As used in this chapter, the following words and phrases shall have the meanings set forth in this section, unless it is apparent from the context that a different meaning is intended:
A. "Adult arcade" means any place to which the public is permitted or invited and where coin- or slug-operated or electronically, electrically, or mechanically controlled amusement devices, still or motion picture machines, projectors, or other image-producing devices are maintained to show images on a regular or substantial basis, where such images are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas."
B. "Adult bookstore" means any establishment having as a regular and substantial portion of its stock in trade, material which is distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas."
C. "Adult business" means any business that, as a regular and substantial course of conduct, offers its patrons services, entertainment, material or merchandise which is distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas." An adult business means, but is not limited to, a business that operates as an adult bookstore, adult cabaret, adult theater, topless dancing establishment, escort service, stripper services, adult model studio, adult motel or hotel, or sexual encounter center.
D. "Adult cabaret" means a nightclub, bar, or other establishment which features live performances by topless, bottomless, or totally nude dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, and where such performances are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas."
E. "Adult dance studio" means any establishment or business which provides for members of the public a partner for dance where the partner, or the dance, is distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas."
F. "Adult hotel/motel" means a hotel or motel which provides, on a regular and substantial basis, through closed-circuit television or other media, material which is distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas," or which rents, leases or lets any room for less than a six-hour period.
G. "Adult theater" means a commercial establishment, with or without a stage or proscenium, which presents, on a regular and substantial basis, live entertainment, motion pictures, or other visual representations which are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas."
H. "Adult-oriented merchandise" means sexually oriented implements or paraphernalia which are designed or marketed primarily for the stimulation of human genitals or sadomasochistic-masochistic activity, including, but not limited to, dildos, auto sucks, sexually oriented vibrators, benwa balls, inflatable orifices, anatomical balloons with orifices, and simulated and battery-operated vaginas.
I. "Day care facility" means any establishment which is licensed to provide care for minor children, including before-school care, after-school care, or care for preschool-aged children.
J. "Material" for purposes of this chapter means books, magazines, photographs, prints, drawings, paintings, motion pictures, pamphlets, or any other medium which contains descriptions or depictions.
K. "Permit holder" or "applicant" means a sole proprietor of an adult business, all general and limited partners of a partnership that owns or operates an adult business, or any person who holds a ten percent or greater interest in a corporation that owns or operates an adult business.
L. "Regular and substantial basis" means the fact that a business satisfies one or more of the following conditions:
1. More than twenty-five percent of the total display area of the business is dedicated to the display of adult-oriented merchandise or material which is distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas";
2. The business provides any type of live entertainment which is distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas";
3. At least fifty percent of the gross receipts of the business derive from services, entertainment, material or merchandise which is distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas."
M. "Residential zone" or "area zoned for residential use" shall mean any property within the City which carries a zoning designation of R-l, PRD, R-2, R-2P, R-G, R-3R, R-3P, R-3, R-4, R-5, R-MH. However, this does not include zones where a residence, church, school, park, playground special needs housing facility, day care facility, or mobile home park is permitted only pursuant to a conditional use permit or other special permit.
N. "Special needs housing facility" means a group home for disabled persons, retirement or convalescent home, foster care or group home for minors, or hospice.
O. "Specified anatomical areas" means the following:
1. Less than completely and opaquely covered human genitals, vaginal area, pubic region, anal region, or female breast below the point immediately above the top of the areola; or
2. Human male genitals in a discernable turgid state, even if such is completely and opaquely covered.
P. "Specified sexual activities" means the following:
1. Human genitals in a state of sexual stimulation or arousal; or
2. Acts of human masturbation or sexual stimulation which involve physical touching;
3. Acts of sodomy, oral copulation, or coitus;
4. Masochism, erotic or sexually oriented torture, or sexually oriented beating;
5. The sexually-oriented use of human or animal ejaculation, excretion, urination, menstruation, vaginal or anal irrigation; or
6. Fondling or other erotic touching of any "specified anatomical area."
Q. "Viewing area" means any area in which a person views performances, pictures, movies, videos, or other presentations. (Ord. § 5 (part), 1996).