For the purpose of this chapter, the following words shall have the following meanings:
ADULT ARCADE: Any place to which the public is permitted or invited wherein coin operated or slug operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are regularly maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displaced are distinguished or characterized by their emphasis on matter exhibiting or describing "specified sexual activities" or "specified anatomical areas".
ADULT BOOKSTORE, ADULT NOVELTY STORE, ADULT VIDEO STORE: A commercial establishment which has as a significant or substantial portion of its stock in trade, or derives a significant or substantial portion of its revenues, or devotes a significant or substantial portion of its interior business or advertising, or maintains a substantial section of its sales or display space for the sale or 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, compact discs, slides, or other visual representations which are characterized by their emphasis upon the exhibition or description of "specified sexual activities" or "specified anatomical areas";
B. Instruments, devices, or paraphernalia that are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.
ADULT CABARET: A nightclub, bar, juice bar, restaurant bottle club, or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:
A. Persons who appear seminude;
B. Live performances which are characterized by the exposure of "specified anatomical areas" or "specified sexual activities"; or
C. Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by their emphasis upon the exhibition or description of "specified sexual activities" or "specified anatomical areas".
ADULT MOTEL: A motel, hotel, or similar commercial establishment which offers public accommodations, for any form of consideration, which regularly provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by their emphasis upon the exhibition or description of "specified sexual activities" or "specified anatomical areas", 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; and offers a sleeping room for rent for a period of time less than ten (10) hours; or allows a tenant or occupant to subrent the sleeping room for a time period of less than ten (10) hours.
ADULT MOTION PICTURE THEATER: A commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions which are characterized by their emphasis upon the exhibition or description of "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.
ADULT THEATER: A theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear live in a state of seminudity or live performances which are characterized by their emphasis upon the exhibition of "specified anatomical areas" or "specified sexual activities".
BUSINESS LICENSE OFFICIAL: The city business license officer or his designee.
CONTROLLING INTEREST: The power, directly or indirectly, to direct the operation, management or policies of a business or entity, or to vote twenty percent (20%) or more of any class of voting securities of a business. The ownership, control, or power to vote twenty percent (20%) or more of any class of voting securities of a business shall be presumed, subject to rebuttal, to be the power to direct the management, operation or policies of the business.
DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS ON: The dominant or principal theme of the object described by such a phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis on" the exhibition or description of "specified sexual activities" or "specified anatomical areas". The films so described are those whose dominant or principal character and theme are the exhibition or description of "specified anatomical areas" or "specified sexual activities".
EMPLOY, EMPLOYEE AND EMPLOYMENT: Describe and pertain to any person who performs any service on the premises of a sexually oriented business, on a full time, part time, or contract basis, whether or not the person is designated an employee, independent contractor, agent, or otherwise. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises or similar type of function.
ESTABLISH OR ESTABLISHMENT: Establish or establishment shall mean and include any of the following:
A. The opening or commencement of any sexually oriented business as a new business.
B. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
C. The addition of any sexually oriented business to any other existing sexually oriented business; or
D. The relocation of any sexually oriented business.
HEARING OFFICER: The mayor of the city of Holladay or a designee of the mayor.
LICENSEE: A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual or individuals listed as an applicant on the application for a sexually oriented business license. In case of an "employee", it shall mean the person in whose name the employee license has been issued.
NUDITY OR STATE OF NUDITY: The showing of the human male or female genitals, pubic area, vulva, anus, or anal cleft with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple.
OPAQUE: Impervious, having capacity to block out or obstruct the visual image of an object.
OPERATE OR CAUSE TO OPERATE: To cause to function or to put or keep in a state of doing business. "Operator" means any person on the premises of a sexually oriented business who is authorized to exercise overall operational control of the business or who causes to function or who puts or keeps in operation the business. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or licensee of the business.
PARK: 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 courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land within the city which is under the control, operation, or management of the city park and recreation authorities.
PECUNIARY COMPENSATION: Any commission, fee, salary, tip, gratuity, profit, reward, or any other form of consideration.
PERSON: An individual, proprietorship, partnership, corporation, association, or other legal entity.
PLACE OPEN TO PUBLIC VIEW: An area capable of observance by persons from the general community, where an expectation for privacy is not reasonably justified, and includes a dedicated roadway, sidewalk, a parking lot, any public way, a theater, a restaurant, a movie theater, any room in a hotel or motel other than a guest room, or any other place where an expectation for privacy is not reasonably justified.
PROTECTED USES: Churches, public libraries, public parks or parkways, public recreation centers, public and private schools, and any residence or residential district.
REGULARLY FEATURED OR REGULARLY SHOWN: A consistent or substantial course of conduct such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the ongoing business of the sexually oriented business.
SEMINUDE: A state of dress in which any opaque clothing covers no more than the genitals, anus, anal cleft or cleavage, pubic area, vulva, and nipple 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 motion picture theater, adult novelty store, adult theater, adult video store, adult cabaret, and adult motel.
SPECIFIED ANATOMICAL AREAS: A. Human male genitals in a state of sexual arousal; or
B. Less than completely and opaquely covered buttocks, anus, anal cleft or cleavage, male or female genitals, or a female breast.
SPECIFIED CRIMINAL ACTIVITY: A. Any of the following offenses as they are defined by applicable Utah state statute: prostitution or promotion of prostitution; dissemination of obscenity or illegal pornographic materials; sale, distribution or display of harmful material to a minor; sexual abuse; sexual abuse of a child; sexual exploitation of children; sexual performance by a child; possession or distribution of child pornography; sexual battery; rape; indecent exposure; indecency with a child; the crimes of criminal pandering, tax violations, embezzlement, or racketeering, if such crimes are directly related to the operation of a sexually oriented business; sexual assault; molestation of a child; or distribution of a controlled substance; criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses or offenses involving the same elements from any jurisdiction if the offenses were committed in the state of Utah, regardless of the exact title of the offense, for which:
1. Less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
2. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
3. Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty four (24) month period.
B. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.
SPECIFIED SEXUAL ACTIVITY: Acts of, or simulating:
A. Masturbation;
B. Sexual intercourse;
C. Sexual copulation with a person or a beast;
D. Fellatio;
E. Cunnilingus;
F. Bestiality;
G. Pederasty;
H. Buggery;
I. Sodomy;
J. Excretory functions as part of or in connection with any of the activities set forth in subsections A through I of this definition.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS: Any of the following:
A. The sale, lease, or sublease of the business;
B. The transfer of securities which constitutes a controlling interest in the business, whether by sale, exchange, or similar means; or
C. The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
VIEWING ROOM: The room, booth, or area where a patron of a sexually oriented business would ordinarily be positioned while watching a film, video cassette or other video production. (Ord. 02-21, 9-5-2002)