(a) Definitions:
(1) Amusement arcade means 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, computers 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 the depicting or describing of "specified sexual activities" as herein defined.
(2) Specified sexual activities means:
a. Human genitals in a state of sexual stimulation or arousal.
b. Acts of human masturbation, sexual intercourse, sodomy, oral sex, real or simulated, fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts, or sexual contact between humans and animals.
(3) Film or video viewing device means any electrical or mechanical device or computer which projects or displays any film or videotape, computer disk or reproduction, the temporary use of which is contingent upon the payment of some consideration and which use is to occur upon the premises where the device is located.
(4) Adult cabaret or adult dancing establishment means an establishment which features, as one of its principal business uses or as a regular use of its business, employees, agents, servants, independent contractors or entertainers, either male or female, who appear in public view of the patrons of the establishment at any time in a nearly nude state, as defined in subsection (a)(8) herein, including but not limited to go-go dancers, exotic or erotic dancers, strippers, male or female impersonators, or similar entertainers.
(5) Adult entertainment establishment means an "adult cabaret", "adult dancing establishment" or "sexual entertainment center".
(6) Adult entertainer means any person who appears in public view of the patrons of an adult entertainment establishment at any time in a nearly nude state, as defined in subsection (a)(8) herein, including but not limited to go-go dancers, exotic or erotic dancers, strippers, male or female impersonators, or similar entertainers. "Adult entertainment employee" means any individual working or performing services in any adult entertainment establishment, including any independent contractor who provides services on behalf of any adult entertainment establishment to or for the patrons of such business, but this does not include janitors, cooks, accountants, or other employees who do not have direct contact with patrons. Adult entertainment employees include, but are not limited to, dancers, bouncers, doormen, bartenders, and waiters working on the premises of adult entertainment establishments.
(7) Sexual entertainment center means any establishment, not otherwise specifically defined in this section, which regularly makes available to or for patrons of such businesses material, services, or entertainment appealing to "adult sexual interests", including but not limited to a public bath house, a public swingers' club, or similar public establishment if the establishment or its entertainment, services, or goods are offered or provided by or on behalf of the establishment in a manner patently designed to appeal to such adult sexual interests. Entertainment appealing to adult sexual interests, for purposes of sections 14-13 through 14-13.3 of this Code, shall mean any exhibition, live performance, display or dance of any type which has as a significant or substantial portion of such performance any "specified sexual activities", as defined in subsection (a)(2) herein, or the exhibition of any person or persons in a nearly nude state, as defined by subsection (a)(8).
(8) Nearly nude. A person is nearly nude when that person appears in public at any time in a state of dress or attire in which no more than the anus, genitals, pubic region, and areola of the female breast are opaquely covered. "Nearly nude" shall include, but not be limited to, the state of female dress or attire commonly known as "pasties" and "g-string" or "thong" whether or not worn in combination with accessory clothing such as gloves, hats, shoes, jewelry, stockings, and similar accessory garments.
(9) Nude. A person is nude when that person appears in such a manner as to expose to public view the anus, genitals, pubic region, or areola of the female breast.
(10) Entertainment area means an area in an adult entertainment establishment consisting of a platform or other structure raised not less than eighteen (18) inches above the immediately surrounding main floor area.
(11) Escort means any person who for monetary consideration in the form of a fee, commission or salary, is hired, or is held out to the public as available for hire, to consort with or to accompany another or others to social affairs, places of amusement or entertainment within any place of public resort or within private quarters.
(12) Escort agency means any person who for a fee, commission, profit, payment or other monetary consideration, furnishes, refers, or offers to furnish or refer escorts, or provides, or offers to introduce, patrons to escorts.
(13) Escort agency runner means any person, not an escort, who for a salary, fee, hire, reward, or profit, as the agent for either a sexually oriented escort or a sexually oriented escort agency, or a patron, contacts or meets with escort patrons or an escort or an escort agency at any location other than the established open office, as defined in subsection (16) herein, whether that person isemployed by the escort, the escort agency, or any business, or is self-employed.
(14) Offer to provide acts of sexual conduct means to offer, propose or solicit to provide sexual conduct to a patron. Such definition includes all conversations, advertisements, and acts which would lead a reasonably prudent person to conclude that such acts were to be provided.
