For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ARCADE. Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, videos 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 distinguishable or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE or ADULT VIDEO STORE.
(1) A commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
(a) Books, magazines, periodicals or other printed matter, or photographs, films, motion picture, video cassettes or video reproductions, slides or other visual representations that depict or describe specific sexual activities or specified anatomical areas; and/or
(b) Instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.
(2) A principal business purpose exists if materials offered for sale or rental depicting or describing specified sexual activities or specified anatomical areas generate 25% or more of the business’s income, or account for 25% or more of inventory, or occupy 25% or more of total floor space. 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 an adult book store or adult video store. Such other business purpose will not serve to exempt such commercial establishments from being categorized as an ADULT BOOKSTORE or ADULT VIDEO STORE so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials that depict or describe specified sexual activities or specified anatomical areas.
ADULT CABARET. A nightclub, bar, restaurant, café or similar commercial establishment that regularly, commonly, habitually or consistently features:
(1) Persons who appear in a state of nudity or semi-nudity;
(2) Live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities;
(3) Films, motion pictures, video cassettes, digital video disks, slides, photographic reproduction or other image producing devices that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or
(4) Persons who engage in exotic or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.
ADULT MOTEL. A motel, hotel, or similar commercial establishment which:
(1) Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions that 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 that advertises the availability of this adult type of photographic reproductions;
(2) Offers a sleeping room for rent for a period of time that is less than ten hours; or
(3) Allows tenant or occupant of a sleeping room to sub-rent the room the room for a period of time that is less than ten hours.
ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, digital video disks or similar photographic reproductions are regularly, commonly, habitually or consistently shown that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT THEATER. A theater, concert hall, auditorium or similar commercial establishment that regularly, commonly, habitually or consistently features persons who appear, in person, in a state of nudity and/or semi-nudity, and/or live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities.
CHARACTERIZED BY. This term means the essential character or quality of an item. As applied in this chapter, no business shall be classified as a sexually-oriented business by virtue of showing, selling or renting materials rated NC-17 or R by the Motion Picture Association of America.
COMMERCIAL SEXUAL ENTERTAINMENT CENTER. Any commercial establishment not otherwise described herein which as one of its principal uses regularly offers matter, services or entertainment appealing to adult sexual interests if the establishment or its entertainment, services or goods are advertised by or on behalf of the establishment in a manner patently designed to appeal to such adult sexual interests.
EMPLOYEE. A person who performs any service on the premises of a sexually-oriented business on a full-time, part-time, contract basis or independent basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise, and whether or not the 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, nor does EMPLOYEE include a person exclusively on the premises as a patron or customer.
ESCORT. A person who, for 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.
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.
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;
(4) The relocation of any sexually-oriented business; or
(5) A sexually-oriented business or premises on which the sexually-oriented business is located.
LICENSEE. A person in whose name a license has been issued, as well as the individual listed as an applicant on the application for a license.
LIVE THEATRICAL PERFORMANCE. A play, skit, opera, ballet, concert, comedy or musical drama.
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 manipulation of the human body which occurs as a part of or in connection with specified sexual activities, or where any person providing this 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 physician, surgeon, chiropractor, osteopath or certified massage therapist, nor by trainers for any amateur, semi-professional or professional athlete or athletic team or school athletic program.
NUDE MODEL STUDIO. Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons for consideration.
NUDITY or STATE OF NUDITY. The appearance of a human bare buttock, anus, anal cleft or cleavage, pubic area, male genitals, female genitals or vulva, with less than a fully opaque covering; or a female breast with less than a fully opaque covering of any part of the areola; or human male genitals in a discernibly turgid state even if completely and opaquely covered.
OPERATE or CAUSE TO OPERATE. To cause to function, or to put or keep in a state of doing business.
OPERATOR. Any person on the premises of a sexually-oriented business who operates or manages the business or exercises overall control of the business premises. A person may be found to be operating or causing to be operated a sexually-oriented business regardless of whether that person is an owner, part owner or licensee of the business.
PERMITTED OR LICENSED PREMISES. Any premise that requires a license or permit and that is classified as a sexually-oriented business.
PERMITTEE is the same as LICENSEE.
PERSON. An individual, proprietorship, partnership, corporation, association or other legal entity.
PREMISES. The real property upon which the sexually-oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually-oriented business, the grounds, private walkways and parking lots and/or parking garages adjacent thereto, under the ownership, control or supervision of the licensee, as described in the application for a business license.
