As used in this chapter:
(a) ADULT ARCADE means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors or similar machines, or other image producing machines, for viewing by five or fewer people each, are regularly used to show films, motion pictures, video cassettes, slides or other photographic reproductions which constitute adult material.
(b) ADULT BOOKSTORE means any establishment deriving a majority of its gross income from the sale or rental of, or having as a significant and substantial portion of its stock in trade in, books, magazines or other periodicals, films or mechanical or nonmechanical devices, which constitute adult material.
(1) When such bookstores offer sexually oriented materials, such materials shall be displayed in such a manner as to protect persons under 21 years of age from exposure to them.
(2) Where sexually oriented materials occupy more than 10% but less than 40% of floor space, such materials shall be kept in a separate room in which only persons 21 years or older may gain access through doors mechanically controlled by an attendant.
(c) ADULT CABARET means a commercial establishment, including a nightclub, bar, restaurant or similar establishment which features dancers, strippers, or similar live entertainers who expose specified anatomical areas or who depict or describe specified sexual activities.
(d) ADULT ENTERTAINMENT ESTABLISHMENT means any adult arcade, adult bookstore, adult motel, adult theater, adult video store, adult cabaret, peep show, sex shop or other adults-only establishment.
(e) ADULT MATERIAL means any book, magazine, newspaper, pamphlet, poster, print, picture, slide, transparency, figure, image, depiction, motion picture film, phonographic record or tape, or other tangible thing, or any service capable of arousing interest through sight, sound or touch, and:
(1) Which material is distinguished or characterized by an emphasis on matter displaying, describing or representing sexual activity, masturbation, sexual excitement, nudity, bestiality or human bodily functions or elimination or
(2) Which service is distinguished by an emphasis on sexual activity, masturbation, sexual excitement, nudity, bestiality or human bodily functions or elimination.
(f) ADULT MOTEL means a motel, hotel or similar commercial establishment which:
(1) Offers public accommodations, for any form of consideration, and provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which constitute adult material and
(2) Advertises the availability of such adult materials by means of a sign visible from the public right-of-way, or by means of any off premises advertising, including, but not limited to, newspapers, magazines, radio or television.
(g) ADULT THEATER means an enclosed building or motion picture drive-in theater used for presenting, and deriving a majority of its gross income from, or having as a significant and substantial portion of its stock in trade in, films which constitute adult material for observation by patrons at said theater.
(h) ADULT VIDEO STORE means an establishment deriving a majority of its gross income from, or having a substantial or significant portion of its stock in trade in, videos which constitute adult material.
(1) When such video store offers sexually oriented materials, such materials shall be displayed in such a manner as to protect persons under 21 years of age from exposure to them.
(2) Where sexually oriented materials occupy more than 10% but less than 40% of floor space, such materials shall be kept in a separate room in which only persons 21 years or older may gain access through doors mechanically controlled by an attendant.
(i) EMPLOYEE or EMPLOYMENT includes employees, independent contractors, and agents, whether compensated or not.
(j) NUDITY means the showing of the human male or female genitals, pubic area or buttocks, with less than a fully opaque covering the showing of the female breast, with less than a fully opaque covering of the nipple and areola or the showing of the covered male genitals in a discernibly turgid state. The covering of the nipple and areola shall not be made to appear as the bare or exposed nipple and areola of the female breast.
(k) OTHER ADULTS ONLY ESTABLISHMENT means an establishment which features services which constitute adult material, or which features exhibitions of persons totally nude or topless and/or bottomless, male or female impersonators, or similar entertainment which constitutes adult material.
(l) PEEP SHOW means an establishment used for presenting video materials or live shows characterized by an emphasis on matter depicting, describing, or relating specified sexual activities or specified anatomical areas for observation by patrons in individual viewing booths.
(m) SEX SHOP means an establishment:
(1) Offering for sale items from any two of the following categories: sexually oriented books and videos, lingerie; leather goods marketed or presented in a context to suggest their use for "bondage" or other sexual activities;
(2) Offering for sale sexually oriented toys or novelties;
(3) Devoting more than 40% of floor space to sexually oriented magazines, books, videos, or other media; or
(4) Advertising or holding itself out in any form a "XXX," "adult," "sex," or otherwise as a sexually oriented business.
(n) SPECIFIED SEXUAL ACTIVITIES as used in the adult entertainment establishment descriptions above means:
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts, real or simulated, of human masturbation, sexual intercourse, sodomy, cunnilingus or fellatio; and
(3) Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts.
(o) SPECIFIED ANATOMICAL AREAS as used in the adult entertainment establishment descriptions above means:
(1) Less than completely and opaquely covered human genitals, pubic regions, buttocks and female breasts below a point immediately above the top of the areola; and
(2) Human male genitals in a discernibly turgid state even if completely and opaquely covered.
(Ord. O2007-18, passed 2-20-2007)