As used in this chapter:
(a) Adult arcade. "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 specific sexual activities or specific anatomical areas.
(b) Adult bookstore, adult video store. "Adult bookstore" or "adult video store" means a commercial establishment which utilizes twenty-five percent or more of its retail selling area for the purpose of 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, video reproductions, slides or other visual representations, which depict or describe specific sexual activities or specific anatomical areas; or
(2) Instruments, devices or paraphernalia which are designed for use in connection with specific sexual activities.
(c) Adult cabaret. "Adult cabaret" means a nightclub, bar, restaurant or similar commercial establishment which regularly features:
(1) Persons who appear in a state of nudity;
(2) Live performances which are characterized by the exposure of specific anatomical areas or by specific sexual activities; or
(3) Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specific sexual activities or specific anatomical areas.
(d) Adult motel. "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 specific sexual activities or specific anatomical areas; and has a sign visible from the public right-of-way which 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 a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.
(e) Adult motion picture theater. "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 exposure of specific sexual activities or specific anatomical areas.
(f) Adult theater. "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 specific sexual activities or specific anatomical areas.
(g) Chief of Police. "Chief of Police" means the Chief of Police of the city or his or her designated agent.
(h) Escort. "Escort" means 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.
(i) Escort agency. "Escort agency" means 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.
(j) Establishment. "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
(4) The relocation of any sexually oriented business.
(k) Licensee. "Licensee" means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license.
(l) Nude model studio. "Nude model studio" means any place where a person who appears in a state of nudity or displays specific anatomical areas is provided to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons who pay money or any form of consideration.
(m) Nudity, state of nudity. "Nudity" or "state of nudity" means:
(1) The appearance of a human bare buttocks, anus, male genitals, female genitals or female breasts; or
(2) A state of dress which fails to opaquely cover a human buttocks, anus, male genitals, female genitals or the entire female breasts.
(n) Operates, causes to operate. "Operates" or "causes to operate" means to cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner or licensee of the business.
(o) Person. "Person" means an individual, proprietorship, partnership, corporation, association or other legal entity.
(p) Public park. "Public park" means 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 bicycle paths, open space, wilderness areas or similar public land within the city which is under the control, operation or management of the city, county or state.
(q) Residential district. "Residential district" means a single-family, duplex, townhouse, multiple-family or mobile home zoning district.
(r) Residential use. "Residential use" means a single-family, duplex, multiple-family or mobile home park, mobile home subdivision and campground use.
(s) School. "School" means 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 ground, but does not include the facilities used primarily for another purpose and only incidentally as a school.
(t) Semi-nude. "Semi-nude" means a state of dress in which clothing covers no more than the genitals, the pubic region and an entire female breast, as well as portions of the body covered by supporting straps or devices.
(u) Sexual encounter center. "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-nude.
(v) Sexually oriented business. "Sexually oriented business" means an adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio or sexual encounter center.
(w) Specific anatomical areas. "Specific anatomical areas" mean human genitals in a state of sexual arousal.
(x) Specific sexual activities. "Specific 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; and
(4) Excretory functions as part of or in connection with any of the activities set forth in paragraph (x)(1) to (3) hereof.
(y) Substantial enlargement. "Substantial enlargement" of a sexually oriented business means the increase in floor area occupied by the business by more than 25 percent, as the floor area exists on March 1, 1998.
(z) Transfer of ownership or control. "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.
(Ord. 98-O-24, passed 4-6-1998)