The following terms are used throughout this chapter and shall have the following meanings.
ADULT BOOKSTORE. An establishment having 20% or more on a weekly basis 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.
(1) A nightclub, bar, restaurant, permittee under I.C. 7.1, or similar commercial establishment that on a weekly basis includes as 20% or more on a weekly basis of its printed matter, performances, films, motion pictures, video cassettes, slides or other photographic reproductions:
(a) Persons who appear in a state of nudity or semi-nudity;
(b) Live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities;
(c) Films, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas;
(d) Persons who engage in erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customer;
(e) The sale or display of 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 characterized by an emphasis upon the specified sexual activities or specified anatomical areas;
(f) The presentation of films, motion pictures, video cassettes, slides, or similar 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 customers;
(g) The operation of coin or slug operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image producing devices to show images to 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; or
(h) Live performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers or similar entertainers, where the performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(2) A commercial establishment may have other principal business purpose(s), that do not involve the activities as set out in (a) through (h) of this definition, and still be categorized as an adult cabaret. Such other business purpose(s) do not serve to exempt the commercial establishment from being categorized as an adult cabaret so long as one of the principal business purpose(s) is to offer or feature the activities described in (a) through (h) of this definition. A principal place of business need not be a primary use of an establishment so long as it is a significant use based on inventory or activity of the establishment.
ADULT ENTERTAINMENT BUSINESS. An adult bookstore, adult motion picture theater, adult mini motion picture theater, adult motion picture arcade, adult cabaret, adult live entertainment arcade, adult service establishment, sexual encounter center or adult theater.
ADULT LIVE ENTERTAINMENT ARCADE. Any building or structure which contains or is used for commercial entertainment where the customer directly or indirectly is charged a fee to view from an enclosed or screened area or booth a series of live dance routines, strip performance 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 5 but less than 50 persons, used for presenting films, motion pictures, video cassettes, slides or similar photographic reproductions in which 20% or more of the total presentation time on a weekly basis 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 customers therein.
ADULT MOTION PICTURE ARCADE. Anyplace 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-reducing devices are maintained to show images to five or fewer persons per machine at one time, and where the images so displaced 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 50 or more persons used for presenting films, motion pictures, video cassettes, slide or similar photographic reproductions in which 20% or more of the total presentation time on a weekly basis 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 customers therein.
ADULT SERVICE ESTABLISHMENT. Any building, structure, premises or other facility, or any part thereof, under common ownership or control with 20% or more on a weekly basis of its services are comprised of services involving specified sexual activities or display of specified anatomical areas.
ADULT THEATER. A theater, concert hall, auditorium or similar commercial establishment in which 20% or more of the total presentation time on a weekly basis is devoted to showing persons who appear, in person, in a state of nudity and/or semi-nudity, and/or live performances that are characterized by the exposure of specified sexual activities or specified anatomical areas.
EMPLOYEE. A person, including a performer, who performs any service on the premises of an adult entertainment 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 person is paid a salary, wage or other compensation, by the business. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, for the delivery of goods to the premises, nor does employee include a person exclusively on the premises as a customer.
ESTABLISHMENT. Includes any of the following:
(1) The opening or commencement of any place of adult entertainment businesses as a new business;
(2) The conversion of an existing business, whether or not a place of adult entertainment businesses, to such a place;
(3) The addition of any of the features of one or more adult entertainment businesses to an existing business; or
(4) The relocation of any place of adult entertainment businesses.
EXISTING ADULT ENTERTAINMENT BUSINESSES. An adult entertainment business, which was in existence on the effective date of this chapter.
LICENSEE. A person in whose name a license has been issued, as well as the individual listed as an applicant on the application for a license.
NUDITY or A STATE OF NUDITY. The 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.
OBSCENE DEVICE. A device designed or marketed as useful primarily for the stimulation of human genital organs, or for sadomasochistic use or abuse. Such devices shall include, but are not limited to, phallic shaped vibrators, dildos, muzzles, whips, chains, bather restraints, racks, non-medical enema kits, body piercing implements (excluding earrings or other decorative jewelry) or other tools of sadomasochistic abuse.
PERFORMER. Any employee who engages in performances while in a state of nudity or semi-nudity at an adult entertainment business.
PERSON. A natural individual, a firm, a corporation, a partnership, a limited partnership, a limited liability company, an incorporated or unincorporated association or other legal entity.
PREMISES. The real property upon which the adult entertainment business is located, and all appurtenances thereto and building, 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 pursuant to this chapter.
SEMI-NUDE or SEMI-NUDITY. A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
SERVICES INVOLVING SPECIFIED SEXUAL ACTIVITIES OR DISPLAY OF SPECIFIED ANATOMICAL AREAS. Any of the following activities:
(1) The sale or display of 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 characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas;
(2) The presentation of films, motion pictures, video cassettes, slides or similar 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 customers;
(3) The operation of coin or slug operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image producing devices to show images to five or fewer persons per machine at any 1 time and where the images so displayed are distinguished or characterized by an emphasis an depicting or describing specified sexual activities or specified anatomical areas; and
(4) Live performances by persons who appear in a state of nudity or semi-nudity.
SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration, a place where 2 or more persons may congregate, associate or consort for the purpose of engaging in specified sexual activities or the exposure of specified anatomical areas. The definition of adult entertainment business shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
SPECIFIED ANATOMICAL AREAS. The human male genitals in a discernibly turgid state, even if fully and opaquely covered or less than completely covered human genital, 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:
(1) 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 similar sex-related offenses to those described above under the criminal or penal code of the United States of America, any state or any foreign country;
(2) For which:
(a) Less than 3 years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, so long as the conviction is of a misdemeanor offense; or
(b) Less than 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 felony offense.
(3) Less than 5 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 2 or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24 month period.
SPECIFIED SEXUAL ACTIVITIES. Includes any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts, whether covered or not;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
(3) Masturbation, actual or simulated;
(4) Flagellation or torture in the context of a sexual relationship;
(5) Masochism, erotic or sexually oriented torture, beating or the infliction of pain;
(6) Human genitals in a state of sexual stimulation, arousal or tumescence;
(7) Erotic touching; fondling or other contact with an animal by a human being; or
(8) Human excretion, urination, menstruation, vaginal or anal irrigation as part of or in connection with any of the activities set forth in the above definitions.
STRUCTURAL ALTERATION OF AN ADULT ENTERTAINMENT BUSINESS. Any change which would prolong the life of the supporting members of a building or structure such as bearing walls, columns, beams or girders, except such changes as are ordered made pursuant to the provisions of the Unsafe Building Law, I.C. 36-7-9, and any amendments thereto.
SUBSTANTIAL ENLARGEMENT OF AN ADULT ENTERTAINMENT BUSINESS. An increase in the size of the building, structure or premises in which the adult entertainment business is conducted by more than 15% of the floor area by either construction or use of an adjacent building, an additional building, or the construction or use of any portion of an adjacent or additional building, whether located on the same or an adjacent lot or parcel of land.
TRANSFER OF OWNERSHIP OR CONTROL OF AN ADULT ENTERTAINMENT BUSINESS. Includes:
(1) The sale, lease, sublease or transfer of the business;
(2) The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange or otherwise; or
(3) The establishment of a trust, gift or other similar legal device 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.
(Prior Code, § 128.02) (Ord. 8463, passed 1-13-03)