(a) "Adult entertainment facility" means any establishment which is involved in one or more of the following listed categories:
(1) "Adult book stores" means an establishment having greater than twenty-five percent (25%) of its display area or items for sale of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas as herein defined.
(2) "Adult mini-motion picture theater" means a facility with a capacity for less than fifty 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, for observation by patrons therein.
(3) "Adult motion picture theater" means a facility with a capacity of fifty 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, for observation by patrons therein.
(4) "Adult entertainment business" means any establishment involved in the sale or services of products characterized by the exposure or presentation of specified anatomical areas or physical contact of live male or females and which is characterized by salacious conduct appealing to prurient interest for the observation or participation in by patrons. Services or products included within the scope of adult entertainment business are photography, dancing, reading, massage and similar functions which utilize activities as specified above.
(b) "Specified sexual activities" means:
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts, real or simulated, of human masturbation, sexual intercourse, sodomy, cunnilingus, fellatio or sadomasochistic sexual abuse;
(3) Fondling or other erotic touching of human genitals, pubic regions, buttock or female breasts.
(c) "Specified anatomical areas" means:
(1) Less and completely covered human genitals, pubic region, buttocks and female breasts below a point immediately above the top of the areola;
(2) Human male genitals in a discernible turgid state.
(d) Nothing contained in this chapter shall be construed to pertain to:
(1) The purchase, distribution, exhibition and/or loan of any work of art, book, magazine or other printed material or manuscript by any accredited museum, library, fine art gallery, school or institution of higher learning.
(2) The exhibition and/or performance of any play, drama, tableau or motion picture by any theater, museum, library, fine art gallery, school or institution of higher learning either supported by private funds.
(e) "Person" means any individual, corporation, company, business, partnership, association, establishment or other legal entity of any kind.
(f) "Fine art gallery" means any display of art work which is individually crafted and signed by the artist or which is limited in edition to 1,000 or less.
(g) "Sexually explicit nudity" means the sexually oriented and explicit showing of nudity, including, but not limited to, close-up views, poses or depicitions in such position or manner which present or expose such nudity to prominent, focal or obvious viewing attention.
(h) "Sadomasochistic sexual abuse" means actual or simulated flagellation, rape, torture or other physical or sexual abuse, by or upon a person who is nude or partially nude, or the condition of being fettered, bound for sexual gratification or abuse or represented in the context of sexual relationship.
(i) "Visibly displayed" means the material is visible on a billboard, viewing screen, marquee, newsstand, display rack, window, show case, display case or other similar display area that is visible from any part of the general public or otherwise, or that is visible from any part of the premises where a juvenile is or may be allowed, permitted or invited, as part of the general public or otherwise, or that is visible from a public street, sidewalk, park, alley, residence, playground, school or other place to which juveniles, as part of the general public or otherwise, has unrestrained and reasonably anticipated access and presence.
(j) "Knowledge of character" means having general knowledge, or reason to know; or a belief or grounds for belief which warrants further inspection or inquiry, of the nature and character of the material or performance involved. A person has such knowledge when he or she knows or is aware that the material or performance contains, depicts or describes sexually explicit nudity, sexual activity, sadomasochistic sexual abuse or lewd exhibition of the genitals, whichever is applicable, whether or not such person has precise knowledge of the specific contents thereof. Such knowledge may be proven by direct or circumstantial evidence, or both.
(k) "Harmful to juveniles" means any material or performance, whether through motion pictures, photographs, drawings, cartoons, slides, depicitions or descriptions, to which the following apply:
(1) The average adult person, applying contemporary community standards would find that the material or performance, taken as a whole, is intended to excite lustful or erotic thoughts in juveniles, or is designed or marketed to cater or appeal to a prurient interest in nudity, sex or excretion.
(2) The material or performance depicts or describes sexually explicit nudity, sexual activity, sadomasochistic sexual abuse or lewd exhibition of the genitals, in a way which is patently offensive to prevailing standards in the adult community with respect to what is suitable for juveniles.
(3) The material or performance, taken as a whole, lacks serious literary, artistic, political, educational or scientific value for juveniles.
(Ord. 111-86. Passed 1-19-86.)