(a) As used in this chapter, "Adult Entertainment Businesses" shall include the following:
(1) Adult Bookstore or Adult Video Store: Any commercial establishment that has as a significant or substantial portion of its stock in trade or inventory in, derives a significant or substantial portion of its interior business or advertising to, or maintains a substantial section of its sales or display space for the sale or rental, for any form of consideration, of books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, slides, or other visual representations, that are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas.
(2) Adult Motion Picture Theatre: Any commercial establishment where films, motion pictures, videocassettes, slides, or similar photographic reproductions that are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas are regularly shown to more than five (5) individuals for any form of consideration.
(3) Adult Cabaret: Any commercial establishment that as a substantial or significant portion of its business features or provides any of the following:
A. Persons who appear nude or semi-nude.
B. Live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specific anatomical areas of the conduct or simulation of specified sexual activities.
C. Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual displays, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.
(b) To further determine whether a use is an adult entertainment business, the following definitions shall apply:
(1) Adult Material: Any book, magazine, newspaper, pamphlet, poster, print, picture, slide, transparency, figure, image, description, video cassette, motion picture film, record, tape, or any other tangible thing, or any service capable of creating sexual interest through sight, sound or touch, and:
A. Which material is distinguished or characterized by an emphasis on matter displaying, describing, or representing sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions of elimination; or
B. Which service is distinguished or characterized by an emphasis on sexual activity, masturbation, sexual excitement, nudity, or bestiality, or human bodily functions of elimination.
(2) Bottomless: Less than full opaque covering of male or female genitals, pubic area or buttocks.
(3) Nude or Nudity: The showing, representation, or depiction of human male or female genitals, pubic area, or buttocks with less than full, opaque covering of any portion thereof, or female breast(s) with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.
(4) Topless: The showing of a female breast with less than a full opaque covering of any portion thereof below the top of the nipple.
(5) Specified Sexual Activity: Any of the following:
A. Fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts.
B. Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy.
C. Masturbation, actual or simulated.
D. Human genitals in a state of sexual stimulation, arousal or tumescence.
E. Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (5) of this definition.
(Ord. 19-20. Passed 11-4-20.)