“ADULT ARCADE.” Any place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration, electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, 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 or characterized by the depicting or describing of “specified sexual activities” or “specified anatomical areas.”
“ADULT BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STORE.” A commercial establishment which as one of its principle purposes, offers for sale or rental for any form of consideration any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”; or
(2) Instruments, devices, or paraphernalia which are designed for use in connection with “specified sexual activities.”
A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing “specified sexual activities” or “specified anatomical areas” and still be categorized as “ADULT BOOKSTORE,” “ADULT NOVELTY STORE,” or “ADULT VIDEO STORE.” Such other business purposes will not serve to exempt such commercial establishments from being categorized as an “ADULT BOOKSTORE,” “ADULT NOVELTY STORE,” or “ADULT VIDEO STORE” so long as one of its principle business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
“ADULT CABARET.” A nightclub, bar, restaurant, lounge, dance hall, or any other commercial establishment which regularly features:
(1) Persons who appear in a state of nudity; or
(2) Live performance which are characterized by the exposure of “specified anatomical areas” or
(3) Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
“ADULT MOTEL.” A hotel, motel or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration: provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas” and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions; or
(2) Offers a sleeping room for rent for a period of time less than ten (10) hours; or
(3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.
“ADULT MOTION PICTURE THEATER.” A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
“ADULT PERSONAL SERVICE ESTABLISHMENT.” An establishment or business having as a substantial portion of its activities, one or more persons who for any form of consideration, while nude, provide personal services for one or more other persons in a closed room consisting of actual or simulated sexual activities, or erotic modeling, rubs, body painting, wrestling, or theatrical performances which are characterized by, or include emphasis on, the display of anatomical areas.
“ADULT THEATER.” A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity, or live performances which are characterized by the exposure of “specified sexual activities” or “specified anatomical areas.”
“EMPLOYEE.” A person who performs any service on the premises of a sexually oriented business on a ful1-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
“ESTABLISHMENT.” Includes any of the following:
(1) The opening or commencement of any sexually oriented business as a new business.
(2) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(3) The additions of any sexually oriented business to any other existing sexually oriented business; or
(4) The relocation of any sexually oriented business.
“LICENSEE.” A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an application the application for a license; and in the case of an employee, a person in whose name a license has been issued authorizing employment in a sexually oriented business.
“NUDE MODEL STUDIO.” Any place where a person who appears in a state of nudity, or who display “specified anatomical areas” and is provided to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nude Model Studio shall not include a proprietary school licensed by the State of Indiana or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure:
(1) That has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
(2) Where in order to participate in a class a student must enroll at least three days in advance of the class; and
(3) Where no more than one nude model is on the premises at any one time.
“NUDITY” or a “STATE OF NUDITY.” The showing of the human male or female genitals, public area, vulva, or anus with less than fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
“PERSON.” An individual, proprietorship, partnership, corporation, association, or other legal entity.
“SEXUAL ENCOUNTER CENTER.” A business or commercial enterprise that, as one or its principle business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) Activities between male and female person and/or persons of the same sex when one or more of the persons is in a state of nudity.
“SEXUALLY ORIENTED BUSINESS.” An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult personal service establishment, adult theater, nude model studio, or sexual encounter center
Notwithstanding any other provision of this chapter, no films, motion pictures, or other photographic reproductions which have been granted either an “R” or less restrictive classification by the voluntary movie rating system of the motion picture industry of America or a substantially similar nationally recognized classification shall be included in those items inventoried, counted, or otherwise tallied to reach or exceed the threshold level of classification for the imposition of the requirements of this chapter.
“SPECIFIED ANATOMICAL.”
(1) The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
(2) Less than completely and opaquely covered human genitals, public region, vulva, anus, the nipple of a female breast.
“SPECIFIED CRIMINAL ACTIVITIES.” Any of the following offenses:
(1) Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault; molestation of a child; gambling; or distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states or countries;
(2) For which:
(a) Less than two 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;
(b) Less than five 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
(c) Less than five 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 or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.
(3) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.
“SPECIFIED SEXUAL ACTIVITIES.” Any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2) Intercourse, oral copulation, masturbation, or sodomy; or
(3) Excretory functions as part of or in connection with any of the activities set forth in (1) through (2) above.
“SUBSTANTIAL ENLARGEMENT.” The increase in floor areas occupied by the business by more than twenty-five (25%), as the floor areas exist on the date this chapter takes effect.
“TRANSFER OF OWNERSHIP OR CONTROL.” Includes any of the following:
(1) The sale, lease, or sublease of the business;
(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(3) 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.
(Ord. 19-C-99, passed 2-8-00)