For the purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them in this section.
(1) "Adult entertainment business" means those businesses defined as follows:
(A) "Adult bookstore" means any establishment which has as a substantial or significant portion of its stock in trade:
(i) Books, films, magazines or other periodicals or other forms of audio or visual representation which are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas, or
(ii) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
(B) "Adult cabaret" means any nightclub, theater, bar or other establishment which features live or media representations of performances by topless or bottomless dancers, go-go-dancers, exotic dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(C) "Adult entertainment establishment" means any establishment which is customarily open only to one or more classes of the public, excluding any minor under the age of eighteen years by reason of age.
(D) "Adult mini motion picture theater" means any enclosed or unenclosed building with a capacity of less than fifty persons used for presenting any form of audio or visual material and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
(E) "Adult model studio" means any place where, for any form of consideration of gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying such consideration or gratuity.
(F) "Adult motel" means any motel or similar establishment offering public accommodations for any consideration, which provides patrons with material distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
(G) "Adult motion picture arcade" means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically 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 an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
(H) "Adult motion picture theater" means any enclosed or unenclosed building with a capacity of fifty or more persons used for presenting any form of audio or visual material and in which substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
(I) "Adult theater" means a theater, concert hall, auditorium or other similar establishment, either indoor or outdoor in nature, which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.
(J) "Body painting studio" means any establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the human body when such body is wholly or partially nude or where specified anatomical areas are exposed.
(K) "Other adult entertainment businesses" means any other business or commercial establishment not defined in this section:
(i) Wherein, for any form of consideration, the establishment provides entertainment to patrons in which a substantial portion of the total presentation time is characterized by an emphasis on depicting, describing or relating to specified sexual activities or specified anatomical areas; and/or
(ii) Which devotes more than fifty percent of the total area used for display of its stock in trade to items, instruments and paraphernalia which are characterized by an emphasis on depicting, describing or relating to specified sexual activities.
(2) "Sexual encounter center" means any business, agency, or person who, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activity or exposing specified anatomical areas.
(3) "Establish" means and includes any of the following:
(A) The opening or commencement of operation of any adult entertainment business; or
(B) The conversion of any existing business, whether or not an adult entertainment business, to any adult entertainment business; or
(C) The relocation of any adult business; or
(D) The addition of any adult entertainment business to any existing adult entertainment business if the addition results in an enlargement of the place of business. For the purpose of this section, enlargement shall mean an increase in the size of the building within which the business is conducted by either construction or use of an adjacent building or portion thereof, which is located on the same or an adjacent lot or parcel of land.
(4) "Specified anatomical areas" means and includes any of the following:
(A) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola; or
(B) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(5) "Specified sexual activities" include the following:
(A) 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 depicted sexually oriented acts or conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism.
(B) Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence.
(C) Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation.
(D) Fondling or touching of nude human genitals, public region, buttocks or female breast.
(E) Masochism, erotic or sexually oriented torture, beating or the infliction of pain.
(F) Erotic or lewd touching, fondling or other contact with an animal by a human being.
(G) Human excretion, urination, menstruation, vaginal or anal irrigation.
(Ord. 612 Exhibit A (part), 2008).