(A) Intent. The intention of the Common Council is to outlaw any form of adult uses in the city.
(B) Definitions. The following words and terms shall, for the purposes of this chapter, have the meanings shown herein:
ADULT BOOKSTORE OR VIDEO STORE. An establishment having, as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals, video cassettes, films and other such visual media which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined in this section, or an establishment with a significant segment or section devoted to the sale or display of such material, unless such area is physically separated from the remainder of such establishment and which is accessible to adults only.
ADULT ENTERTAINMENT USE. Any adult bookstore or video store, adult mini-motion picture theater, adult motion picture theater, cabaret, massage parlor, adult personal service businesses, adult novelty businesses or any combination of such uses.
ADULT MINI-MOTION PICTURE THEATER. A building or any part thereof with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," as defined in this section, for observation by patrons therein.
ADULT MOTION PICTURE THEATER. A building or any part thereof or a drive-in theater with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined in this section, for observation by patrons therein.
ADULT NOVELTY BUSINESSES. A business that has as a principal activity the sale of devices of simulated human genitals or devices designed for sexual stimulation.
ADULT PERSONAL SERVICE BUSINESSES. A business having as a principal activity the provision of personal services to another person on an individual basis in a closed room while nude or partially nude. It includes but is not limited to the following activities and services: massage parlors, erotic rubs, modeling studios, body painting studios, wrestling studios, and individual theatrical performances.
SPECIFIED ANATOMICAL AREAS.
(a) Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of areola; and
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(a) Human genitals in a state of sexual stimulation or arousal;
(b) Acts of human masturbation, sexual intercourse or sodomy; and
(c) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
(C) Adult uses prohibited. No adult use as defined in this section shall be permitted in the city.
(Ord. 497, passed 2-3-2004; Am. Ord. 523, passed 6-13-2006; Am. Ord. 2011-7, passed 12-13-2011; Am. Ord. 2019-02, passed 10-8-2019; Am. Ord. 2020-28, passed 3-3-2020; Am. Res. 2021-46, passed 4-13-2021)