For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ARCADE. 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.
ADULT BOOKSTORE or ADULT VIDEO STORE. 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.
ADULT CABARET. 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 specified anatomical areas or by 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.
ADULT MOTEL. 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 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 subrent the room for a period of time that is less than ten hours.
ADULT MOTION PICTURE THEATER. 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 of specific anatomical areas.
ADULT THEATER. 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 by specified sexual activities.
APPLICANT.
(1) A person in whose name a license to operate a sexually oriented business will be issued;
(2) Each individual who signs an application for a sexually oriented business as required by this chapter;
(3) Each individual who is an officer of a sexually oriented business for which a license application is made, regardless of whether the individual's name or signature appears on the application;
(4) Each individual who has a 20% or greater ownership interest in a sexually oriented business for which a license application is made, regardless of whether the individual's name appears on the application; and
(5) Each individual who exercises substantial de facto control over a sexually oriented business for which a license application is made, regardless of whether the individual's name or signature appears on the application.
CHIEF OF POLICE. The Chief of Police of the town or a designated agent of the Chief.
CONVICTION. A conviction in a federal court or a court of any state or foreign nation or political subdivision of a state or foreign nation that has not been reversed, vacated, or pardoned. CONVICTION includes disposition of charges against a person by probation.
EMPLOYEE.
(1) Any person who renders any service whatsoever to the customers of a sexually oriented business or who works on the premises of a sexually oriented business that receives any form of compensation, including tips or gratuities, from the operator, manager, customers, other employees or entertainment personnel and in exchange therefor:
(a) Renders any work, service, performance or exhibition whatsoever, directly or indirectly, to or for a customer; or
(b) Renders any other support service whatsoever, directly or indirectly, for or on behalf of the furtherance of the business operations.
(2) EMPLOYEE includes, but is not necessarily limited to, bartenders, cashiers, dancers, disc jockeys, escorts, hosts, hostesses, models, masseurs, outcall persons, strippers, models, waiters, waitresses, or other persons working on or about the premises.
ESCORT. 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 strip tease for another person.
ESCORT AGENCY. 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.
ESTABLISHMENT. 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.
LICENSEE. 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.
NUDE MODEL STUDIO. 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, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.
NUDITY or STATE OF NUDITY.
(1) The appearance of a human bare buttock, anus, male genitals, female genitals or female breast; or
(2) A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals or areola of the female breast.
OPERATES or CAUSES TO BE OPERATED. 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.
OPERATOR.
(1) The person(s) in whose name a valid license has been issued for a sexually oriented business pursuant to this chapter; and
(2) Each individual listed as an applicant on the application for a sexually oriented business license; and
(3) Each individual who is an officer of a sexually oriented business for which a license has been issued, regardless of whether the individual's name or signature appears on the application; and
(4) Each individual who has a 20% or greater ownership interest in a sexually oriented business for which a license has been issued, regardless of whether the individual's name appears on the application; and
(5) Each individual who exercises substantial de facto control over a sexually oriented business for which a license has been issued, regardless of whether the individual's name or signature appears on the application; and
(6) The person(s) in whose a name a specialized certificate would be required in order to lawfully operate a sexually oriented business pursuant to this chapter; and
(7) Any individual who is in control of the operations of a sexually oriented business, either on an hourly basis, daily basis, weekly basis or shift basis or any combination thereof; and
(8) The person(s) who operates or causes to be operated any form of sexually oriented business, which is subject to regulation pursuant to this chapter.
OUTCALL BUSINESS. A commercial venture that provides employees or entertainment personnel who, in exchange for a fee, commission, tip or other consideration, goes to the location requested by the customer and while there:
(1) Privately models lingerie or other intimate wearing apparel; or
(2) Privately performs a strip tease; or
(3) Privately performs a semi-nude or nude modeling session; or
(4) Bathes or massages the customer;
(5) But shall not include persons otherwise engaged in legitimate, non-sexually oriented activities or services such as licensed private nurses, licensed physical therapists, aides for the elderly or handicapped, or similar persons whose business or service relationship with their patron is not characterized by sexually oriented activities.
PERSON. An individual, proprietorship, partnership, corporation, association or other legal entity.
RESIDENTIAL DISTRICT. A single-family, duplex, medium density, multiple-family or mobile home zoning district as defined in the town zoning ordinance.
RESIDENTIAL USE. A single-family, medium density, multi-family use or mobile home use as defined in the town zoning ordinance.
SEMI-NUDE. A state of dress in which clothing covers no more than the genitals, pubic region and areola of a female breast, as well as portions of the body covered by supporting straps or devices.
SEXUAL ENCOUNTER CENTER. 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, tumbling or other physical interaction 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.
SEXUALLY ORIENTED BUSINESS. 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.
SIGN. Any on-premise display, design, pictorial, or other representation that is constructed, placed, attached, painted, erected, fastened or displayed in any manner whatsoever so that it is visible from the outside of a sexually oriented business and used to seek the attraction of the public to any goods, services, or merchandise available at the sexually oriented business. The term SIGN also includes any representation painted on or otherwise affixed to any exterior portion of a sexually oriented business establishment or to any part of the tract upon which the establishment is situated.
SPECIFIED ANATOMICAL AREAS. Human genitals in a state of sexual arousal.
SPECIFIED SEXUAL ACTIVITIES. 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 in divisions (1) through (3) of this definition.
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS. The increase in floor area occupied by the business by more than 25%, as the floor area exists on the date a license is originally issued to an applicant.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS. Includes any of the following:
(1) The sale, lease, sublease or conveyance in any form of the business, either of its assets or its operational rights;
(2) The transfer of securities of any kind or nature, including debt or equity securities, which constitute a controlling interest in the business, whether by sale, exchange, foreclosure, enforcement of lien or security interests or similar means; or
(3) The transfer by reason of death or disability or bankruptcy to any person or business entity of an interest of 20% or more of the licensee.
(Ord. 310, passed 3-11-2010)