For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EMPLOYEE. A person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage, or other compensation by the operator of said business.
ESTABLISHMENT. Includes any of the following:
(1) The opening or commencement of any such business as a new business after the adoption of this chapter;
(2) The conversion of an existing business, if not a sexually oriented business, to any of the sexually oriented businesses defined in this chapter;
(3) The addition of any of the sexually oriented businesses defined in this chapter to any other existing sexually oriented business; or
(4) The relocation of any such sexually oriented business.
NUDITY or STATE OF NUDITY. The appearance of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or a state of dress which fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region, or areola or nipple of the female breast.
OPERATOR. Includes the owner, permit holder, custodian, manager, operator, or person in charge of any permitted or licensed premises.
PUBLIC BUILDING. Any building owned, leased, or held by the United States, the state, the county, the town, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used for governmental purposes.
PUBLIC PARK OR RECREATION AREA. Public land which has been designated for park or recreational activities, including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis court, pedestrian/bicycle paths, open space, wilderness areas, or similar public land within the town which is under the control, operation, or management of the federal or state government or any political subdivision.
RELIGIOUS INSTITUTION. Any church, synagogue, mosque, temple, or building which is used primarily for religious worship and related religious activities.
SCHOOL. Any public or private educational facility, including, but not limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, colleges, and universities. SCHOOL includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.
SEXUALLY ORIENTED BUSINESS. Those businesses defined as follows.
(1) ADULT ARCADE. An establishment where, for any form of consideration, one or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons each, are regularly used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”.
(2) ADULT BOOKSTORE, ADULT NOVELTY STORE, OR ADULT VIDEO STORE. A commercial establishment which has a significant or substantial portion of its stock-in-trade or derives 25% or more of its revenues to the sale, rental for any form of consideration, of any one or more of the following:
(a) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”;
(b) Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others; and
(c) An establishment may have other principal business purposes that do not involve the offering for sale, rental, or viewing of materials depicting or describing “specified sexual activities” or “specified anatomical areas”, and still be categorized as ADULT BOOKSTORE, ADULT NOVELTY STORE, OR ADULT VIDEO STORE. Such other business purposes will not serve to exempt such establishments from being categorized as an ADULT BOOKSTORE, ADULT NOVELTY STORE, OR ADULT VIDEO STORE so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe “specified anatomical areas” or “specified sexual activities”.
(3) ADULT CABARET. A nightclub, bar, restaurant “bottle club”, or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features: persons who appear semi-nude or in a state of semi-nudity; live performances which are characterized by the exposure of “specified anatomical areas” or by pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”.
(4) ADULT MOTEL. A motel, hotel, or similar commercial establishment which: offers public accommodations, for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical area” and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television, or offers a sleeping room for rent for a period of time less than ten hours; or allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten hours.
(5) ADULT MOTION PICTURE THEATER. A commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas” are regularly shown for any form of consideration.
(6) ADULT THEATER. A theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of semi-nudity or live performances which are characterized by exposure of “specified anatomical areas” or by “specified sexual activities”.
(7) ESCORT. A person who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
(8) ESCORT AGENCY. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
(9) MASSAGE PARLOR. Any place where, for any form of consideration or gratuity, a massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as a part of or in connection with “specified sexual activities”, or where any person providing such treatment, manipulation, or service related thereto, exposes his or her “specified anatomical areas”. The definition of sexually oriented businesses shall not include the practice of massage in any licensed hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, chiropractor, osteopath, or certified massage therapist, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor, osteopath, or certified massage therapist, nor by trainers for any amateur, semiprofessional, or professional athlete or athletic team or school athletic program.
(10) SEMI-NUDE MODEL STUDIO. Any place where a person, who regularly appears in a state of semi-nudity, is provided money or any form of consideration, to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.
(11) SEXUAL ENCOUNTER ESTABLISHMENT. A business or commercial establishment that, as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purposes of “specified sexual activities” when one or more of the persons is semi-nude. The definition of sexually oriented businesses 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.
PERMITTED OR LICENSED PREMISES. Any premises that requires a license and/or permit and that is classified as a sexually oriented business.
PERMITTEE AND/OR LICENSEE. A person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
PERSON. An individual, proprietorship, partnership, corporation, association, or other legal entity.
RESIDENTIAL DISTRICT OR USE. A single family, duplex, townhouse, multiple family, or mobile home park or subdivision and campground use or district as defined in the town zoning ordinance.
SEMI-NUDE. 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.
SEXUALLY ORIENTED BUSINESS. An adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor, sexual encounter establishment, escort agency, or semi-nude model studio.
SPECIFIED ANATOMICAL AREAS. Includes any of the following:
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areola; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Includes any of the following:
(1) The fondling or other intentional touching of the human genitals, pubic region, buttocks, anus, or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(3) Masturbation, actual or simulated;
(4) Human genitals in a state of sexual stimulation, arousal, or tumescence; or
(5) Excretory functions as part of or in connection with any of the activities set forth in divisions (1) through (4) above.
SUBSTANTIAL ENLARGEMENT OF SEXUALLY ORIENTED BUSINESS. Increase in the floor areas occupied by the business of more than 15%.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS. Includes any of the following:
(1) The sale, lease, or sublease of the business;
(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; and
(3) The establishment of a trust, gift, or other similar legal devise which transfers ownership or control of the business, except for transfer by request or other operation of law upon the death of a person possessing the ownership or control.
(Ord. 2009-7, passed 12-30-2009)