For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT USE. Any of the activities and businesses described below constitute an adult oriented business subject to the regulation of this chapter.
ADULT BOOK AND/OR MEDIA STORE. An establishment that excludes minors and that - as a substantial portion of its stock-in-trade or stock-on-display - has books, magazines, films, videotape, or other media characterized by their emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas.”
ADULT CABARET. An establishment that provides dancing or other live entertainment, if the establishment excludes minors by virtue of age from all or part of the establishment and if the dancing or other live entertainment is distinguished or characterized by an emphasis on the performance, depiction, or description of “specified sexual activities” or “specified anatomical areas.”
ADULT ESTABLISHMENT. Any business that offers its patrons services, entertainment, or the sale of merchandise characterized by an emphasis on matter depicting, exposing, describing, discussing, or relating to “specified sexual activities” or “specified anatomical areas.” Specifically included in the term, but without limitation, are adult book and media stores, adult cabarets, adult hotels or motels, adult mini-motion picture theaters, adult modeling studios, adult motion picture arcades, adult motion picture theaters, adult novelty businesses, and other adult establishments.
ADULT HOTEL OR MOTEL. A hotel or motel from which minors are specifically excluded from patronage and wherein material is presented that is distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas.”
ADULT MINI-MOTION PICTURE THEATER. Includes:
(1) Any theater in an enclosed building, from which minors are excluded from all or part of the establishment, with a capacity for less than 50 persons, and used for presenting motion pictures, including but not limited to film and videotape, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas;” and
(2) Any business from which minors are excluded from all or part of the establishment and which presents motion pictures, including films and videotapes, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas,” for viewing on the premises, including but not limited to viewing in private booths, viewing by means of coin-operated or other mechanical devices, and viewing of excerpts of motion pictures offered for sale or rent.
ADULT MODELING STUDIO. An establishment that excludes minors from all or part of the establishment and whose business is to provide to customers figure models with the intent that such models:
(1) Provide sexual stimulation or sexual gratification to the customers; and
(2) Engage in “specified sexual activities” or display “specified anatomical areas” while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by the customers.
ADULT MOTION PICTURE ARCADE. Any place from which minors are excluded from all or part of the establishment and wherein coin or token operated or electronically, electrically, or mechanically controlled or operated skill or motor picture machines, projectors, or other image producing devices are maintained to show images to 5 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.”
ADULT MOTION PICTURE THEATER. A theater in an enclosed building, from which minors are excluded from all or part of the establishment, with a capacity of 50 or more persons, and used regularly and routinely for presenting live entertainment or motion pictures, including but not limited to film and videotapes, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons herein.
ADULT NOVELTY BUSINESS. A business, from which minors are excluded from all or part of the establishment, that sells, offers to sell, or displays devices which either simulate human genitals or are designed for sexual simulation.
SPECIFIED ANATOMICAL AREAS. Any of the following conditions: less than completely and opaquely covered human genitals, pubic region, pubic hair, buttock, or female breast below a point immediately above the top of the areola; or human male genitals in a discernible turgid state, even if opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Any of the following conditions:
(1) An act of sexual intercourse, normal or perverted, actual or simulated, including genital-genital, anal-genital, or oral-genital intercourse, between human beings or between a human being and an animal;
(2) Sadomasochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a revealing costume or the condition of being fettered, bound, or otherwise physically restricted on the part of one so clothed;
(3) Masturbation or lewd exhibitions of the genitals, including any explicit, close-up representation of a human genital organ, clothed or unclothed;
(4) Physical contact or simulated physical contact with the clothed or unclothed pubic areas or buttocks of a human male or female, or the breasts of a female, whether alone or between members of the same or opposite sex or between humans and animals, in an act of apparent sexual stimulation or gratification.
(Ord. 113, 5th Series, passed 2-20-2001)