For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ENTERTAINMENT ESTABLISHMENT. This term includes the following:
(1) An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult theater, adult motion picture theater, escort agency, nude model business or sexual encounter center.
(2) Any establishment whose principal business is the offering of a service or the selling, renting or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to its customers, and which is distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or whose employees or customers appear in a state of nudity.
(3) ADULT ENTERTAINMENT ESTABLISHMENTS are also commonly known and referred to as sexually-oriented businesses.
(4) The term
ADULT ENTERTAINMENT shall not be construed to include the following:
(a) Any business operated by or employing licensed psychologists, licensed physical therapists, registered nurses or licensed athletic trainers.
(b) Any business operated by or employing licensed physicians or licensed chiropractors engaged in practicing the healing arts.
(c) Any activity conducted or sponsored by any state independent school district, licensed or accredited private school or public or private college or university.
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 or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
ADULT BOOKSTORE or ADULT NOVELTY STORE 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:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations, or any combination thereof, which depict or describe "specified sexual activities" or "specified anatomical areas."
(2) Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities." This does not include items used for birth control or for prevention of sexually transmitted diseases.
ADULT CABARET. A nightclub, bar, restaurant or similar commercial establishment which regularly features the following:
(1) Persons who appear in a state of nudity; or
(2) Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
ADULT MOTEL.
(1) A hotel, motel or similar commercial establishment which does the following:
(a) Offers accommodations to the public for any form of consideration; 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 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 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 hours.
(2) Evidence that a sleeping room in a hotel, motel or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten hours creates a rebuttable presumption that the business is an adult motel.
ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photograph reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
ADULT THEATER. A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
CHURCH. A building, whether situated within the city or not, in which persons regularly assemble for religious worship, intended primarily for purposes connected with such worship or for propagating a particular form of religious belief.
CUSTOMER. Any person who meets one or more of the following conditions:
(1) Is allowed to enter an adult entertainment establishment in return for the payment of an admission fee or any other form of consideration or gratuity.
(2) Enters an adult entertainment establishment and purchases, rents or otherwise partakes of any merchandise, goods, entertainment or other services offered therein.
(3) Is a member of and on the premises of an adult entertainment establishment operating as a private club.
EMPLOYEE. Any person who renders any service whatsoever to the customers of an adult entertainment establishment or who works in or about an adult entertainment establishment and who receives compensation for the service or work from the operator or owner of the adult entertainment establishment or from the customers therein.
ESCORT. A person who, for consideration, agrees or offers to act as a companion or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCY. A person or business association who, as one of its principal business purposes, furnishes, offers to furnish or advertises to furnish escorts for a fee, tip or other consideration.
LICENSEE. A person in whose name a license to operate an adult entertainment establishment has been issued, as well as any and all individuals listed as applicants on the application for a license.
LICENSED DAY CARE CENTER. A facility licensed by the state, whether situated within the city or not, that provides care, training, education, custody treatment or supervision for more than six children under 14 years of age, where the children are not related by blood, marriage or adoption to the owner or operator of the facility, for less than 24 hours a day, regardless of whether or not the facility is operated for a profit or charges for the services if offers.
NUDE MODEL BUSINESS. Any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided or allowed to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.
NUDITY or A STATE OF NUDITY.
(1) This term means less than completely and opaquely covered:
(a) Human genitals, pubic region, or pubic hair;
(b) All portions of a female breast below a point immediately above the top of the areola continuing downward to the lowest portion of the breast;
(c) Human buttock, anus, or anal cleft or cleavage; or
(d) Any combination of the above.
(2) This term also includes human male genitals in a discernible turgid state even if completely and opaquely covered.
OPERATED or CAUSES TO BE OPERATED. To cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated an adult entertainment establishment whether or not that person is an owner, part owner, licensee or manager of the establishment.
OPERATOR. An individual who is in control of the operations of an adult entertainment establishment, including, but not limited to, a person designated by the licensee under § 112.40(H). This control can be either on an hourly basis, daily basis, weekly basis, or shift basis, or any combination thereof. An OPERATOR includes, but is not limited to, manager, assistant manager, house mother, floor manager, or shift manager.
PERSON. An individual, firm, association, organization, partnership, trust, foundation, company, corporation or other legal entity.
PRINCIPAL. Over 25% of customers, volume of sales, stock in trade, display areas or presentation time devoted to or generated from material depicting or describing "specified sexual activities" or "specified anatomical areas" in any three-month increment period. Stock in trade shall be measured with
all titles or objects available on the premises for sale or rental including those that are identical, considered a separate title or object.
REGULARLY. Featuring, promoting or advertising a happening or occurrence on a recurring basis.
RESIDENTIAL DISTRICT. A residentially zoned district as defined in the Zoning Ordinance of the city.
RESIDENTIAL USE. A single-family home, townhouse, duplex, mobile home, manufactured home or multiple-family use as defined in the Zoning Ordinance of the city.
SECONDARY FREEWAY OVERLAY DISTRICT. The Secondary Freeway Overlay District as established by the Zoning Ordinance of the city.
SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its principal business purpose, offers for any form of consideration the following:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex.
(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity.
SIMULATED NUDITY. A state of dress in which any device or covering is worn and exposed to view that simulates any part of the genitals, buttocks, anus, pubic region, or areola of the female breast.
SPECIFIED ANATOMICAL AREAS. Human genitals, pubic region, buttocks and female breast below a point immediately above the top of the areola.
SPECIFIED SEXUAL ACTIVITIES. This term includes any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, pubic hair, perineum, buttocks, anus or female breasts.
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, sodomy or bestiality.
(3) Masturbation, actual or simulated.
(4) Excretory functions.
('78 Code, § 2.5-3) (Ord. 969, passed 8-9-93; Am. Ord. 1486, passed 7-12-04; Am. Ord. 1597, passed 10-23-06)