3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 12 hours.
ADULT MOTION PICTURE THEATER. An enclosed building or premises used for presenting motion pictures, a preponderance of which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this section, for observation by patrons therein. ADULT MOTION PICTURE THEATER does not include any adult mini motion picture theater as defined in this section.
ADULT THEATER. A theater, concert hall, auditorium or similar commercial establishment that, for at least 10% of its business hours in any day, features persons who appear in a state of nudity or live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities.
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 1 or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion picture, video tapes or cassettes, video reproductions, CD-ROMs, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or any combination thereof.
BOTTOMLESS. A state of nudity or semi-nudity where a person exposes to view a human bare buttock, anus, male genitals or female genitals.
EMPLOYEE OF A SEXUALLY ORIENTED BUSINESS. A person who performs any service on the premises of a sexually oriented business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not the person is paid a salary, wage or other compensation by the operator of the 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.
LAP. The area between a person’s knees and his or her waist.
NON-ADULT USE BUSINESSES. Any business or establishment not defined as a sexually oriented business in this section. NON-ADULT USE BUSINESSES shall not display or merchandise adult, sexually oriented implements and paraphernalia, including but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas and similar sexually oriented devices.
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 who pay money or any form of consideration. There is excepted from this definition any studio which is part of a school for artists who are regularly enrolled in a course of instruction in the arts, in which the use of nude models involves less than 10% of the course hours.
NUDITY or STATE OF NUDITY. The appearance of a human bare buttock, anus, male genitals, female genitals, female breast without a fully opaque complete covering of the breast below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state even if completely and opaquely covered.
PATRON. Any person who is physically present on the premises of a sexually oriented business and who is not an owner, employee, agent, subcontractor or independent contractor of the business, or any entertainer or performer at the business.
SEMI-NUDE. A state of dress in which clothing covers no more than the human bare buttock, anus, male genitals, female genitals or female breast at a fully opaque complete covering of the breast below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state even if completely and opaquely covered.
SEXUALLY ORIENTED BUSINESS. A business which offers its customers or patrons any device, activity or demonstration depicting specified sexual activities, or which is intended to appeal to sexual interests, titillation or arousal of the customer or patron. A SEXUALLY ORIENTED BUSINESS shall include an adult establishment as defined in G.S. § 14-202.10(2) and, in addition, without limitation: adult arcade, adult bookstore, adult video store, adult cabaret, adult media center, adult live entertainment business, adult motel, adult motion picture theater, adult mini motion picture theater, adult theater, adult escort agency and nude model studio.
SEXUALLY ORIENTED BUSINESS ACTIVITIES. Those activities usually provided for, promoted or offered by a sexually oriented business as defined herein, whether or not as the principal business purpose or as a sideline or accessory business purpose and whether or not in connection with or on the same premises with a business which is not a sexually oriented business.
SEXUALLY ORIENTED DEVICES. Any artificial or simulated specified anatomical area or other device or paraphernalia that is designed principally for specified sexual activities, but shall not mean any contraceptive device.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered:
(a) Human genitals, pubic region;
(b) Buttock; or
(c) Female breast below a point immediately above the top of the areola.
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse or sodomy;
(3) Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts; or
(4) Penetration of any person’s anus or any female person’s vaginal opening with any object, whether animate or inanimate.
TOUCH or TOUCHING. Any form of intentional, physical, bodily contact, whether exposed or clothed parts of either body are involved.