For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BOOKSTORE. A place where books, magazines, records, photographs, videotapes or moving pictures are sold or offered for sale or rental to adults, which merchandise has as its dominant or primary theme matters depicting, describing or relating to specified sexual activities.
ADULT DANCING FACILITY. Any commercial establishment which permits, suffers, allows or employs any person on the premises of such establishment to:
(1) Expose to the public view his or her genitals, pubic hair, vulva, buttocks, anus or anal cleft or cleavage, or to employ any device or covering which is intended to give the appearance of or stimulate such anatomical areas;
(2) Expose to the public view that area of the human female breast at or below the areola thereof or to employ any device or covering which is intended to give the appearance or simulate such areas, if the person is a female; or
(3) Perform a straddle dance.
ADULT ENTERTAINMENT FACILITY. Any adult bookstore, adult dancing facility, adult motion picture booth or adult motion picture theater or commercial physical contact establishment as defined in this chapter.
ADULT MOTION PICTURE BOOTH. An area within an adult motion picture theater designed for or used for the viewing by one or two persons of motion pictures which have as their dominant theme matters depicting, describing or relating to specified sexual activities.
ADULT MOTION PICTURE THEATER. A place where motion pictures are shown or a section, department or part of any business set aside for the showing of motion pictures, which has as its principal purpose the offering for viewing to adults of motion pictures which have as their dominant or primary theme matters depicting, describing, or relating to specified sexual activities.
ALCOHOLIC BEVERAGE. See Chapter 60.
AREOLA. The circular, colored area which surrounds the nipple of a human breast.
BODY TISSUES. Chest, back, waist, hips, buttocks, pubic area, sexual organs, groin, stomach or thighs.
COMMERCIAL CONTACT. The manipulation,
washing or touching for compensation of a person's unclothed body tissues directly by another person or indirectly by such other person using any instrument, thing, substance or device.
COMMERCIAL ESTABLISHMENT. Any establishment which operates for pecuniary gain. A COMMERCIAL ESTABLISHMENT licensed by the state to dispense alcoholic beverages on the premises shall be rebuttably presumed to be a commercial establishment. Any establishment which has received an occupational license to operate commercially is presumed to be a COMMERCIAL ESTABLISHMENT.
COMMERCIAL PHYSICAL CONTACT ESTABLISHMENT. A place where commercial contact is offered or actually takes place, or a part of any business set aside as a place for commercial contact to take place.
DEPARTMENT. The Town of Melbourne Beach Police Department.
HARMFUL TO JUVENILES. That quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement or sadomasochistic abuse, when it:
(1) Predominantly appeals to the prurient, shameful, or morbid interest of juveniles;
(2) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for juveniles; and
(3) Is without serious literary, artistic, political, or scientific value for juveniles.
INTERESTED PARTY. Any person, partnership or corporation who is a permittee or is an applicant for a permit, or who is an employee of a permittee or an applicant for a permit, or who is an independent contractor who works in the applicant's facility or who is a partner in a partnership which is a permittee or an applicant for a license, or which is an officer or director of a corporation which is a permittee or an applicant for a permit.
JUVENILE. Any person under the age of 18 years.
KNOWINGLY. Having general knowledge of, reason to know or belief or ground for belief which warrants further inspection or inquiry of both the character and content of any material described herein which is reasonably susceptible to examination by the defendant; and the age of the juvenile; provided, however, that an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such a juvenile. KNOWINGLY also shall mean having knowledge of the character and content of the publication or failure on notice to exercise reasonable inspection which would disclose the content and character of same.
NUDITY or NUDE or PARTIALLY DENUDED FIGURES shall mean less than completely and opaquely covered:
(l) Human genitals;
(2) Pubic region;
(3) Buttocks;
(4) Female breast below a point immediately above the top of the areola; or
(5) Human male genitals in a discernible turgid state, even if completely and opaquely covered.
PATRON. Any person who is physically present on the premises of a commercial establishment or adult entertainment facility and who is not an owner, employee, agent or subcontractor of the establishment or facility or an entertainer or performer at the establishment or facility.
PERMIT. A regulatory permit issued by the Town Commission for the operation of an adult entertainment facility.
PREMISES. A building that is under one roof or has common entrances and the area immediately surrounding the building.
PUBLIC PLACE. Any area which is open to the general public.
ROOM. Any area separated from the remainder of the premises by a permanent partition, which does not allow viewing of any activity taking place in the interior of such an area from the outside of such an area.
SADOMASOCHISTIC ABUSE. Flagellation or torture by or upon a person clad in undergarments, a mask or a bizarre costume or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
SEXUAL CONDUCT. The act of masturbation,
homosexuality, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person be a female, breast.
SEXUAL EXCITEMENT. The condition of human male or female genitals when in a state of sexual stimulation or arousal.
SEXUAL ORGANS. The genitals, pubic hair, pubic area, vulva, buttocks, anus or anal cleft or cleavage of any person and the area of the breast of any female person at or below the circular colored area which surrounds the nipple thereof (otherwise known as the areola).
SPECIFIED CRIMINAL ACT. Any felony or soliciting for prostitution, pandering, prostitution, keeping a house of ill fame, lewd or lascivious behavior, or sale or possession of a controlled substance or narcotic.
TOUCHING. Any form of intentional, interpersonal, physical, bodily contact, whether or not exposed or unclothed parts of the body are involved.
(Ord. 85-4, passed 11-20-85)