For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ADULT ESTABLISHMENT. A business engaged in any of the following activities or which utilizes any of the following business procedures or practices:
(1) A business that is conducted exclusively for the patronage of adults and as to which minors are specifically excluded from patronage, either by operation of law or by the owners of such business;
(2) Any business that has at least 20% of its floor area (not including storerooms, stock areas, bathrooms, basements, attics or any portion of the business not open to the public) devoted to items, merchandise or other material that is distinguished or characterized by an emphasis on material depicting, exposing, describing, discussing or relating to specified sexual activities or specified anatomical areas; or
(3) Any adult use, as defined in this section.
ADULT USE. An adult use is any of the activities and businesses described below:
(1) ADULT BODY PAINTING STUDIO. An establishment or business which provides the service of applying paint or other substance, whether transparent or non-transparent, to the body of a patron when such person is nude.
(2) ADULT BOOKSTORE. An establish- ment or business used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape or motion picture film if such business is not open to the public generally but only to one or more classes of the public, excluding any minor by reason of age, or if at least 20% of its floor area (not including storerooms, stock areas, bathrooms, basements, attics or any portion of the business not open to the public) is devoted to items, merchandise or other material distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
(3) ADULT CABARET. A business or establishment that provides dancing or other live entertainment to patrons if the dancing and live entertainment is distinguished and characterized by an emphasis on the presentation, display, depiction of matter that seeks to evoke, arouse or excite the patrons’ sexual or erotic feelings or desire.
(4) ADULT COMPANIONSHIP ESTAB- LISHMENT. A business or establishment that excludes minors by reason of age, and which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.
(5) ADULT CONVERSATION/RAP PARLOR. A business or establishment that excludes minors by reason of age, and which provides the services of engaging in or listening to conversation, talk or discussion, if such service is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.
(6) ADULT HEALTH SPORT CLUB. A health/sport club which excludes minors by reason of age, if such club is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.
(7) ADULT HOTEL OR MOTEL. A hotel or motel from which minors are specifically excluded from patronage and where material is presented which is distinguished and characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(8) ADULT MASSAGE PARLOR OR HEALTH CLUB. A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if such service is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.
(9) ADULT MINI-MOTION PICTURE THEATER. A business or establishment with a capacity for less than 50 persons used for presenting material if such material is distinguished and characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(10) ADULT MODELING STUDIO. A business or establishment that provides customers figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed or otherwise depicted by such customers.
(11) ADULT MOTION PICTURE ARCADE. Any place to which the public is permitted or invited where coin or slug-operated or electronically, electrically or mechanically controlled or operated still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished and characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
(12) ADULT MOTION PICTURE THEATER. A motion picture theater with a capacity of 50 or more persons used for presenting material if such theater as a prevailing practice excludes minors by reason of age or if such material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons.
(13) ADULT NOVELTY BUSINESS. A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation.
(14) ADULT SAUNA. A sauna which excludes minors by reason of age, and which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(15) ADULT STEAM ROOM BATH- HOUSE FACILITY. A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors by reason of age and if the service provided by the steam room/bathhouse facility is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.
(16) OTHER. Any other adult use determined to be in the same general nature of the intent of this chapter by the city’s Zoning Administrator. An appeal of the determination shall be heard by the Planning Commission and the City Council using the process described in the Comprehensive Plan and Zoning Ordinance.
NUDE OR SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered human genitals, pubic region, buttock, anus or female breast(s) below a point immediately above the top of the areola; and
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually-oriented acts or conduct: anilingus; buggery; coprophagy; coprophilia; cunnilingus; fellatio; necrophilia; pederasty; pedophilia; piquerism; sapphism; zooerastia;
(2) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence;
(3) Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation;
(4) Fondling or touching of nude human genitals, pubic region, buttocks or female breast(s);
(5) Situations involving a person or persons, any of whom are nude, clad in under- garments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons;
(6) Erotic or lewd touching, fondling or other sexually-oriented contact with an animal by a human being; or
(7) Human excretion, urination, menstruation, vaginal or anal irrigation.
(Ord. 593, passed 3-2-99)