As used in this Article, the following words, phrases and terms shall have the following meaning, unless the context clearly indicates that a different meaning is intended:
ADULT BOOKSTORE. An establishment having as a substantial amount of its stock in trade or its dollar volume in trade, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records or other forms of visual or audio representations which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT CABARET. A nightclub, bar, theater, restaurant or similar establishment which features live performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas or which regularly feature films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.
ADULT DRIVE-IN THEATER. A lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions, and other forms of visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats in which a substantial amount of the total presentation time is devoted to the showing of materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.
ADULT ENTERTAINMENT BUSINESS. An adult bookstore, adult motion picture theater, adult mini motion picture theater, adult motion picture arcade, adult cabaret, adult drive-in theater, adult live entertainment arcade or other non-specified businesses which, as a substantial part of their business activities, sell or provide depictions of or provide activities which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas, or which, as a substantial part of their business activities, sell or provide products, items, or merchandise characterized by an emphasis on specified sexual activities, or are to be used for specified sexual activities, through local retail outlets, stores, and shops to the general public or to persons who have to be members to shop in the local retail store. However, this definition is not intended to include pharmacies, which are specifically exempt from this Division of Article 2. (Ord. 06-52, § 1, 11-20-06)
ADULT LIVE ENTERTAINMENT ARCADE. Any building or structure which contains or is used for commercial entertainment where the patrons directly or indirectly are charged a fee to view from an enclosed or screened area or booth, a series of live dance routines, strip performances or other gyrational choreography, which performances are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas.
ADULT MINI MOTION PICTURE THEATER. An enclosed building with a capacity of more than five (5) but less than fifty (50) persons, used for presenting films, motions pictures, video cassettes, slides or similar photographic reproductions in which a substantial part or portion of the total presentation time is devoted to the showing of materials which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT MOTION PICTURE ARCADE. Any place to which the public is permitted or invited, wherein coin- or slug-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 an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
ADULT MOTION PICTURE THEATER. An enclosed building with a capacity of fifty (50) or more persons used for presenting films, motion pictures, video cassettes, slides or similar photographic reproductions in which a substantial portion of the total presentation time is devoted to showing of materials which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
SPECIFIED ANATOMICAL AREAS shall mean any of the following:
(a) less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the aureolae; or
(b) human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES shall mean any of the following:
(a) human genitals in a state of sexual stimulation or arousal;
(b) acts of human masturbation, sexual intercourse or sodomy;
(c) fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts;
(d) flagellation or torture in the context of a sexual relationship;
(e) masochism, erotic or sexually oriented torture, beating or the infliction of pain;
(f) erotic touching, fondling or other such contact with an animal by a human being; or
(g) human excretion, urination, menstruation, vaginal or anal irrigation as part of or in connection with any of the activities set forth in "a" through "f" above.
SUBSTANTIAL AMOUNT or SUBSTANTIAL PORTION shall mean thirty percent (30%) or more of the inventory, receipts or projection or performance time is devoted to or derived from the activities regulated herein.