(1) "Adult Bookstore", "Adult Novelty Store", or "Adult Video Store" means a commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following:
A. Media of any format, including, but not limited to, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes in any format or other video reproductions, slides, computer readable media, or other visual representations which are characterized by 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."
A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be characterized as an "adult bookstore", "adult novelty store", or "adult video store." Such other business purposes will not serve to exempt such commercial establishments from being categorized as an "adult bookstore", "adult novelty store", or "adult video store" so long as one of its principal business purposes is the offering for sale or rental for consideration of any form, the specified materials which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(2) "Adult Cabaret" means a nightclub, bar, restaurant or similar commercial establishment which regularly features:
A. Persons who appear in a state of nudity or semi-nudity; or
B. Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
C. Live performances of an erotic nature, including exotic dancers, strippers, male or female impersonators, or similar entertainment; or
D. Audio and/or visual reproductions, in any format, of performances which are characterized by the depiction or description of "specified anatomical areas" or by "specified sexual activities."
(3) "Adult Motion Picture Theater" means a commercial establishment where, for any form of consideration, audio and/or visual reproductions, in any format, are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(4) "Adult Theater" means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity, semi-nudity, or live performances which are characterized by the exposure of "specified sexual activities" or "specified anatomical areas."
(5) "Specified Anatomical Areas" means:
A. The human male genitals in a discernibly turgid state (state of arousal), even if completely and opaquely covered; or
B. Less than completely and opaquely covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola.
(6) "Specified Sexual Activities" means 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, but not limited to, intercourse, oral copulation, or sodomy;
C. Masturbation, actual or simulated; or
D. Excretory functions as part of or in conjunction with any of the activities set forth in paragraph (a)(6)A. to C. hereof.
(b) Regulations.
(1) Incompatible uses in Commercial Districts. In order to protect minors, no adult book, novelty or video store, adult cabaret, adult motion picture theater or adult theater shall be operated or located within 400 feet from an existing residential use or Residential Zoning District or a public or private school, church, public library, playground, recreation or community center, child care institution or child day care home.
(2) Proximity in Commercial Districts. In addition to the above, in no event shall any two adult entertainment establishment uses, including adult book, novelty or video stores, adult cabarets, adult motion picture theaters or adult theaters, be within 1,000 feet of each other.
(Ord. 96-61. Passed 4-21-97; Ord. 99-35. Passed 7-6-99; Ord. 99-36 Passed 9-7-99.)