For the purposes of this Chapter the terms hereafter set forth shall have the following meanings:
(a) Adult bookstore or adult video store means a commercial establishment that, as one of its principle business purposes offers for sale or rental 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 reproduction, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas."
(2) Instruments, devices, or paraphernalia that are designed for use in connection with "specified sexual activities".
(b) A commercial establishment may have other principle 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 adult bookstore or adult video store. Such other business purposes 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 principle 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". A principle business purpose need not be a primary use of an establishment so long as it is a significant use based upon the visible inventory or commercial activity of the establishment.
(c) Adult cabaret means a night club, bar, restaurant or other similar commercial establishment that regularly features:
(1) Persons that appear in a state of nudity or semi nudity; or
(2) Live performances that are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
(3) Films, motion pictures, video cassettes or photographic reproductions that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or
(4) Persons engaged in lewd, lascivious, or erotic dancing or performances that are intended for the sexual interest or titillation of an audience or customers.
(d) Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, videos cassettes, slides or similar photograph reproduction are regularly shown that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
(e) Commercial establishment means and 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 addition of any sexually oriented business to any other existing sexually oriented business; or
(f) Licensed day care center means a facility by the State of West Virginia, whether situated within the City or not that provides care, training, education, custody, treatment or supervision for four or more children under the age of eighteen years of age, where such children are not related by blood, marriage or by adoption to the owner of the facility, for less than twenty-four hours a day, regardless of whether or not the facility is operated for profit or charges for services it offers.
(g) Permitee means a person in whose name a City permit to operate a sexually oriented business has been issued as well as the individual(s) listed as an applicant on the application for a permit.
(h) Nudity or state of nudity means the appearance of human bare buttock, anus, male genitals, female genitals, or female breast without a fully opaque covering of the breast below a point immediately above the top of the areola or human male genitals in a discernibly turgid state even if completely and opaquely covered.
(i) Person means an individual, proprietorship, partnership, corporation, association or other legal entity.
(j) Specified anatomical areas means the male genitals and/or the vulva or more intimate parts of the female genitals.
(k) Specified sexual activities means and includes any of the following:
(1) The fondling or other erotic touching of human genitals, public 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 paragraphs (k)(1) to (3).
(l) City Administrator shall mean the person designated by the Mayor and approved by the City Council as the City Administrator for the City of Keyser or any other such person as said City Administrator so designates in his or her place or stead to receive the filing of forms, registrations, exemption applications, and to undertake the duties of this Ordinance. (Ord. 260. Passed 3-7-02.)