For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT AMUSEMENT ARCADE. Any place to which the public is permitted or invited wherein coin-operated, slug-operated or for any form of consideration, electronically, electrically or mechanically controlled still or motion picture machines, projectors, video or laser disk players, or other image producing devices are regularly maintained to display images to five 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 or specified anatomical areas.
ADULT BOOK STORE, ADULT NOVELTY STORE or ADULT VIDEO STORE.
(1) 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) Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations characterized by the depiction or description of specified sexual activities or specified anatomical areas; or
(b) Instruments, devices or paraphernalia designed for use in connection with specified sexual activities.
(2) 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 ADULT BOOK STORE, 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 BOOK STORE, 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 the specified materials characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT CABARET. A nightclub, bar, restaurant or similar commercial establishment which regularly features:
(1) Persons who appear in a state of nudity or semi-nude;
(2) Live performances 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, characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTEL. A hotel, motel or similar commercial establishment which:
(1) 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 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 advertising the availability of such adult-type photographic reproductions;
(2) Offers a sleeping room for rent for a period of less than ten hours; or
(3) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of less than ten hours.
ADULT MOTION THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown and characterized by the dominant depiction or description of specified sexual activities or specified anatomical areas.
ADULT STAGE SHOW THEATER. A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nude, or live performances characterized by the exposure of specified anatomical areas or specified sexual activities.
COUNTY. The County of McLean, Kentucky, including the cities of Calhoun, Livermore, Island, Beech Grove and Sacramento, and any other community whether incorporated or not.
EMPLOYEE.
(1) Any person who performs any service on the premises of a sexually-oriented business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business.
(2) EMPLOYEE does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
ENTERTAINER. Any person who provides sexually-oriented entertainment in a sexually-oriented business, whether or not an employee of the business and whether or not a fee is charged or accepted for such entertainment.
ESCORT. A person who, for consideration, agrees or offers to act as a companion, guide 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 furnishes, offers to furnish or advertises to furnish escorts as one if its primary business purposes for a fee, tip or other consideration.
ESTABLISHMENT. Any sexually-oriented business, whether existing or the opening of such business; the conversion of an existing business, whether or not a sexually-oriented business, to any sexually-oriented business; and the addition to any sexually-oriented business.
MANAGER. Any person who manages, directs, administers or is in charge of the affairs and/or the conduct of a sexually-oriented business.
NUDE, NUDITY or a STATE OF NUDITY. The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
PERSON. An individual, proprietorship, partnership, corporation, association or other legal entity.
REGULARLY FEATURES or REGULARLY SHOWN. A consistent or substantial course of conduct such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the ongoing business of the sexually-oriented business.
SEMI-NUDE or in a SEMI-NUDE CONDITION.
(1) The showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks.
(2) This definition shall include the entire lower portion of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit or other wearing apparel; provided, the areola is not exposed in whole or in part.
SEXUAL ACTIVITIES. The depiction of human genitals in a state of sexual stimulation, active human masturbation, sexual intercourse or sodomy, or holding or erotic touching of human genitals, pubic region, buttocks or breasts.
SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(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 or semi-nude.
SEXUALLY-ORIENTED BUSINESS. An adult amusement arcade, adult book store, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult stage theater, escort agency or sexual encounter center.
(Ord. 06-430.1, passed 6-13-2006)