As used in this chapter:
(a) "Knowledge" or "knowledge of such nuisance" means having knowledge of the content and character of patently offensive sexual conduct or demonstrations that appear in a film or publication, or knowledge of acts of lewdness, assignation or prostitution that occur on any premises.
(b) "Lewd" means any matter which:
(1) An average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and
(2) Depicts or describes patently offensive representations or descriptions of:
A. Ultimate sexual acts, normal or perverted, actual or simulated; or
B. Masturbation, excretory functions or an exhibition of the genitals or the genital area.
Nothing herein contained is intended to include or prescribe any matter which, when considered as a whole, and in the context in which it is used, possesses serious literary, artistic, political or scientific value.
(c) "Massage" means any method of treating the superficial soft parts of the human body for remedial, hygienic or other purposes, consisting of rubbing, stroking, kneading or similar treatment, accomplished by hand or by the use of any instrument.
(d) "Massage parlor" means any building or structure or portion thereof located within the City which is open to members of the general public, with or without the payment of a fee, at which massage services are offered.
(e) "Matter" means a motion picture film or a publication, or both.
(f) "Model studio":
(1) Means any premises on which there is conducted the business of furnishing figure models who pose in the nude for the purpose of being observed or viewed by any person or for the purpose of being sketched, painted, drawn, sculpted, photographed or otherwise similarly depicted for persons who pay a fee, compensation, gratuity or other consideration for the right or opportunity to so depict the figure model, or for admission to, for permission to remain upon, or as a condition for remaining upon, the premises; or
(2) Means any premises where there is conducted the business of furnishing, providing or procuring, for a fee, compensation, gratuity or other consideration, figure models who pose in the nude to be observed or viewed by any person or to be sketched, painted, drawn, sculpted, photographed or otherwise similarly depicted.
(3) Does not include:
A. Any studio which is operated by any State college, junior college, public school or governmental agency wherein the person operating it has met the requirements established by the Commonwealth for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma or honorary diploma;
B. Any premises where there is conducted the business of furnishing, providing or procuring figure models solely for any studio described in paragraph (f)(3)A. hereof; or
C. Any studio operated by a tax exempt, nonprofit corporation devoted to the development of art and its appreciation.
(g) "Motion picture film" means and includes any:
(1) Film or plate negative;
(2) Film or plate positive;
(3) Film designed to be projected on a screen for exhibition;
(4) Film, glass slide or transparency, either in negative or positive form, designed for exhibition by projection on a screen; or
(5) Video tape or any other medium used to electronically reproduce images on a screen.
(h) "Nude" means and includes:
(1) Completely without clothing; or
(2) The human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple, or the covered male genitals in a discernibly turgid state.
(i) "Person" means any individual, partnership, firm, association, corporation or other legal entity.
(j) "Place" includes, but is not limited to, any building, structure or space, or any separate part or portion thereof, whether permanent or not, or the ground itself.
(k) "Publication" includes any book, magazine, article, pamphlet, writing, printing, illustration, picture, sound recording or motion picture film which is displayed in an area open to the public, offered for sale or exhibited in a coin-operated machine.
(l) "Sale" means a passing of title or right of possession from a seller to a buyer for valuable consideration, including, but not limited to, any lease or rental arrangement or other transaction wherein or whereby any valuable consideration is received for the use of, or for the transfer of possession of, lewd matter.
(Ord. 4092. Passed 2-8-78.)