For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ARCADE. Any place, wherein coin-operated or token-operated electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image producing devices are maintained to show images to persons, and where images so displayed are distinguished or characterized by depicting or describing specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE. An establishment having a substantial or significant portion of its stock in trade, books, magazines, films for sale or for viewing on the premises by use of motion picture devices or by coin-operated means, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined below), or an establishment with a segment or sections devoted to the sale or display of such materials; or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, presence of video preview or coin operated booths, exclusion of minors from such establishments, or any other factors showing the establishment’s primary purpose is to purvey such material.
ADULT ENTERTAINMENT CABARET. A public or private establishment which:
(1) Features topless or nude dancers, strippers, “go-go” dancers, male or female impersonators, lingerie or bathing suit fashion shows;
(2) Not infrequently features entertainers who display specified anatomical areas; or
(3) Features entertainers who by reason of their appearance or conduct perform in a manner which is designed primarily to appeal to the prurient interest of the patron or features entertainers who engage in or are engaged in explicit simulation of specified sexual activities (as defined below).
ADULT NIGHTCLUB. An establishment which presents any form of entertainment which has an emphasis on specific sexual activities or specified anatomical areas (as defined below).
ADULT NOVELTY STORE. An establishment having a substantial or significant portion of its sale or stock in trade consisting of toys, devices, novelty clothing, lotions and other items distinguished or characterized by their emphasis on or use for specialized sexual activities or specified anatomical areas (as defined below) or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, exclusion of minors from the establishment, or any other factors showing the establishment’s primary purpose is to purvey such material.
ADULT THEATER. An enclosed building or area used for presenting films or other presentations distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas (as defined below) for observation by patrons.
OBSCENITY. Material of which the dominant theme taken as a whole appeals to the prurient interests and is without any redeeming social importance if it goes substantially beyond the customary limits of candor in description or representation.
SPECIFIED ANATOMICAL AREAS. Less than completely or opaquely covered: human genitals, or pubic region, buttock and female breast below a point immediately above the top of the areola; and human genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy, fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
(1999 Code, § 7-8-1)