For the purpose of this chapter, the following definitions shall apply unless the context indicates or requires a different meaning.
ADULT ARCADE. Any place to which the public is permitted or invited wherein coin-operated, slug-operated or for any form of consideration, electronically, electrically or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one 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 BOOK STORE, ADULT NOVELTY STORE or ADULT VIDEO STORE.
(1) A commercial establishment which regularly excludes all minors from the premises, or a section thereof, because of the sexually explicit nature of the items sold, rented or displayed therein, or which, as one of its principal 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 pictures, video cassettes or video reproductions, slides or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
(b) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities, excluding condoms and other birth control, pharmaceutical and disease prevention products.
(2) 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 an adult book store, adult novelty store or adult video store. The other business purposes will not serve to exempt any commercial establishments from being categorized as an adult book store, adult novelty store 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 which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. Notwithstanding the foregoing, no video rental store shall be deemed to be an adult video store if the offering for sale or rental for consideration of the specified materials which are characterized by the depiction or description of specified sexual activities or specified anatomical areas is not a principle business purpose or is tangential to the principle business purposes of the commercial establishment. For these purposes, to constitute a principle business purpose, a commercial video store must either regularly exclude all minors from the premises or a section thereof because of the sexually explicit nature of the items sold, rented or displayed therein, or have at least 30% of its inventory characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT CABARET. A nightclub, bar, restaurant or similar commercial establishment or any other commercial establishment which regularly features the following:
(1) Persons who appear in a state of nudity or semi-nudity;
(2) Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; and
(3) Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTEL. A hotel, motel or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration, provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which 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 which advertises the availability of this type of photographic reproductions;
(2) Offers a sleeping room for rent for a period of time that is less than ten hours; and
(3) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.
ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, computer simulations, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown or displayed which are 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 regularly features persons who appear in a state of nudity or semi-nudity, or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
EMPLOYEE. A person who works or 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.
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. Includes any of the following:
(1) The opening or commencement of any sexually oriented business as a new business;
(2) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(3) The addition of any sexually oriented business to any other existing sexually oriented business; and
(4) The relocation of any sexually oriented business.
LICENSEE. A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual or individuals listed as an applicant on the application for a license.
NUDE MODEL STUDIO. Any place where a person who appears in a state of nudity or who displays specified anatomical areas and is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration. NUDE MODEL STUDIO shall not include a proprietary school licensed by the state or a college, junior college or university supported entirely or in part by public taxation, a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation or a modeling class, or the facility for such a class, operated in a structure:
(1) That has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;
(2) Where in order to participate in a class a student must enroll at least three days in advance of the class; and
(3) Where no more than one nude model is on the premises at any one time.
NUDITY or STATE OF NUDITY. Shall include the following:
(1) The appearance of the human male or female genitals, anus, cleft of the buttocks or areola of the female breast; and
(2) A state of dress which fails to opaquely cover the cleft of the buttocks, anus, male genitals, female genitals or areola of the female breast.
PERSON. An individual, proprietorship, partnership, corporation, association or other legal entity.
SEMI-NUDE or in a SEMI-NUDE CONDITION. A state of dress in which opaque clothing covers no more than the genitals, pubic region and areola of the female breasts, as well as portions of the body covered by supporting straps or devices.
SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration the following:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; and
(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or is semi-nude.
SEXUALLY ORIENTATED BUSINESS. An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, sexual encounter center or any combination of the businesses.
SPECIFIED ANATOMICAL AREAS. Shall include the following:
(1) The human genitals in a state of sexual arousal;
(2) Less than completely and opaquely covered human genitals, the cleft of the buttocks, anus or the areola of the female breast; and
(3) The appearance of the cleft of the buttocks, anus, male or female genitals or areola of the female breast.
SPECIFIED CRIMINAL ACTIVITY. Includes any of the following offenses:
(1) Prostitution or promotion of prostitution, procuring or placing persons in a house of prostitution, operating or maintaining a house of prostitution, pandering, child prostitution, dissemination of obscenity, sale, furnishing 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 exploitation of a minor, public sexual indecency with a minor, sexual conduct with a minor, engaging in organized criminal activity, sexual assault, molestation of a child, gambling, distribution of a controlled substance, criminal attempt, conspiracy, facilitation or solicitation to commit any of the foregoing offenses, any similar offenses to those described above under the criminal or penal code of other states or countries.
(2) Offenses for which:
(a) Less than two 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; and
(b) Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.
(3) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.
SPECIFIED SEXUAL ACTIVITIES. Includes any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy; and
(3) Excretory functions as part of or in connection with any of the activities set forth in divisions (1) and (2) above.
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS. The increase in floor areas occupied by the business by more than 25%, as the floor areas exist on the date this chapter takes effect.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS. Includes any of the following:
(1) The sale, lease or sublease of the business;
(2) The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange or similar means; and
(3) The establishment of a trust, gift or other similar legal device which 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.
VIEWING ROOM. The room, booth or area where a patron of a sexually oriented business would ordinarily be positioned while watching a film, video cassette or other video reproduction.
(Prior Code, Ch. 9, Art. VIII, § 9-701) (Ord. 351-04, passed 9-7-2004)