For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT CABARET. A nightclub, bar, restaurant, or similar commercial establishment that, as a substantial or significant portion of its business, regularly features:
(1) Persons who appear in areas of the establishment open to patrons in a state of nudity, or state of semi-nudity so as to expose to view specified anatomical areas; or
(2) Any live entertainment, exhibition, performance, or dance by persons whose entertainment, exhibition, performance, or dance is characterized by an emphasis on the depiction or description of specified anatomical areas or specified sexual activities.
ADULT MEDIA. Magazines, books, photographic reproductions, videotapes, movies, slides, compact discs in any format (e.g., CD-ROM, CD-r, CD-rw), digital video discs in any format (e.g., DVD), other devices used to reproduce or record computer images, or other print, video, film, electronic, computer-based, analog, or digital media characterized by an emphasis on matter depicting, describing, or related to specified sexual activities or specified anatomical areas.
ADULT MEDIA STORE. An establishment that rents and/or sells adult media and that meets any of the following tests:
(1) More than 15% of the gross public floor area is devoted to adult media; or more than 15% of the stock in trade consists of adult media; or
(2) Media store which advertises or holds itself out in any forum as a sexually oriented business by use of such terms as “X-rated,” “XXX,” “adult,” “sex,” “nude,” or otherwise advertises or holds itself out as a sexually oriented business.
ADULT MOTION PICTURE THEATER. A commercial establishment occupying a building, or portion of a building (including any portion of a building which contains more than 150 square feet), where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions, or other projected images are regularly shown; if such establishment as a prevailing practice excludes minors by virtue of age, regardless of whether the minor is accompanied by a parent or guardian; or if, as a prevailing practice, the films, motion pictures, video cassettes, slides, or similar photographic reproductions, or other projected images presented are characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT NOVELTY STORE.
(1) A business offering goods for sale or rent and that meets any of the following tests:
(a) More than 5% of the stock in trade of the business consists of sexually oriented novelties or toys and more than 5% of the gross public floor area of the business is devoted to the display of sexually oriented novelties or toys;
(b) It offers for sale items from any two of the following categories: adult media; sexually oriented novelties or toys, apparel, or other items marketed or presented in a context to suggest their use for sadomasochistic practices; and the combination of such items constitutes more than 10% of the stock in trade of the business and occupies more than 10% of the gross public floor area of the business; or
(c) Which advertises or holds itself out in any forum as a sexually oriented business by use of such terms as “sex toys, “marital aids,” “X-rated,” “XXX,” “adult,” “sex,” “nude,” or otherwise advertises or holds itself out as a sexually oriented business.
(2) ADULT NOVELTY STORE shall not include any establishment which, as a substantial portion of its business, offers for sale, or rental to, persons employed in the medical, legal, or education professions anatomical models, including representations of human genital organs or female breasts, or other models, displays, and exhibits produced and marketed primarily for use in the practice of medicine or law, or for use by an educational institution.
ADULT THEATER. A theater, concert hall, auditorium, or similar commercial establishment that as a substantial or significant portion of its business regularly features persons who appear in a state of nudity or semi-nudity; live performances which are characterized by an emphasis on the depiction or description of specified anatomical areas, or specified sexual activities; or live entertainment of an erotic nature that is characterized by an emphasis on the depiction or description of specified anatomical areas, or specified sexual activities.
EMPLOYEE.
(1) A person who performs any service or work on the premises of a sexually oriented business, including, but not limited to: providing entertainment; performing work of a management or supervisory nature; or performing support functions, 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 said person is paid a salary, wage, or other compensation by the operator of said business.
(2) The term EMPLOYEE does not include a person on the premises exclusively for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
EMPLOYEE STATION. An area on the premises of a sexually oriented business designated for occupancy exclusively by one or more employees whose duties include assuring compliance with the provisions of this chapter.
NUDE or STATE OF NUDITY. Exposing to view the genitals, pubic area, vulva, perineum, anus, anal cleft or cleavage, or pubic hair with less than a fully opaque covering; exposing to view any portion of the areola of the female breast with less than a fully opaque covering; exposing to view male genitals in a discernibly turgid state, even if entirely covered by an opaque covering; or exposing to view any device, costume, or covering that gives the appearance of or simulates any of these anatomical areas.
SEMI-NUDITY or SEMINUDE CONDITION or SEMI-NUDE. Exposing to view, with less than a fully opaque covering, any portion of the female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided that the areola is not exposed in whole or in part.
SEXUAL DEVICE. Any three-dimensional object designed and marketed for stimulation of the male or female human genital organ or anus, or for sadomasochistic use or abuse of oneself or others, and shall include devices such as dildos, vibrators, and penis pumps, and shall also include other devices with non-sex related utility, such as leather whips, straps, and ligatures, when such devices are marketed in a context suggesting sexual or sadomasochistic purposes. Nothing in this definition shall be construed to include devices primarily intended for protection against sexually transmitted diseases or for preventing pregnancy.
SEXUALLY ORIENTED BUSINESS. An adult arcade, adult media store, adult novelty store, adult cabaret, adult motion picture theater, adult theater, nude model studio, or sexual encounter center.
SEXUALLY ORIENTED NOVELTIES OR TOYS. Instruments, devices, or paraphernalia, either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs or for use in connection with specified sexual activities.
SEXUAL ENCOUNTER PLACE. A commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
(1) For purposes of sexual stimulation or gratification, physical contact, in any form, between persons of the opposite sex; or
(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is semi-nude.
SPECIFIED ANATOMICAL AREAS. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts 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.
SPECIFIED CRIMINAL ACTIVITY.
(1) Any of the following offenses:
(a) Prostitution, or promoting prostitution;
(b) Soliciting;
(c) Loitering to engage in solicitation;
(d) Sexual performance by a child;
(e) Public lewdness;
(f) Indecent exposure;
(g) Indecency with a child;
(h) Sexual assault;
(i) Molestation of a child;
(j) Or any similar offenses to those described above under the criminal or penal code of any local jurisdiction, state, or country, for which:
1. Less than two years have elapsed since the date of the 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; or
2. Less than five years have elapsed since the date of the conviction or date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense.
(2) The fact that a conviction is being appealed shall not prevent such conviction from constituting a specified criminal activity as defined in this section.
SPECIFIED SEXUAL ACTIVITIES. 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; or
(3) Excretory functions as part of, or in connection with, any of the activities set forth in divisions (1) and (2) above.
(Ord. 2007-XI, passed 6-19-2007)