ADULT ARCADE (also known as PEEP SHOW). 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 persons in booths or viewing rooms where the images so displayed depict or describe “specified sexual activities” or “specified anatomical areas.”
ADULT BOOKSTORE or ADULT VIDEO STORE. A commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations that depict or describe “specified sexual activities” or “specified anatomical areas”; or
(2) Instruments, devices, or paraphernalia that are designed for use in connection with “specified sexual activities.”
ADULT CABARET. A nightclub, bar, restaurant, or other commercial establishment that regularly features, exhibits, or displays as one of its principal business purposes:
(1) Person who appear nude or semi- nude; or
(2) Live performances 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 depict or describe “specified sexual activities” or “specified anatomical areas.”
ADULT MOTEL. A hotel, motel or similar commercial establishment that:
(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 that depict or describe “specified sexual activities” or “specified anatomical areas” as one of its principal business purposes;
(2) Offers a sleeping room for rent for a period of time that is less than ten hours; or
(3) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of 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 as one of its principal business purposes that depict or describe “specified sexual activities” or “specified anatomical areas.”
ADULT THEATER. A theater, concert hall, auditorium, or similar commercial establishment which regularly features, exhibits or displays, as one of its principal business purposes, persons who appear in a state of nudity or semi-nude, or live performances that expose or depict “specified anatomical areas” or “specified sexual activities.”
APPLICANT. The person who will operate the sexually oriented business, and shall include each of the following persons associated with that business:
(1) The owner of a sole proprietorship;
(2) Each member of a firm, association or general partnership;
(3) Each general partner in a limited partnership;
(4) Each officer, director and owner of more than 10% of the stock of a corporation;
(5) The manager of an establishment operated by a corporation; and
(6) Any manager who has been empowered as attorney-in-fact for a nonresident individual or partnership.
EMPLOY, EMPLOYEE and EMPLOYMENT. Describe and pertain to 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. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
ESCORT. A person who, for tips or any other form of consideration, agrees or offers to act as a date for another person, or who agrees to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCY. A person or business that furnishes, offers to furnish, or advertises to furnish escorts as one of its principal 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 any 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; or
(4) The relocation of any sexually oriented business.
LICENSEE. Person(s) in whose name a license to operate a sexually oriented business has been issued.
NUDE MODEL STUDIO. Any place where a person who appears semi-nude, in a state of nudity, or who 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. NUDE MODEL STUDIO shall not include a proprietary school 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 in a structure:
(1) That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-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 or semi-nude is on the premises at any one time.
OPERATES or CAUSES TO BE OPERATED. To cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or licensee of the business.
NUDITY or a STATE OF NUDITY.
(1) The appearance of a human anus, male genitals, or female genitals; or
(2) A state of dress which fails to opaquely cover a human anus, male genitals or female genitals.
PERSON. An individual, proprietorship, partnership, corporation, association or other legal entity.
SEMI-NUDE. A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, 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 physical contact in form of wrestling or tumbling between persons of the opposite sex, or 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-nudity.
SEXUALLY ORIENTED BUSINESS. An adult arcade, adult bookstore or 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 foregoing.
SPECIFIED ANATOMICAL AREAS. Human genitals in a state of sexual arousal.
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, or sodomy;
(3) Masturbation, actual or simulated; or
(4) Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) above.
TRANSFER OF OWNERSHIP OR CONTROL. For a sexually oriented business means and includes any of the following:
(1) The sale, lease or sublease of the business.
(2) Persons other than those named as applicants for a license becoming associated with the business, as provided in the definition of “applicant”; except that a mere substitution of a person as manager of an establishment shall only require filing with the town planner as provided for in § 156.07.
(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.
(Ord. passed 4-4-05)