(15) Sexual conduct means engaging in or the commission of an act of sexual intercourse, oral-genital contact, or the touching of the sexual organs, pubic region, buttock or female breast of a person for the purpose of amusing or gratifying sexual desire of another person.
(16) Open office means an office at the established place of business of a licensed escort agency from which escort business is transacted.
(17) Sexual gratification means sexual conduct as defined in subsection (15) herein.
(18) Sexual stimulation means to excite or arouse the prurient interest or to offer or solicit acts of sexual conduct as defined in subsection (15) herein.
(19) Sexually oriented acts means sexual conduct as defined in subsection (15) herein.
(20) Sexually oriented escort means an escort who:
a. Employs an escort agency runner as an employee, agent, or independent contractor;
b. Works for, as an agent, employee or independent contractor, or is referred to a patron by a sexually oriented escort agency;
c. Advertises, either directly or by implication, that sexual conduct will be provided or works for, as an agent, employee, or independent contractor, or is referred to a patron by an escort agency which so advertises;
d. Solicits, offers, agrees to provide or provides acts of sexual conduct to a patron; or
e. Accepts an offer of solicitation to provide acts of sexual conduct for a fee in addition to the fee charged by the escort agency.
(21) Sexually oriented escort agency means an escort agency which:
a. Engages in advertising to make the prospective patron believe that acts of sexual conduct or sexual stimulation will be provided;
b. Uses as escorts persons known to have been convicted of crimes involving prostitution or solicitation for prostitution;
c. Does not maintain an open office;
d. Uses an escort agency runner as an employee, agent or independent contractor;
e. Advertises, either directly or by implication, that sexual conduct will be provided or that escorts which provide such sexual conduct will be provided, referred, or introduced to a patron;
f. Solicits, offers or agrees to provide or provides acts of sexual conduct to a patron;
g. Employs, contracts with, or provides or refers escorts who do not possess an escort license;
h. Does not deliver contracts to every patron or customer; or
i. Employs, contracts with, or refers or provides to a patron, a sexually oriented escort.
(22) Service oriented escort means an escort who:
a. Operates from an open office;
b. Does not employ or use an escort agency runner;
c. Does not advertise, either directly or by implication, that sexual conduct will be provided or work for an escort agency that so advertises;
d. Does not offer, solicit, agree to provide, or provide sexual conduct; and
e. Is licensed as an escort.
(23) Service oriented escort agency means an escort agency which:
a. Maintains an open office;
b. Does not use an escort agency runner;
c. Does not advertise, either directly or by implication, that sexual conduct will be provided to a patron, or offer, solicit, agree to provide, or provide sexual conduct to a patron; and
d. Employs or provides only licensed escorts.
(b) Film or video viewing device specifications and requirements:
(1) Any amusement arcade containing film or video viewing devices shall comply with the requirements of subsection (b)(2) herein if the material exhibited by the devices depicts any of the specified sexual activities defined in subsection (a)(2).
(2) Each device and every viewing booth for all film or video devices must comply with all of the following:
a. Be visible from a well-illuminated continuous main aisle;
b. Not be obscured by any curtain, door or other enclosure;
c. All side or rear walls must be without holes or openings;
d. Shall not be occupied by more than one patron at a time;
e. Be illuminated by a light bulb of a wattage of no less than 25 watts.
(3) No owner, operator, employee, or agent of an amusement arcade shall violate this section and/or allow and/or permit a violation thereof to occur.
(4) No patron of an amusement arcade shall violate subsection (b)(2)d. above.
(5) Each violation of any provision of this section is subject to a fine of between one hundred dollars ($100.00) to five hundred dollars ($500.00) and/or imprisonment for a term not to exceed twelve (12) months in jail.
(Ord. No. 1-96, § 1, 1-11-96; Ord. No. 56-97, § 1, 4-3-97; Ord. No. 152-97, § 1, 7-10-97; Ord. No. 241-97, § 1, 11-20-97; Ord. No. 47-99, § 1, 3-2-99; Ord. No. 260-99, § 1, 9-23-99)