(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ARCADE. An establishment where, for any form of consideration, one or more motion picture projectors, slide projectors, or similar machines for viewing by five or fewer persons each are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by an emphasis upon the depiction or description of specified anatomical areas as defined in this section.
ADULT BOOKSTORE. An establishment that has as a substantial portion (over 25% of total retail space) of its stock-in-trade and offers for rent or sale, for any consideration, any one or more of the following: ten books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual
activities or specified anatomical areas or instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.
ADULT BUSINESS. Any business activity, club, or other establishment which permits its employees, members, patrons or guest on its premises to exhibit any specified anatomical areas before any other person or persons.
ADULT MOTION PICTURE THEATER. An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown, and in which a substantial portion (25%) of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
ADULT THEATER. A theater, concert hall, auditorium, or similar establishment characterized by activities featuring the exposure of specified anatomical areas or by specified sexual activities.
MASSAGE. Any manipulation of body muscle or tissue by rubbing, stroking, kneading, or tapping, by hand or mechanical device.
MASSAGE BUSINESS. Any establishment or business wherein massage is practiced, including establishments commonly known as health clubs, physical culture studios, massage studios, or massage parlors.
SEXUALLY-ORIENTED BUSINESS. Any business activity, club or other establishment, within which the exhibition, showing, rental, or sale of materials distinguished or characterized by an emphasis on material depicting, describing, or exhibiting specified anatomical areas or relating to specified sexual activities is permitted. SEXUALLY- ORIENTED BUSINESS shall include, but not limited to, adult arcades, adult bookstores, adult motion picture theaters, adult theaters, and massage parlors, as defined by this section.
SPECIFIED ANATOMICAL AREAS. Less than completely and opaquely covered human genitals, pubic regions, buttocks, and female breasts below a point immediately above the top of the areola.
SPECIFIED SEXUAL ACTIVITIES. Human genitals in a state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse, sodomy, or fondling or other erotic touchings of human genitals, pubic regions, buttocks, or female breasts.
TOTAL RETAIL SPACE. Any space within the structure that is used for the direct sale of merchandise to the public and storage areas for those items.
(B) Interpretation of terms and definitions.
(1) Words used in the present tense include the future tense.
(2) Words used in the singular number include the plural and words used in the plural number include the singular.
(3) The word
PERSON includes an owner, firm, joint venture, association, organization, partnership, corporation, trust, and company as well as an individual.
(4) The word
OWNER when applied to a building or land, shall include any part owner, joint owner, tenant in common, joint tenant or tenant by entirety of the whole or part of such building or land.
(5) The word
LOT includes the words PLOT or PARCEL.
(6) The word
BUILDING includes the word STRUCTURE.
(7) The word
SHALL is always mandatory and not merely directory.
(8) The words
LOCATED, USED, or OCCUPIED as applied to any land or building shall be construed to include the words intended, arranged, or designed to be located, used or occupied.
(9) The word
DWELLING shall mean a structure or portion thereof which is used exclusively for human habitation.
(Ord. passed 2-7-94)