For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT AMUSEMENT 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 disk players, or other image producing devices are regularly 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, 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; or
(b) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
(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 characterized as
ADULT BOOK STORE, ADULT NOVELTY STORE or ADULT VIDEO STORE. Such other business purposes will not serve to exempt such 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.
ADULT CABARET. A night club, bar, restaurant or similar commercial establishment which regularly features:
(1) Persons who appear in a state of nudity or semi-nude; or
(2) Live performance which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(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 ENTERTAINMENT CENTER. Any use or building or portion thereof which contains or is used for commercial entertainment where the patron gives or takes any form of consideration to engage in personal contact with or to allow personal contact by employees, devices or equipment or by personnel provided by the establishment or to view a series of dance routines, strip performances or other choreography provided by the establishment which appeals to the prurient interest of the patron including, but not limited to, bath houses, massage parlors and related or similar activities
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 adult-type photographic repro- ductions; or
(2) Offers a sleeping room for rent for a period of time that is less then ten 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 ten hours.
ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the dominant depiction or description of specified sexual activities or specified anatomical areas.
ADULT STAGE SHOW THEATER. A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nude, or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
CITY or CITY OF FRANKLIN. The City of Franklin, Kentucky.
CITY CLERK. The City Clerk of the City of Franklin, Kentucky or his or her designee.
EMPLOYEE. Any 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 said person is paid a salary, wage or other compensation by the operator of said 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 on the premises.
ENTERTAINER. Any person who provides sexually oriented entertainment in a sexually oriented business, whether or not an employee of the business and whether or not a fee is charged or accepted for such entertainment.
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. Any sexually oriented business, whether existing or opening of such business; the conversion of an existing business, whether or not a sexually oriented business to any sexually oriented business; the additions of any sexually oriented businesses to any other sexually oriented business; or the relocation of any sexually oriented business.
LICENSED MASSAGE THERAPIST. Any person who has graduated from a 500 hour Massage Therapy School, accredited by a state licensure board or its equivalent and who possesses a valid state license from any state which regulates the same by means of a written examination; or may include a nurse, physician, occupational therapist, physical therapist, podiatrist or chiropractor.
MANAGER. Any person who manages, directs, administers or is in charge of, the affairs and/or the conduct of a sexually oriented business.
MASSAGE PARLOR. An establishment providing massages, for hire, by persons other than a licensed health care professional, including, but not limited to, those activities that rub, stroke, knead or tap the body with the hand or any other instrument, or both, for the purpose of or engaging in sexual gratification or as related to specified sexual activities. This definition also includes those activities listed within the definition of sexual encounter center. This does not include any licensed or sanctioned athletic activity that generally employs or uses the services of a physical trainer and/or those listed in the definition of “licensed massage therapist”.
NUDE, NUDITY or a STATE OF NUDITY. The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
PERSON. An individual, proprietorship, partnership, corporation, association or other legal entity.
REGULARLY. A consistent or substantial course of conduct, such that the sexually explicit films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the ongoing businesses of the sexually oriented business.
SEMI-NUDE or in a SEMI-NUDE CONDITION. The showing of the female breast below a horizontal line across the top of the areolae at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areolae is not exposed in whole or in part.
SEXUAL ACTIVITIES. Depiction of human genitals in a state of sexual stimulation, acts of human masturbation, sexual intercourse or sodomy, holding or erotic touching of human genitals, pubic region, buttocks or breasts.
SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration 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 semi-nude.
SEXUALLY ORIENTED BUSINESS. An adult amusement arcade, adult book store, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult stage theater, escort agency or sexual encounter center.
SPECIFIED ANATOMICAL AREAS. The following areas on a human body that are less than completely and opaquely covered:
(1) The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
(2) Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.
SPECIFIED SEXUAL ACTIVITIES. Any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy;
(3) Human genitals in a state of sexual stimulation, arousal or tumescence;
(4) Acts of human analigus, bestiality, buggery, cunnilingus, coprophagy, coprophilia, fellation, flagellation, masochism, necrophilia, pederasty, pedophilia, sadism, sadomasochism; or
(5) Excretory functions as part of or in connection with any of the activities set forth in divisions (1) through (5) above.
(Ord. 220.16-10-2004, passed 10-18-2004)