As used in this chapter:
(a) When considered as a whole, and judged with reference to ordinary adults, or, if it is designed for sexual deviates, or other specially susceptible group, judged with reference to such group, any material or performance is “obscene” if the following apply:
(1) Its dominant appeal is to prurient interest;
(2) Its dominant tendency is to arouse lust by displaying or depicting sexual activity, masturbation, sexual excitement or nudity in a way which tends to represent human beings as mere objects of sexual appetite;
(3) Its dominant tendency is to arouse lust by displaying or depicting bestiality or extreme or bizarre violence, cruelty or brutality;
(4) Its dominant tendency is to appeal to scatological interest by displaying or depicting human bodily functions of elimination in a way which inspires digest or revulsion in persons with ordinary sensibilities, without serving any genuine scientific, educational, sociological, moral or artistic purpose;
(5) When taken as a whole, it lacks serious literary, artistic, political or scientific value.
(b) “Sexual excitement” means the condition of human male or female genitals when in a stage of sexual stimulation or arousal.
(c) “Nudity” means the showing, representation or depiction of human male or female genitals, pubic area or buttocks with less than a full, opaque covering, or of a female breast with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.
(d) “Material” means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, phonographic record or tape or other tangible thing capable of arousing interest through sight, sound or touch.
(e) “Obscene” means that to the average person applying contemporary community standards:
(1) The predominant appeal of the matter taken as a whole is to prurient interest, i.e., a shameful or morbid interest in sexual conduct, nudity or excretion;
(2) The matter depicts or describes in a patently offensive manner sexual conduct;
(3) The work, taken as a whole, lacks serious literary, artistic, political or scientific value.
(f) “Person” means any individual, partnership, firm, association, corporation or other legal entity.
(g) “Disseminate” means to transfer possession of, with or without consideration.
(h) “Knowingly” means being aware of the character and the content of the material.
(i) “Performance” means any preview, play, show, skit, film, dance or other exhibition performed before an audience.
(j) “Available to the public” means that the matter or performance may be purchased or attended on a subscription basis, on a membership fee arrangement or for a separate fee for each item or performance.
(k) “Service to patrons” means the provision of services to paying guests in establishments providing food and beverages; including but not limited to, hostessing, hat checking, cooking, bartending, serving, table setting and clearing, waitering and waitressing, and entertaining.
(l) “Promote” means to cause, permit, procure, counsel or assist.
(Ord. 24-82. Passed 5-24-82.)