As used in this chapter:
(a) ADULT ARCADE means 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 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 distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas".
(b) ADULT BOOKSTORE or ADULT VIDEO STORE means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or
(2) Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities".
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 bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishment 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 which depict or describe "specified sexual activities" or "specified anatomical areas". In determining the definition of "principal business purposes", the Department of Community and Economic Development (hereinafter "the Department") may use either of the following measures:
(3) If the sale or rental of material depicting "specified sexual activities" accounts for more than one-half of the gross receipts for the most recent tax year; or
(4) If the display of material depicting "specified sexual activities" takes up more than one-half of the gross leasable space of the establishment (excluding space devoted to rest rooms, offices, and common areas).
(c) ADULT CABARET means a nightclub, bar, restaurant or similar commercial establishment which features:
(1) Persons who appear in the state of nudity or semi-nudity;
(2) Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or a live performance, display or dance of any type, which has as a significant or substantial portion of the performance any actual or simulated performance exhibition and receipt of "specified sexual activities"; or
(3) 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".
(Ord. 4836. Passed 1-26-00.)
(d) ADULT MOTEL means a hotel, motel or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration; 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 has a sign visible from a public right of way which advertises the availability of these adult types of photographic reproductions; or
(2) Offers sleeping rooms for rent four or more times in one calendar day running five or more calendar days in any continuous thirty-day period.
(e) ADULT MOTION PICTURE THEATER means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
(f) ADULT THEATER means a theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or "specified sexual activities".
(g) CHILD-ORIENTED BUSINESS means a commercial establishment which, as one of its principal business purposes, serves and/or sells to children and their families food, apparel, goods, services, play and/or entertainment.
(h) ESCORT means a person who, for a 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.
(i) ESCORT AGENCY means a person or business association who or which furnishes, offers to furnish, or advertises to furnish escorts as one of his, her or its primary business purposes for a fee, tip or other consideration.
(j) LICENSEE and/or PERMITTEE means 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 for a permit and/or license.
(k) NUDE MODEL STUDIO means 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, sculpted, photographed or similarly depicted by other persons who pay money or any other form of consideration therefor.
(l) NUDITY or a STATE OF NUDITY means the appearance of the human bare buttock, anus, male genitals, female genitals or female breast.
(m) PERSON means an individual, sole proprietorship, partnership, corporation, association or other legal entity.
(n) SEMI-NUDE means a state of dress in which the clothing covers no more than the genitals, pubic region and areola of the female breast, as well as other portions of the body covered by supporting straps or devices.
(o) SEXUAL ENCOUNTER CENTER means a business or commercial enterprise that, as one of its primary business purposes, offers, for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity.
This term does not include an enterprise in which massage therapy that does not involve "specified sexual activities" is provided by a professional massage therapist who is licensed or certified by a national massage therapist professional organization that has an explicit and enforced policy statement which fully deals with the concerns raised by this chapter and furthers the purposes of this chapter.
(p) SEXUALLY ORIENTED BUSINESS means 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.
(q) SPECIFIED ANATOMICAL AREAS means the male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.
(r) SPECIFIED SEXUAL ACTIVITIES means and includes any of the following:
(1) The fondling or other erotic 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; or
(4) Excretory functions as part of or in connection with any of the activities set forth above.
(s) SUBSTANTIAL ENLARGEMENT of a sexually oriented business means the increase in floor area occupied by the business by more than twenty-five percent, as the floor area existed on the date of enactment of this chapter.
(t) TRANSFER OF OWNERSHIP OR CONTROL of a sexually oriented business means and includes 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 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 of the business.
(Ord. 4818. Passed 1-27-99.)