For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. All words and phrases in this chapter, whether defined in this section or not, shall be interpreted so as to carry out the Council's intent as stated in § 117.01.
ADULT AMUSEMENT MACHINE. Any amusement machine that is regularly used for presenting material distinguished or characterized by an emphasis on proscribed sexual activities for observation by patrons.
ADULT BOOKSTORE. Any establishment which:
(a) Has a substantial portion of its stock and trade in books, films, video cassettes, or magazines or other periodicals which are distinguished or characterized by an emphasis on proscribed sexual activities; and
(b) Presents adult entertainment for patrons.
ADULT ENTERTAINMENT. Any exhibition or display of proscribed sexual activity to patrons, by an entertainer or employee of an adult-oriented establishment or by any mechanical, electrical or electronic machine or device.
ADULT MINI-MOTION PICTURE THEATER. An enclosed building with a capacity of less than 50 persons regularly used for presenting material distinguished or characterized by an emphasis on proscribed sexual activity for observation by patrons.
ADULT MOTION PICTURE THEATER. An enclosed building with a capacity of 50 or more persons regularly used for presenting material distinguished or characterized by an emphasis on proscribed sexual activity for observation by patrons.
ADULT-ORIENTED ESTABLISHMENT. An adult bookstore, adult motion picture theater, adult mini-motion picture theater, and any other business or premises accessible to the public which regularly offers or presents any proscribed sexual activity to patrons, whether or not in booths, cubicles, stalls or rooms separate from the common areas of the premises. This definition includes any adult entertainment studio or any premises that are physically arranged and used as such, whether advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio, or similar term. However, this definition does not include any establishment that serves alcoholic or cereal malt beverages for consumption on the premises and is regulated under § 111.09 of the Town Code.
AMUSEMENT MACHINE. Any mechanical, electrical or electronic machine or device, except jukeboxes, billiard tables or pool tables, which upon the payment of a charge or upon the insertion of a coin, slug, token, plate, disk, or card may be operated as a game or for entertainment or amusement, whether or not registering a score. Examples of AMUSEMENT MACHINES include pinball machines, skillball, mechanical grab machines, electronic baseball, football, hockey or basketball machines, air propelled machines or games, shooting games, video games, and video monitoring machines.
COUNCIL. The Town Council of the Town of Middletown, Rhode Island.
EMPLOYEE. Any person, including an independent contractor, who renders any services in an adult-oriented establishment directly related to any of its adult-oriented activities.
ENTERTAINER. Any person who performs or presents entertainment in an adult-oriented establishment for wages, gratuities, or any other kind
of compensation, whether as an employee, contractor or guest of the establishment.
INSPECTOR. The zoning enforcement officer of the town, or an employee of the town Building Department or town Police Department, or any other person who is designated to inspect premises regulated under this chapter.
MINOR. A person under the age of 18 years.
OPERATOR. The property owner, owner of the business, license holder, manager, person in charge, or any person operating an adult-oriented establishment.
PROSCRIBED SEXUAL ACTIVITY:
(a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts prohibited by law;
(b) Fondling or erotic touching of human genitals, pubic region, buttock or female breasts; and
(c) The display of post-pubertal human genitals, buttocks or pubic area, or the female breast below the top of the nipple, whether or not these body areas or parts are covered or screened with a transparent or semi-transparent material.
PROSCRIBED SEXUAL ACTIVITY does not include bona fide medical or educational publications or films; art or photography publications which devote at least 25% of each issue to articles and advertisements dealing with the subjects of art or photography; news periodicals containing photographs of nude or semi-nude persons in connection with the dissemination of the news; or publications or films which publish photographs or depictions of nude or semi-nude persons when describing human cultures in which nudity or semi-nudity is indigenous to the population.
(Ord. passed 4-20-98)