For purposes of this chapter the following words shall have the meanings set forth below, unless a different meaning is clearly indicated by the context:
ADULT ARCADE: Any place to which the public is permitted or invited wherein coin operated or token operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five (5) 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 BOOKSTORE OR ADULT VIDEO STORE: A commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any of the following:
A. Books, magazines, periodicals or other printed matter, or photographs, films, motion picture, videocassettes, compact discs, slides or video reproductions, or other visual representations that depict or describe "specified sexual activities" or "specified anatomical areas"; or
B. Instruments, devices, or paraphernalia that are designed for use in connection with "specified sexual activities".
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 categorized as "adult bookstore" or "adult video store". Such other business purposes will not serve to exempt such commercial establishments from being categorized as an "adult bookstore" 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 that depict or describe "specified sexual activities" or "specified anatomical areas". A principal business purpose need not be a primary use of an establishment so long as it is a significant use based upon the visible inventory or commercial activity of the establishment.
ADULT CABARET: A nightclub, bar, juice bar, restaurant, bottle club, or other commercial establishment, whether or not alcoholic beverages are served, which regularly features:
A. Persons who appear in a nude and/or seminude state; or
B. Persons who engage in erotic dancing, erotic pole dancing or performances that are intended for the sexual interests or titillation of an audience or customers.
ADULT MOTEL: A hotel, motel or similar commercial establishment which:
A. Offers accommodation to the public for any form of consideration and provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions, or live performances which are characterized by the display or simulated display, depiction or description of "specified sexual activities" or "specified anatomical areas"; and which advertises the availability of such material by means of a sign visible from a public right of way, or by means of any on or off premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or
B. Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
C. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.
ADULT MOTION PICTURE THEATER: A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
ADULT ORIENTED BUSINESS: An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude and seminude model studio, sexual device shop, or sexual encounter center.
ADULT THEATER: A theater, concert hall, auditorium or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of seminudity or live performances which are characterized by their emphasis upon the exposure of specified anatomical areas or specified sexual activities.
CHARACTERIZED BY: Describing the essential character of quality of an item. As applied in this chapter, no business shall be classified as an adult oriented business solely by virtue of showing, selling or renting materials rated "NC-17" or "R" by the Motion Picture Association Of America.
CITY: Garland City, Utah.
DIRECTOR: Any city official, legal counselor, commission or council, including the city council so designated or appointed by the Garland City council. The director shall be in office for a minimum of three (3) years or until another director is designated or appointed by the city council. If no director is appointed the city council assumes this responsibility.
EMPLOY, EMPLOYEE AND EMPLOYMENT: A person who performs any service on the premises of an adult oriented business on a full time, part time, contract basis, or independent basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise, and whether or not the 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 to the premises, nor does "employee" include a person exclusively on the premises as a patron or customer.
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.
ESTABLISH OR ESTABLISHMENT: Means and includes any of the following:
A. The opening or commencement of any adult oriented business as a new business;
B. The conversion of an existing business, whether or not an adult oriented business, to any adult oriented business;
C. The additions of any adult oriented business to any other existing adult oriented business;
D. The relocation of any adult oriented business; or
E. An adult oriented business or premises on which the adult oriented business is located.
LICENSEE: A person in whose name a license has been issued, as well as the individual or individuals listed as an applicant on the application for a sexual oriented business license. In the case of an employee, "licensee" means the person in whose name an adult oriented business employee license has been issued.
NUDE MODEL STUDIO: Any place where a person who appears in a state of nudity or seminudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons for consideration.
NUDITY OR A STATE OF NUDITY: The showing, simulated showing or appearance of a human bare buttock, anus, anal cleft or cleavage, pubic area, male genitals, female genitals, or vulva, with less than a fully opaque covering; or a female breast with less than a fully opaque covering of any part of the nipple; or human male genitals in a discernibly turgid state even if completely and opaquely covered.
PERSON: An individual, proprietorship, partnership, corporation, association, or other legal entity.
PREMISES: The real property upon which the adult oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the adult oriented business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the licensee, as described in the application for a business license.
SEMINUDE OR SEMINUDITY: For a female, a state of dress in which opaque clothing covers no more, or little more, than the nipple and areola of the female breast, the genitals, pubic region and anus. For a male, a state of dress in which opaque clothing covers no more, or little more, than the genitals, pubic region and anus.
SEXUAL DEVICE: Any three-dimensional object designed or marketed for stimulation of the male or female human genital organ or anus or for sadomasochistic use or abuse of oneself or others. Nothing in this definition shall be construed to include any device primarily intended for protection against sexually transmitted diseases or for preventing pregnancy.
SEXUAL ENCOUNTER CENTER: A business or commercial enterprise that, as one of its principal business purposes, purports to offer any form of consideration, physical activities or contact in the form of wrestling or tumbling 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 seminudity.
SPECIFIED ANATOMICAL AREAS: A. The human male genitals in a discernibly turgid state, even if fully and opaquely covered;
B. 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 CRIMINAL ACTIVITY: Any of the following offenses:
A. Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution, or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; sexual assault; molestation of a child; or any similar sex related offenses to those described above under the criminal or penal code of this state, other states, or other countries, for which:
1. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
2. Less than ten (10) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a felony offense;
3. Less than ten (10) years have elapsed since the date of the last conviction or the date of release from confinement imposed for the last conviction, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty four (24) month period;
4. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.
SPECIFIED SEXUAL ACTIVITIES: Means and includes any of the following:
A. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts, whether covered or uncovered;
B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
C. Masturbation, actual or simulated; or
D. Excretory functions as part of or in connection with any of the activities set forth in subsections A through C of this definition.
TRANSFER OF OWNERSHIP OR CONTROL OF AN ADULT ORIENTED BUSINESS: Means and includes any of the following:
A. The sale, lease, or sublease of the business;
B. The transfer of securities that form a controlling or influential interest in the business, whether by sale, exchange, or similar means; or
C. The establishment of a trust, gift, or other similar legal devise that 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. 12-02, 2-28-2012)