§ 113.02  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ADULT BOOKSTORE.  A building or portion of a building used for the barter, rental or sale of items consisting of adult media if the building or portion of a building is not open to the public generally but only to one or more classes of the public, excluding any minor by reason of age or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
   ADULT CABARET.  A building or portion of a building used for providing dancing or other live entertainment, if the building or portion of a building excludes minors by virtue of age or if the dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas.
   ADULT MEDIA.  Includes printed matter, magazines, newspapers, books, pictures, slides, records, audio tape, videotape, motion picture trim, compact discs, digital video discs, floppy discs and other communicative materials which are distinguished or characterized by their emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas.
   ADULT MINI-MOTION PICTURE THEATER.  A building or portion of a building with a capacity for less than 50 persons used for presenting material if the building or portion of a building as a prevailing practice excludes minors by virtue of age, or if the material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.
   ADULT MOTION PICTURE ARCADE.  Any place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically or mechanically controlled or operated still or motor picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any on time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
   ADULT MOTION PICTURE THEATER.  A building or portion of a building with a capacity of 50 or more persons used for presenting material if the building or portion of a building as a prevailing practice excludes minors by virtue of age or if the material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.
   ADULT NOVELTY BUSINESS.  A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designated for sexual stimulation.
   ADULT USE, PRIMARY.  An adult bookstore, adult cabaret, adult mini-motion picture theater, adult motion picture arcade, adult motion picture theater, adult novelty business or any other use, business or establishment meeting any of the following:
      (1)   Advertising, or otherwise holding itself out, in any forum as featuring “adult”, “hardcore”, “XXX”, “sex” or otherwise as an adult use, despite having 10% or less of its stock in trade or floor area allocated to, or 20% or less of its gross receipts derived from adult media rentals or sales for the customer’s private use off-premises;
      (2)   Having more than 10% of its stock in trade or floor area allocated to, or more than 20% of its gross receipts derived from adult media rentals or sales;
      (3)   Providing any form of on-premises entertainment with an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas; or
      (4)   An adult use not meeting the definition of adult use-incidental or adult use-nonprotected in Chapter 150, the adult use zoning ordinance.
   ADULT USES.  Include enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas which are capable of being seen by members of the public. Licensed or accredited veterinary, medical or educational establishments shall not be considered ADULT USES.
   LIVE ENTERTAINMENT.  An employee, agent or independent contractor of an adult use-primary, whether or not paid a salary, wages or other compensation, who performs a dance routine, exhibition or other live performance distinguished or characterized by an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas during the course of the routine, exhibition or performance.
   PATRON.  Any spectator, customer, club member, invitee or member of the public invited or allowed to attend, whether or not an admission charge or dues is levied, an adult use-primary for the purpose of viewing, purchasing or renting an exhibition, performance, presentation, display, depiction or description of specified sexual activities or specified anatomical areas.
   PREMISES.  The real property upon which the adult use-primary is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the licensed establishment, the grounds, sidewalks and walkways not in the public right-of-way and parking lots or garages under the ownership, control or supervision of the adult use-primary.
   PRINCIPAL OWNER(S).  Sole proprietor if the business is a sole proprietorship, all individual partners in a partnership who hold more than a 5% interest in the partnership, the general and/or limited partners in a limited liability partnership if the partner or limited partner holds more than a 5% interest in the limited liability partnership, all members of a limited liability company who hold more than a 5% interest in the limited liability company, principal stockholders of a corporation (having ownership of more than 5% of outstanding issued shares). In the event no PRINCIPAL OWNER for the business entity is identified pursuant to the foregoing criteria, the PRINCIPAL OWNER shall be determined to be the individual or individuals with managerial decision making power, i.e., the right to hire, fire and enter into contracts on behalf of the adult use-primary.
   SPECIFIED ANATOMICAL AREAS.
      (1)   Less than completely and opaquely covered human genitalia, pubic region, perineum anal region, natal cleft or the nipple and/or areola of the female breast(s).
      (2)   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
   SPECIFIED CRIMINAL ACTIVITY.
      (1)   Prostitution or promotion of prostitution; dissemination of obscenity of a sexual nature; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; sexual assault; molestation of a child; or any similar sex-related offenses to those described above under the criminal or penal code of this state, other states or other countries.
      (2)   For which:
         (a)   Less than three years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense, or offense with a maximum penalty of one year or less imprisonment; or
         (b)   Less than ten years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a felony offense, or offense with a maximum penalty of greater than one year imprisonment.
      (3)   Whether or not a conviction is being appealed shall not be considered in the implementation of this chapter.
   SPECIFIED SEXUAL ACTIVITIES.
      (1)   Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexual-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty, pygmalionism, urolagia;
      (2)   Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence;
      (3)   Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation;
      (4)   Fondling or touching of nude human genitals, pubic region, buttocks or female breast;
      (5)   Situations involving a person or persons, any of whom are in a state of nudity, or clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons;
      (6)   Erotic or lewd touching, fondling or other sexually-oriented contact with an animal by a human being; or
      (7)   Human erection, urination, menstruation, vaginal or anal irrigation.
   STATE OF NUDITY.
      (1)   The showing of the human male or female genitalia, pubic hair, perineum anal region, or natal cleft with less than a fully opaque covering;
      (2)   The showing of the female breast with less than a fully opaque covering of any part of the nipple and/or areola;
      (3)   The exposure of any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum anal region or pubic hair region; or
      (4)   The exposure of any device worn as a cover over the nipple and/or areola of the female breast, which device simulates and gives the realistic appearance of nipples and/or areola.
(Ord. 93, passed 11-18-2002)