For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EMPLOYEE. A person who works or performs in and/or for a sexually-oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.
ESTABLISHMENT. Any of the following:
(1) The opening or commencement of any such business as a new business after the adoption of this chapter;
(2) The conversion of an existing business, if not a sexually-oriented business, to any of the sexually-oriented businesses defined in this chapter;
(3) The addition of a sexually-oriented business deemed in this chapter to any other existing sexually-oriented business; or
(4) The relocation of any such sexually-oriented business.
NUDITY or STATE OF NUDITY.
(1) The appearance of human bare buttock, anus, male genitals, female genitals or the areola or nipple of the female breast; or
(2) A state of dress which fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.
OPERATOR. The owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.
PERMITTED OR LICENSED PREMISES. Any premises that requires a license and/or permit and that is classified as a sexually-oriented business.
PERMITTEE AND/OR LICENSEE. A person in whose name a permit and/or license to operate a sexually-oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
PERSON. An individual, proprietorship, partnership, corporation, association or other legal entity.
PUBLIC BUILDING. Any building owned, leased or held by the United States, the state, the county, the city, any special district, school district or any other agency or political subdivision of the state or the United States, which building is used for governmental purposes.
PUBLIC PARK or RECREATION AREA. 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 county which is under the control, operation or management of any public entity.
RELIGIOUS INSTITUTION. Any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.
RESIDENTIAL DISTRICT OR USE. A single-family, duplex, townhouse, multiple-family or mobile park or subdivision and campground as defined in the then current planning and zoning ordinance.
SCHOOL. Any public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities. SCHOOL includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a SCHOOL.
SEMI-NUDE. A state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.
SEXUALLY-ORIENTED BUSINESSES. An adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor, sexual encounter establishment, escort agency or semi-nude model studio. Those businesses defined as follows.
(1) ADULT ARCADE. An establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors or similar machines, or other image producing machines, for viewing by five or fewer persons each, are regularly used to show 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.
(2) ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE. A commercial establishment which has a significant or substantial portion of its stock-in-trade or derives 25% or more of its revenues to the sale, 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, slides or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas;
(b) Instruments, devices or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others;
(c) An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials 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 establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe specified anatomical areas or specified sexual activities; and/or
(d) Regardless of the percentage of revenues from adult materials defined herein, any business which devotes any portion of its interior business space or advertising, for any form of consideration or viewing of any of the adult materials defined herein shall be considered to be an ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE as defined by and governed by this chapter.
(3) ADULT CABARET. A nightclub, bar, restaurant, bottle club, or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:
(a) Persons who appear semi-nude or in a state of semi-nudity; and/or
(b) Live performances which are characterized by the exposure of specified anatomical areas or by pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
(4) ADULT MOTEL. A motel, hotel or similar commercial establishment which:
(a) Offers public accommodations, for any form of consideration, which 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 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;
(b) Offers a sleeping room for rent for a period of time less than ten hours; or
(c) Allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten hours.
(5) ADULT MOTION PICTURE THEATER. A commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.
(6) ADULT THEATER. A theater, concert hall, auditorium or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of seminudity or live performances which are characterized by exposure of specified anatomical areas or by specified sexual activities.
(7) ESCORT. A person who, for any form of consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
(8) ESCORT AGENCY. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
(9) MASSAGE PARLOR. Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments or any other treatment or manipulation of the human body which occurs as a part of or in connection with specified sexual activities, or where any person providing such treatment, manipulation, or service related thereto, exposes his or her specified anatomical areas. The definition of SEXUALLY-ORIENTED BUSINESSES shall not include the practice of massage in any licensed hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, chiropractor, osteopath or certified massage therapist, nor by any nurse or technician working under the supervision of a licensed chiropractor, osteopath or certified massage therapist, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.
(10) SEMI-NUDE MODEL STUDIO. Any place where a person who regularly appears in a state of seminudity is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons.
(11) SEXUAL ENCOUNTER ESTABLISHMENT. A business or commercial establishment, that as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate or consort for the purposes of specified sexual activities when one or more of the persons is semi-nude. The definition of SEXUALLY-ORIENTED BUSINESSES shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
SPECIFIED ANATOMICAL AREAS. Any of the following:
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Any of the following:
(1) The fondling or other intentional touching of human genitals, pubic region, buttocks, anus or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
(3) Masturbation, actual or simulated;
(4) Human genitals in a state of sexual stimulation, arousal or tumescence; or
(5) Excretory functions as part of or in connection with any of the activities set forth in divisions (1) through (4) above of this definition.
SUBSTANTIAL ENLARGEMENT OF SEXUALLY-ORIENTED BUSINESS. Increase in the floor areas occupied by the business by more than 15%, as the floor areas exist on December 7, 1998.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY-ORIENTED BUSINESS. 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 ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.
(Ord. 99-04, passed - - )