For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BOOTH. Any area of an adult entertainment establishment set off from the remainder of such establishment by one or more walls or other dividers or partitions and used to show, play or otherwise demonstrate any adult materials or to view any live performance that is distinguished or characterized by an emphasis on the exposure, depiction or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
ADULT ENTERTAINMENT ESTABLISHMENT. Any of the following commercial establishments, as defined herein.
(1) ADULT CABARET. Any commercial establishment that as a substantial or significant portion of its business features or provides any of the following:
(a) Persons who appear semi-nude;
(b) Live performances that are distinguished or characterized by an emphasis on the exposure, depiction or description of specified anatomical areas or the conduct or simulation of specified sexual activities; and
(c) Films, motion pictures, video or audio cassettes, slides, computer displays or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
(2) ADULT STORE. Any commercial establishment:
(a) That contains one or more adult booths;
(b) That has a substantial or significant portion of its business offers for sale, rental or viewing any adult materials; or
(c) That has a segment or section devoted to the sale or display of adult materials.
(3) ADULT THEATER. Any commercial establishment that, as a substantial or significant portion of its business, features or provides:
(a) Films, motion pictures, video or audio cassettes, slides or other visual representations or recordings that are distinguished or characterized by an emphasis on the exposure, depiction or description of specified anatomical areas or the conduct or simulation of specified sexual activities; or
(b) Live performances that are distinguished or characterized by an emphasis on the exposure, depiction or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
ADULT ESTABLISHMENT EMPLOYEE. Any individual, including entertainers, who work in or at, or render any services directly related to the operation of, an adult entertainment establishment; provided, however, that, this definition shall not include persons delivering goods, materials (other than adult materials), food and beverages or performing maintenance or repairs to the licensed premises.
ADULT ESTABLISHMENT LICENSE. A license issued for an adult entertainment establishment pursuant to the provisions of this chapter.
ADULT ESTABLISHMENT PATRON. Any individual, other than an adult establishment employee, present in or at any adult entertainment establishment at any time when such adult entertainment establishment is open for business; provided, however, that, this definition shall not include persons delivering goods, materials (other than adult materials), food and beverages or performing maintenance or repairs to the licensed premises.
ADULT MATERIAL.
(a) Any of the following, whether new or used:
1. Books, magazines, periodicals or other printed matter, or digitally-stored materials; or
2. Films, motion pictures, video or audio cassettes, slides, computer displays or other visual representations or recordings of any kind, that are distinguished or characterized by an emphasis on the exposure, depiction or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
(b) Instruments, novelties, devices or paraphernalia that are designed for use in connection with specified sexual activities or that depict or describe specified anatomical areas.
COMMERCIAL ESTABLISHMENT. Any place where admission, services, performances or products are provided for or upon payment of any form of consideration.
DAYS. Calendar days, unless otherwise specifically set forth in daylight saving time.
LICENSED PREMISES. The place or location described in an adult establishment license where an adult entertainment establishment is authorized to operate. No sidewalks, streets, parking areas, public rights-of-way or grounds adjacent to any such place or location shall be included within the LICENSED PREMISES.
NUDE or STATE OF NUDITY. A state of dress or undress that exposes to view:
(1) Less than completely and opaquely covered human genitals; pubic region; anus; or female breast below a point immediately above the top of the areolae, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shut, leotard, bathing suit or other wearing apparel; provided, the areolae is not exposed; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.
REVIEWING DEPARTMENTS. Office of the County Sheriff, the County Health Department and the Frankfort/Franklin County Planning Commission.
SEMI-NUDE. A state of dress or undress in which clothing covers no more than the genitals, pubic region and areolae of the female breast, as well as portions of the body covered by supporting straps or devices or by other minor accessory apparel such as hats, gloves and socks.
SHERIFF. The Franklin County Sheriff or Sheriff’s Department.
SPECIFIED ANATOMICAL AREAS. Any of the following:
(1) Less than completely and opaquely covered human genitals; pubic region; buttocks; anus; or female breast below a point immediately above the top of the areolae, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel; provided, the areolae is not exposed; and
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.
SPECIFIED SEXUAL ACTIVITIES. Any of the following:
(1) 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 or sodomy;
(3) Masturbation, actual or simulated;
(4) Human genitals in a state of sexual stimulation, arousal or tumescence; and
(5) Excretory functions as part of or in connection with any of the activities set forth in divisions (1), (2), (3) or (4) above.
STRADDLE DANCE. The use by any person, including specifically, but without limitation, an adult establishment employee, of any part of his or her body to touch the genitals, pubic region, buttock, anus or female breast of any adult establishment patron or any other person, or the touching of the genitals, pubic region, buttock, anus or female breast of any person by any adult establishment patron. Conduct shall be a STRADDLE DANCE regardless of whether the “touch” or “touching” occurs while the person is displaying or exposing any specified anatomical area. Conduct shall also be a STRADDLE DANCE regardless of whether the “touch” or “touching” is directed through a medium. Conduct commonly referred to by the slang terms LAP DANCE, TABLE DANCE and FACE DANCE shall be included within this definition of STRADDLE DANCE.
(Ord. 10 (2006), passed 9-1-2006)