For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BOOK, VIDEO OR NOVELTY STORE. A commercial establishment or place of business having more than an insubstantial or incidental portion of its stock in trade, or more than an insubstantial or incidental segment or section of its premises devoted to the sale or display of sexually oriented products. INSUBSTANTIAL OR INCIDENTAL means not more than 5% of its stock in trade of books, videos or novelty items; or not more than 5% of the store’s segment or section of its premises devoted to the sale or display of books, videos or novelties.
ADULT CLUB. Any place of business or commercial establishment which offers three or more days in any 60-day period live entertainment including: exhibition of any portion of the entertainer’s buttocks or any simulation thereof; if female, exhibition of any portion of the entertainer’s breast below the top of the areola or any simulation thereof; or dancing with employees or independent contractors in exchange for compensation.
ADULT MOTION PICTURE THEATER. A commercial establishment or place of business operating in whole or in part within an enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” (as defined below), for observation by patrons therein.
CHURCH. A church, temple or other structure used on a permanent basis primarily for public worship.
SEXUALLY ORIENTED BUSINESS. Such sexually oriented business as shall be included in this chapter, as amended from time to time.
SEXUALLY ORIENTED PRODUCTS.
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which are distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas”; or
(2) Instruments, devices or paraphernalia, which depict or simulate “specified anatomical areas” or are intended or designed for use in connection with “specified sexual activities”.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered:
(a) Human genitals, pubic region;
(b) Buttock; and
(c) Female breast below a point immediately above the top of the areola.
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse or sodomy;
(3) Fondling or other erotic touching of human genitals, public region, buttock or female breast; and
(4) Sadism or masochism, including bondage and discipline.
(Ord. 494, passed 8-9-2005)