For the purpose of this chapter, the following definitions shall apply unless the context clearly requires a different meaning.
ADULT ARCADE. An establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors or similar machines, or other image producing machines, for viewing by five or fewer persons each, are used to show 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 BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE. A commercial establishment which devotes a significant or substantial portion of its stock-in-trade or interior floor space to; receives a significant or substantial portion of its revenues from; or devotes a significant or substantial portion of its advertising expenditures to the promotion of: the sale, rental or viewing (for any form of consideration) of books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”. An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing “specified sexual activities”ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE. Such other business purposes will not serve to exempt such establishment from being categorized as an ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE so long as the provisions hereof are otherwise met.
ADULT BUSINESS. An adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, sexual encounter establishment or nude model studio. The definition of ADULT BUSINESSES shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
ADULT CABARET. A club, restaurant, “pop shop” or similar commercial establishment which features:
(1) Persons who appear nude or in a state of nudity or semi-nude;
(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 motel, hotel or similar commercial establishment which:
(1) Offers public accommodations for any form of consideration and 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 which advertises the availability of this adult type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television;
(2) Offers a sleeping room for rent for a period of time less than ten hours; or
(3) Allows a tenant or occupant to sub-rent a sleeping room for a time period of less than ten hours.
ADULT MOTION PICTURE THEATER. A commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions depicting or describing “specified sexual activities” or “specified anatomical areas” are regularly shown for any form of consideration.
ADULT THEATER. A theater, concert hall, auditorium or similar commercial establishment which, for any form or consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of “specified anatomical areas” or by “specified sexual activities”.
EMPLOYEE. A person who works or performs in and/or for an adult business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.
ESTABLISHMENT. In regard to an adult business, means and includes any of the following:
(1) The opening or commencement of any such business as a new business;
(2) The conversion of an existing business into an adult business;
(3) The addition of an adult business to any other existing adult business; or
(4) The relocation of an adult business.
LICENSING OFFICER. The Town Clerk.
MANAGER. An operator, other than a licensee, who is employed by an adult business to act as a manager or supervisor of employees or is otherwise responsible for the operation of the business.
NUDE MODEL STUDIO. Any place where a person, who appears in a state of nudity or displays “specified anatomical areas”, is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons.
NUDITY or STATE OF NUDITY.
(1) The appearance of human bare buttocks, anus, male genitals, female genitals or the areola or nipple of the female breast; or
(2) A state of dress which fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.
OPERATOR. Includes the owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.
PEEP BOOTH. A viewing room of less than 150 square feet of floor space.
PERMITTEE and/or LICENSEE. A person in whose name a permit and/or license to operate an adult business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
PERSON. An individual, proprietorship, partnership, corporation, limited liability company, association or other legal entity.
PREMISES or PERMITTED OR LICENSED PREMISES. Any premises that requires a license and/or permit and that is classified as an adult business.
PRINCIPAL OWNER. Any person owning, directly or beneficially:
(1) Ten percent or more of a corporation’s equity securities;
(2) Ten percent or more of the membership interests in a limited liability company; or
(3) In the case of any other legal entity, 10% or more of the ownership interests in the entity.
PRIVATE ROOM. A room in an adult motel that is not a peep booth, has a bed and a bath in the room or adjacent room and is used primarily for lodging.
SEMI-NUDE. A state of dress in which clothing covers no more than the genitals, pubic region and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.
SEXUAL ENCOUNTER ESTABLISHMENT.
(1) A business or commercial establishment, that as one of its primary business purposes, offers, for any form of consideration, a place where two or more persons may congregate, associate or consort for the purpose of “specified sexual activities” or the exposure of “specified anatomical areas” or activities when one or more of the persons is in a state of nudity or semi-nude.
(2) An adult motel will not be classified as a SEXUAL ENCOUNTER ESTABLISHMENT by virtue of the fact that it offers private rooms for rent.
SEXUALLY-ORIENTED BUSINESS. This term shall have the same meaning as an ADULT ENTERTAINMENT ESTABLISHMENT, as regulated by this code.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED CRIMINAL ACTS. Sexual crimes against children, sexual abuse, rape or crimes connected with another adult business, including distribution of obscenity, prostitution or pandering.
SPECIFIED SEXUAL ACTIVITIES.
(1) The fondling or other intentional 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;
(4) Human genitals in a state of sexual stimulation, arousal or tumescence; or
(5) Excretory functions as part of or in connection with any of the activities set forth in divisions (1) through (4) above.
TRANSFER OF OWNERSHIP OR CONTROL OF AN ADULT BUSINESS. Any of the following:
(1) The sale, lease or sublease of the business;
(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or
(3) The establishment of a trust, management arrangement, gift or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.
(Prior Code, § 760.2) (Ord. 498, passed 1-6-2005)