The following words and terms shall have the following meanings when used in this section, except as provided otherwise in § 155.04.
SEXUALLY-ORIENTED BUSINESS. Shall include the following:
(1) A business that meets any of the following criteria, measured on a daily, weekly, monthly or yearly basis:
(a) Has more than 25% of its inventory, stock-in-trade or publicly displayed merchandise in sexually-oriented materials;
(b) Devotes more than 25% of its floor area (not including storerooms, stock areas, bathrooms, basements or any portion of the business not open to the public) to sexually-oriented materials; or
(c) Derives more than 25% of its gross revenues from sexually-oriented materials.
(2) A business that engages for any length of time in a sexually-oriented use as defined in this section, or any other use that has an emphasis on specified sexual activities or specified anatomical areas.
SEXUALLY-ORIENTED MATERIALS. Visual, printed, or aural materials, and other objects or devices, which:
(1) Contain, depict, simulate or describe specified sexual activities or specified anatomical areas;
(2) Are marketed for use in conjunction with, or are primarily used only with or during, specified sexual activities; or
(3) Are designed for sexual stimulation.
SEXUALLY-ORIENTED USE. Includes any of the following activities and businesses, even if the activity exists for only a short-time.
(1) ADULT BODY PAINTING STUDIO. An establishment or business that provides the service of applying paint, ink or other substance, whether transparent or non-transparent, to the body of a patron when the person is nude.
(2) ADULT BOOKSTORE. An establishment or business used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audiotape, videotape, movies or motion picture film if it meets the criteria established in the definition of “sexually-oriented business”, as defined in this section.
(3) ADULT CABARET. A business or establishment that provides dancing or other live entertainment distinguished or characterized by an emphasis on:
(a) The depiction of nudity, specified sexual activities or specified anatomical areas; or
(b) The presentation, display or depiction of matter that seeks to evoke, arouse, or excite sexual or erotic feelings or desire.
(4) ADULT COMPANIONSHIP ESTABLISHMENT. A business or establishment that provides the service of engaging in or listening to conversation, talk or discussion distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(5) ADULT CONVERSATION/RAP PARLOR. A business or establishment that provides the services of engaging in or listening to conversation, talk or discussion distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(6) ADULT HEALTH/SPORT CLUB. A health/sport club that is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(7) ADULT HOTEL OR MOTEL. A hotel or motel that presents material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(8) ADULT MINI-MOTION PICTURE THEATER. A business or establishment with a capacity of less than 50 persons that as a prevailing practice presents on-premises viewing of movies, motion pictures, or other material distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(9) ADULT MODELING STUDIO. A business or establishment that provides live models who, with the intent of providing sexual stimulation or sexual gratification, engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed or otherwise depicted.
(10) 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 used 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 an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
(11) ADULT MOTION PICTURE THEATER. A motion picture theater with a capacity of 50 or more persons that as a prevailing practice presents material distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons.
(12) ADULT NOVELTY BUSINESS. An establishment or business that has a variety of items for sale if it meets the criteria established in the definition of “sexually-oriented business,” as defined in this section.
(13) ADULT SAUNA. A sauna that excludes minors by reason of age, and that provides a steam bath or heat bathing room used for the purpose of bathing, relaxation or reducing, if the service provided by the sauna is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(14) ADULT STEAM ROOM/BATHHOUSE 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, if the 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 or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(15) MASSAGE PARLOR/HEALTH CLUB. A massage parlor or health club that provides massage services distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
SPECIFIED ANATOMICAL AREAS. Shall include the following:
(1) Less than completely and opaquely covered human genitals, pubic area, buttock, anus or female breast below a point immediately above the top of the areola; and
(2) Human male genitals in a state of sexual arousal, whether or not completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Shall include the following:
(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; the use of excretory functions in the context of a sexual relationship; anilingus; coprophagy; coprophilia; cunnilingus; fellatio; necrophilia; pedophilia; piquerism or 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 regions, buttocks or female breasts;
(5) Situations involving a person or persons, any of whom are nude, who are clad in undergarments or in sexually revealing costumes and engaged in the flagellation, torture, fettering, binding or other physical restraint of any person;
(6) Erotic or lewd touching, fondling, or other sexually-oriented contact with an animal by a human being; or
(7) Human excretion, urination, menstruation or vaginal or anal irrigation, in the context of a sexual relationship.
(2004 Code, § 155.03) (Ord. 11-0668, passed 5-10-2011)