For the purposes of this article, the following definitions apply unless the context clearly indicates or requires a different meaning.
Adult. A person who is 18 years of age or older.
Building. Has the same meaning as defined in Chapter 21.
Commercial Business Establishment. Does not include:
(1) Any nonprofit corporation or other nonprofit organization; or
(2) Any university, high school, intermediate or middle school, or elementary school, which sponsors or provides facilities on an irregular basis for dances or socials.
Common Ownership Between Two Establishments or Properties. That one or more of the direct or indirect owners of one of the establishments or properties is a direct or indirect owner of the other establishment or property.
Common Wall. A wall between two establishments or a ceiling or roof of one establishment that serves as a floor of the other establishment.
Exotic Dancer. A person who performs or entertains in the nude at a nude dancing nightclub. The term includes any such person, whether compensated or uncompensated, and includes patrons participating in a contest or receiving instruction in the art of nude dancing.
Intoxicating Liquor. Alcohol, brandy, whiskey, rum, gin, okolehao, sake, beer, ale, porter, and wine; and also includes, in addition to the foregoing, any spiritous, vinous, malt, or fermented liquor, liquids, and compounds,
whether medicated, proprietary, patented, or not, in whatever form and of whatever constituency and by whatever name called, containing one-half of 1 percent or more of alcohol by volume, which are fit for use or may be used or readily converted for use for beverage purposes.
Liquor. Intoxicating liquor.
Liquor Establishment. An establishment licensed by the Honolulu liquor commission to sell liquor.
Minor. Any person who has not attained the age of 18 years.
Nude. Unclothed or in such attire as to expose to view any portion of the pubic hair, anus, cleft of the buttocks, genitals, or any portion of the female breast below the top of the areola.
Nude Dancing Nightclub. Any commercial business establishment at which one or more exotic dancers perform for or provide entertainment to patrons. The term shall not include any establishment for which a liquor license has been issued, any “lap dancing establishment” as defined in § 34-9.1 or any theater.
Owner of a Teenage Nightclub, Owner of a Nude Dancing Nightclub or Owner. Any person or entity, including but not limited to any individual, partnership, or corporation, with a controlling ownership interest in the business operating the teenage nightclub, the nude dancing nightclub, or either a teenage nightclub or nude dancing nightclub, as the context dictates. A person shall not be deemed an “owner” merely because of an ownership interest in the land upon or structure in which a nightclub is operated.
Premises. Includes the interior of the nude dancing nightclub or teenage nightclub, any parking lot or yard appurtenant to either, or any other business premises under common ownership, including common lease ownership, with the nude dancing nightclub or teenage nightclub and located in the same building as the nude dancing nightclub or teenage nightclub. The term does not, however, include any establishment to which a license has been issued by the Honolulu liquor commission.
Restaurant. A place which is regularly and in a bona fide manner used and kept open for the serving of meals to patrons for compensation and which has suitable kitchen facilities connected therewith, containing the necessary equipment and supplies for cooking an assortment of foods which may be required for ordinary meals. Additionally, at least 30 percent of the establishment’s gross revenue must be derived from the sale of foods. For the purposes of this definition, the term “foods” does not include beverages. This definition is derived from the definition of “restaurant” in the rules of the Honolulu liquor commission and shall be interpreted consistently with the interpretation given to the term by the Honolulu liquor commission.
Teenage Nightclub. A commercial business establishment regularly engaged in the business of a nightclub:
(1) At which live or recorded music is regularly played;
(2) At which a dance floor is provided for patrons; and
(3) Which is advertised or promoted by the establishment, the owner, a responsible managing agent, or an employee of the establishment, or by any other person pursuant to the direction or request of any of the foregoing, in such a manner as to attract or otherwise solicit minors, high school students, teenagers or similar groups composed principally of minors. The term shall not include any establishment for which a liquor license has been issued, any restaurant, or any dance school.
A minor shall be deemed “unaccompanied” when the minor is not accompanied by a parent or guardian of the minor or by an adult person authorized by such parent or guardian to accompany the minor.
(1990 Code, Ch. 41, Art. 41, § 41-41.1) (Added by Ord. 99-46)