(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates of requires a different meaning.
ADULT. A person 21 years of age or older.
DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON. The dominant or essential theme of the object described by such phrase.
EMPLOYEE. Every owner, operator, partner, supervisor, performer, entertainer, dancer, waitress, bartender, bouncer, manager, food service worker, cashier, custodial or maintenance person, or other worker, whether paid or not, who renders services of any nature in the conduct of a sexually- oriented business. It shall be a rebuttable presumption that every person who renders services of any nature in the conduct of a sexually-oriented business is an EMPLOYEE of the sexually-oriented business.
ENTERTAINER. Any person, performer or dancer, whether an employee or independent contractor, or any other person who, with or without any compensation or other form of consideration, performs live entertainment for any patrons of a sexually-oriented business.
NUDITY or STATE OF NUDITY. The display of the human male or female genitals, pubic area or buttocks with less than a fully opaque coverage; the display of any portion of the female breast below the top of the areola with less than a fully opaque covering; the exposure of any device, costume or covering which gives the appearance of or simulates human male or female genitals, pubic area, buttocks or female nipple and areola.
PERSON. Any individual, firm, association, partnership, copartnership, corporation, limited liability corporation, joint stock company, joint venture or combination of the above in whatever form or character.
SEXUALLY-ORIENTED BUSINESS. Any business or establishment that regularly features live or recorded performances that are distinguished or characterized by an emphasis upon the depiction or exposure of specified anatomical areas and/or specified sexual activities. SEXUAL-ORIENTED BUSINESS shall include, but not be limited to, the following business activities and activities similar thereto: adult or nude encounter studios; adult or nude dance studios; adult or nude exhibitions; peep shows; adult or nude wrestling centers; adult or nude art or photograph studios or exotic lingerie shows. Businesses engaged in the sale or rental of X-rated videos, DVDs, CDs, magazines, posters, devices, clothing and the like shall be considered as a SEXUALLY-ORIENTED BUSINESS when such materials, sales or rentals constitute in excess of 33% of the businesses’ total revenue or in stock inventory.
SEXUALLY-ORIENTED BUSINESS OPERATOR. Any person in an ownership or employee capacity who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of, the premises of a sexually-oriented business or the conduct or activities occurring on the premises thereof.
SEXUALLY-ORIENTED BUSINESS OWNER. Any person or persons who hold a financial or other business interest, in whole or in part, either singly or jointly, in a sexually-oriented business. Indicia of ownership may be established by evidence including, but not limited to, business license, information, fictitious business name registration, utility billing information, corporate filings, or by other competent evidence.
SPECIFIED ANATOMICAL AREAS. Human male and female genitals, pubic region or buttocks and the nipple or areola of the female breast.
SPECIFIED SEXUAL ACTIVITIES. Any of the following, whether performed directly or indirectly through clothing or other covering:
(a) Human genitals in a state of sexual stimulation or arousal;
(b) Sexual acts, acted or simulated, including sexual intercourse, oral copulation or sodomy;
(c) Fondling or other erotic touching of the human genitals, pubic region, buttocks or female breast;
(d) Masturbation, actual or simulated;
(e) Excretory functions as part of or in connection with any of the other activity described herein; and/or
(f) Masochism, erotic or sexually- oriented torture, beating or the infliction of pain in the context of sexual arousal.
(B) The foregoing definitions are generic. The uses and businesses governed by division (A) above include any other use or business, regardless of how named or advertised, that is of a character like or similar to the uses and businesses set forth in division (A) above.
(Ord. C-439, passed 10-3-2006)