For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BOOKSTORE. An establishment having as a 10% portion of its stock in trade, books, photographs, magazines, films, videotapes, or CDs, for sale or viewing on the premises by use of motion picture devices, other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing, or relating to specified sexual activities as said term is defined herein.
ADULT ENTERTAINMENT. Any building, structure, or facility which contains or is used entirely or partially for commercial entertainment, including theaters used for presenting live presentations, video tapes, or films predominantly distinguished or characterized by their principal emphasis on matters depicting, describing, or relating to specified sexual activities as said term is defined herein, an exotic dance live presentation, video tape, or film presentation, where the patrons either:
(1) Engage in personal contact with, or allow personal contact by, employees, devices or equipment, or by personnel provided by the establishment which appeals to the prurient interest of the patrons; or
(2) Observe any live presentation, video tape, or film presentation of persons wholly or partially nude with their genitals or pubic region exposed or covered only with transparent or opaque covering, or in the case of female persons, with the areola and nipple of the breast exposed or covered only with transparent or opaque covering or to observe specified sexual activities as said term is defined herein.
ADULT ENTERTAINMENT BUSINESS. Any premises to which the public, patrons, or members are invited or admitted and wherein an entertainer provides adult entertainment to a member of the public, a patron or member.
BATHHOUSE. An establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated or supervised by a medical or chiropractor practitioner or professional physical therapist licensed by the state.
EMPLOYEE. Any and all persons, including managers, entertainers, and independent contractors, who work in or at, or render any services directly related to, the operation of an adult entertainment business.
ENTERTAINER. Any person who provides adult entertainment within an adult entertainment premises as defined in this section, whether or not a fee is charged or accepted for entertainment.
EROTIC DANCE. Any dance performed by an erotic dancer in an erotic dance establishment which emphasizes or seeks to arouse or excite a patron’s sexual desires.
MANAGER. Any person operating, conducting, or maintaining an adult entertainment business.
MASSAGE SHOP. An establishment which has a fixed place of business having a source of income or compensation 60% or more of which is derived from the practice of any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulation of external parts of the human body with the hands or with the aid of any mechanical electric apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotion, ointment, or other similar preparations commonly used in the practice of massage. Under such circumstances the person to whom the treatment is being provided or a third person will pay money or give any other consideration or gratuity; provided that this term shall not include any establishment operated or supervised by a medical or chiropractic practitioner or professional physical therapist licensed by the state.
MODELING STUDIO. An establishment or business which provides for a fee or compensation the services of modeling on premises for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing, or otherwise. This does not apply to public or private schools wherever persons are enrolled in a class.
OPERATOR. Any person operating, conducting, or maintaining an adult entertainment business.
SERVER. Any person who serves food or drink at an adult entertainment business.
SPECIFIED ANATOMICAL AREAS.
(1) Uncovered or exposed human genitals, pubic region or pubic hair, buttock, or female breast or breasts below a point immediately above the top of the areola or nipple, or any combination of the foregoing; or
(2) Human male genitals in a discernible erect state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Sexual conduct, being actual or simulated, acts of human masturbation, sexual intercourse, or physical contact, in an act of apparent sexual stimulation or gratification, with a person’s clothed or unclothed genitals, pubic area, buttocks, or the breast of a female; or any sadomasochistic abuse or acts including animals or any latent objects in an act or apparent sexual stimulation or gratification.
(Ord. 93-004, passed 4-20-1993; Ord. 93-007, passed 4-20-1993; Ord. 02-003, passed 6-4-2002)