For the purpose of this chapter, the following words shall have the following meaning:
ADULT BOOKSTORE, ADULT VIDEO STORE OR ADULT NOVELTY STORE: Any commercial establishment that:
A. Excludes minors from more than ten percent (10%) of the retail floor or shelf space of the premises; or
B. As one of its principal purposes, offers for sale or rental for any form of consideration, any one or more of the following: books, magazines, periodicals, printed matter, photographs, films, motion pictures, videocassettes, video reproductions, DVDs, slides or any other visual representations, the central theme of which depicts or describes "specified sexual activities" or "specified sexual anatomical areas", or instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities".
ADULT BUSINESS: An adult theater, adult bookstore, adult video store or adult novelty store.
ADULT THEATER: A commercial establishment that:
A. Holds itself out as an adult theater;
B. Excludes minors from the showing of its exhibitions;
C. As its principal business, shows, for any form of consideration, films, motion pictures, videocassettes, DVDs, slides or any other similar photographic reproductions which are primarily characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or
D. As its principal business, features persons who appear in live performances in a state of seminudity or which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities".
EMPLOY: Hiring an individual to work for pecuniary or any other form of compensation, whether such person is on the payroll of the employer, as an independent contractor, as an agent or any form of employment relationship.
ESCORT: Any person who, for pecuniary compensation, dates, socializes, consorts with or accompanies or offers to date, consort, socialize, visit or accompany another or others to or about social affairs, entertainment or places of amusement or within any place of public or private resort or any business or commercial establishment or any private quarters. "Escort" shall not be construed to include persons who provide business or personal services, such as licensed private nurses, aides for the elderly or handicapped, social secretaries or similar service personnel whose relationship with their patron is by a bona fide contractual relationship having a duration of more than twelve (12) hours and who provide a service not principally characterized as dating or socializing. "Escort" shall also not be construed to include persons providing services such as singing telegrams, birthday greetings or similar activities characterized by appearances in a public place, contracted for by a party other than the person for whom the service is being performed and of a duration not longer than one hour.
ESCORT SERVICE: An individual or entity who for pecuniary compensation, furnishes or offers to furnish escorts, or provides or offers to introduce patrons to escorts.
NUDE OR NUDITY: A state of dress in which the areola of the female breast, or male or female genitals, pubic region or anus are covered by less than the covering required in the definition of "seminude" as defined herein.
OPERATOR: The manager or other natural person principally in charge of a sexually oriented business.
PATRON: Any person who contracts with or employs any escort service, escort or the customer of any business licensed pursuant to this chapter.
PECUNIARY COMPENSATION: Any commission, fee, salary, tip, gratuity, hire, profit, reward or any other form of consideration.
PERSON: Any individual, unincorporated association, corporation, partnership or other legal entity.
SEMINUDE: A state of dress in which opaque clothing covers no more than the areola of the female breast; and the male or female genitals, pubic region and anus shall be fully covered by an opaque covering no narrower than four inches (4") wide in the front and five inches (5") in the back.
SEMINUDE ENTERTAINMENT BUSINESS: Any business, including bars, clubs, gentlemen's clubs or strip clubs, where any individual, employee, agent or independent contractor performs or appears in the presence of patrons of the business in a state of seminudity at the request or with the consent of the business. A business shall be presumed to be a seminude entertainment business if the business holds itself out as such a business.
SEXUALLY ORIENTATED OUTCALL SERVICE: A business that provides services of a type performed by a seminude entertainment business outside of the premises of the licensed business. Sexually orientated outcall services include, but are not limited to, a business that provides nude or seminude dancers or entertainment for parties or other functions.
SEXUALLY ORIENTED BUSINESS: A seminude entertainment business, an adult business or an escort service.
SEXUALLY ORIENTED BUSINESS EMPLOYEES: Those employees who work for a sexually oriented business in activities related to the sexually oriented portion of the business. This includes all managing employees, dancers, escorts, models and other similar employees, whether or not hired as employees, agents or as independent contractors. "Employee" shall not include individuals whose work is unrelated to the sexually oriented portion of the business, such as janitors, bookkeepers and similar employees. Sexually oriented business employees shall not include cooks, serving persons and similar employees, except where they may be managers or supervisors of the business.
SPECIFIED ANATOMICAL AREAS: The human male or female pubic area or anus with less than a full opaque covering, or the human female breast below a point immediately above the top of the areola, with less than full opaque covering.
SPECIFIED SEXUAL ACTIVITIES: Acts of:
A. Masturbation.
B. Human sexual intercourse.
C. Sexual copulation between a person and a beast.
D. Fellatio.
E. Cunnilingus.
F. Bestiality.
G. Pederasty.
H. Buggery. (Ord. 2014-01, 3-11-2014)