PRINCIPAL USE. A substantial or significant use, but not necessarily a majority of the business activity or stock in trade. The fact that a business may have one or more other PRINCIPAL USES unrelated to sexually-oriented business shall not relieve the business from the provisions of this chapter applicable to sexually-oriented business establishments. PRINCIPAL USE shall exist in the following circumstances:
(1) Where a business establishment dedicates, or permits the use of, at least 25% of the utilized square footage of its premises for sexually-oriented business activity or activities; or
(2) Where at least 25% of the gross receipts of a business establishment, excluding food and beverage receipts, result from sexually-oriented business activity or activities.
PUBLIC BUILDING. Any building owned, leased or held by the United States, the state, the county, a city, town, township, any special district, school district or any other agency or political subdivision of the state or the United States, which building is used for government 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 or bicycle paths, open space, wilderness areas or similar public land within the county which is under the control, operation or management of the United States, the state, the county, a city, town, township, any special district, school district or any other agency or political subdivision of the state or the United States.
REGULARLY. As used in the phrases herein such as “regularly features” and “regularly offers”, the term “regularly” means a consistent and repeated course of conduct engaged in or permitted by the operator of the business.
RELIGIOUS INSTITUTION. Any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.
RESIDENCE. Any structure, manufactured home or mobile home used by one or more persons as a dwelling.
RESIDENTIAL DISTRICT OR USE. A single-family, duplex, townhouse, multiple-family or mobile home park or subdivision and campground as defined in the County Code.
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.
SELF-DESIGNATED SEXUALLY-ORIENTED BUSINESS CENTER. Any establishment which designates all or a portion of its premises as for adults only and has a policy of excluding minors from its premises or from a portion of its premises and which advertises so as to convey the impression that the services, entertainment, matter or goods available at the premises or at the portion of the premises designated for adults only are characterized or distinguished by displays of human genitals or sexual activities.
SEMI-NUDE OR SEMI-NUDITY. The appearance of the female breast below a horizontal line across the top of the areola at its highest point. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit or other wearing apparel provided the areola is not exposed in whole or in part.
SEMI-NUDE MODEL STUDIO. Any place where a person, who regularly appears in a state of semi-nudity, is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons.
SEX CLUB also known as a SWINGERS CLUB. An establishment which provides patrons the opportunity to voluntarily engage in and/or view live consensual sexual activity and which collects remuneration of any kind, including entrance fees, facility use fees, gratuities, fees for goods provided for in excess of their value and/or donations.
SEXUAL DEVICE. Any three-dimensional object designed and marketed for stimulation of the male or female human genital organ or anus, or for sadomasochistic use or abuse of oneself or others, and shall include devices such as dildos, vibrators and penis pumps, and shall also include other devices with non-sex related utility, such as leather whips, straps and ligatures, when such devices are marketed in a context suggesting sexual or sado-masochistic purposes. Nothing in this definition shall be construed to include devices primarily intended for protection against sexually transmitted diseases or for preventing pregnancy. Nothing in this definition shall be construed to restrict sales by any pharmacy, drug store, medical provider or any establishment primarily dedicated to providing medical or healthcare products or services.
SEXUAL DEVICE SHOP. A commercial establishment that regularly features sexual devices. Nothing in this definition shall be construed to include any pharmacy, drug store, medical clinic or any establishment primarily dedicated to providing medical or healthcare products or services.
SEXUAL ENCOUNTER CENTER OR ESTABLISHMENT.
(1) A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
(a) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(b) Activities between persons of the opposite sex and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity.
(2) A principal business purpose exists if the services offered are intended to generate business income.
SEXUALLY-ORIENTED BUSINESS. An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio or sexual encounter center.
SPECIFIED ANATOMICAL AREAS. Includes any of the following:
(1) The human male genitals in a discernibly turgid state, even if fully and opaquely covered; or
(2) Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.
SPECIFIED CRIMINAL ACTIVITY. Includes 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; sexual assault; molestation of a child; or any similar sex-related offenses to those described above under the criminal or penal code of this state, other states or other 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 imposed 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 imposed for the last conviction, whichever is the later date, if the convictions are for 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.
SPECIFIED SEXUAL ACTIVITIES. Includes any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts, whether covered or uncovered;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
(3) Masturbation, actual or simulated; or
(4) Excretory functions as part of or in connection with any of the activities set forth in divisions (1) through (3) above.
SUBSTANTIAL ENLARGEMENT OF SEXUALLY-ORIENTED BUSINESS. The increase in floor areas occupied by the business by more than 15%, as the floor areas existed on the effective date of this chapter.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY-ORIENTED BUSINESS. Includes any of the following:
(1) The sale, lease or sublease of the business;
(2) The transfer of securities that form 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 that 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. passed 9-1-2006)