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 (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on the depiction or description 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:
(A) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, video reproductions, slides, or other visual representations which are characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas"; or
(B) Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities".
ADULT CABARET: A commercial establishment which regularly features:
(A) Persons who appear nude or in a state of nudity or seminudity; or
(B) Live performances which are characterized by the exposure of specified anatomical areas or by the exhibition of specified sexual activities.
ADULT MOTEL: A hotel, motel, or similar commercial establishment which:
(A) Offers accommodations to the public for any form of consideration; provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by an emphasis on 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;
(B) Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
(C) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.
ADULT MOTION PICTURE THEATER: A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown which are characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas".
CHURCH OR OTHER PLACE OF WORSHIP: A building which is used primarily for religious worship and related religious activities, including, but not limited to, churches, convents, monasteries, shrines, and temples.
CITY: The city of Lewistown, Montana.
ESTABLISHMENT: Means and includes any of the following:
(A) The opening or commencement of any sexually oriented business as a new business;
(B) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(C) The additions of any sexually oriented business to any other existing sexually oriented business; or
(D) The relocation of any sexually oriented business.
NUDITY OR A STATE OF NUDITY: (A) The appearance of a human bare buttock, anus, male genitals, female genitals, or areola or nipple of the female breast, or
(B) A state of dress which fails to opaquely and fully cover human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.
SEXUALLY ORIENTED BUSINESS: An "adult arcade", "adult bookstore", "adult cabaret", "adult video store", "adult motel", or "adult motion picture theater".
SPECIFIED ANATOMICAL AREA: The male genitals and/or the vulva or more intimate parts of the female genitals.
SPECIFIED SEXUAL ACTIVITIES: Means and includes any of the following:
(A) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(B) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(C) Masturbation, actual or simulated; or
(D) Excretory functions as part of or in connection with any of the activities set forth in subsections (A) through (C) of this definition.
TRANSFER OF OWNERSHIP OR CONTROL OF SEXUALLY ORIENTED BUSINESS: Means and includes any of the following:
(A) The sale, lease, or sublease of the business;
(B) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or
(C) 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. 1725, 3-16-2009)