For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. Any individual group of individuals, partners or primary stockholders or owners of any corporation or other limited liability association who applies for permit to become the operator of a sexually oriented business.
EMPLOYEE. A person who works or performs in and/or for a sexually oriented business, regardless of whether or not the person is paid a salary, wage or other compensation by the operator of the business.
NUDITY or STATE OF NUDITY.
(1) The appearance of human bare buttock, anus, genitalia or the areola or nipple of the female breast; or
(2) A state of dress which fails to opaquely and fully cover any of the above.
OPERATOR. The owner, permit holder, custodian, manager, operator or person in charge of any sexually oriented business.
PERMITTED OR LICENSED PREMISES. Any premises that has obtained a license and/or permit as a sexually oriented business.
RESIDENTIAL USE. A single-family, duplex, townhouse, multiple-family, mixed residential or mobile home subdivision, as defined in the town zoning and subdivision ordinances, or a campground or other commercial housing use.
SEXUALLY ORIENTED BUSINESSES. Those businesses engaging in or offering to the public the following services or products.
(1) ADULT ARCADE. Projectors or other image producing machines offering films, motion pictures, video cassettes or other photographic reproductions, for a consideration and for viewing by five or fewer persons each, of material characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”.
(2) ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE. A commercial establishment which has as a significant or substantial portion of its stock-in-trade, or which derives a significant or substantial portion of its revenue from the sale or rental for any form of consideration any one or more of the following:
(a) Books, magazines or other printed matter, or photographs, films, video cassettes or other visual representations which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”; and/or
(b) Instruments, devices or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse. Another principal business purpose will not exempt an establishment from coming within this definition so long as one of its principal business purposes is offering for sale or rental, for some consideration, any of the materials specified herein.
(3) ADULT THEATER. A commercial establishment where:
(a) Entertainment is offered featuring persons in a nude state or performers who in any manner expose “specified anatomical areas”; or
(b) Films, motion pictures, video cassettes or similar photographic reproductions are shown which are characterized by “specified sexual activities” for any form of consideration.
(4) ESCORT BUSINESS. The furnishing, offering to furnish or holding oneself out as a companion, guide or date where a consideration or gratuity of any type is paid to the escort and to the arranging agency, if one is involved. An agency or person who agrees or offers to privately model lingerie or to privately perform a striptease for another person for any consideration shall be included within this definition.
(5) MASSAGE PARLOR. Any place where, for any form of consideration, there occurs a massage, alcohol rub, administration of oils or balms, electric or magnetic treatments, or any other treatment manipulation of the human body which includes any “specified sexual activities”, or which includes exposure of the operator’s “specified anatomical areas”. This definition shall not include the practice of massage by any certified operator licensed by the state where the “specified sexual activity” or exposure is not offered or does not take place.
(6) NUDE MODEL STUDIO. Any place where a person engages in the business of regularly appearing in a state of nudity or displaying “specified anatomical areas” for any form of consideration to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons.
(7) SEXUAL ENCOUNTER ESTABLISHMENT. A business or commercial establishment that offers, as one of its primary business purposes and for a consideration, a place where two or more persons may congregate, associate or consort for the purpose of “specified sexual activities”.
SPECIFIED ANATOMICAL AREAS. Any of the following:
(1) 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; and/or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Any of the following:
(1) The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2) Sex acts, normal or abnormal, 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/or
(5) Excretory functions as part of or in connection with any of the activities set forth in divisions (1) through (4) hereof.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS. Any of the following:
(1) The sale, lease or sublease of the business;
(2) The transfer of securities which constitute a controlling interest in the business, whether by sale exchange or similar means; or
(3) The establishment of a trust, gift or other similar legal devise which transfers ownership, control or the primary beneficial interest in a business.
(1974 Code, § 18-3-8-2) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)