For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ENTERTAINMENT ESTABLISHMENTS shall be included, by definition, with the following:
DIRECTOR. The Midway City Clerk/Treasurer or his or her designee.
EMPLOYEE. Any person hired by or suffered or permitted to work in an establishment engaging in sexually explicit entertainment activities, whether that person received remuneration or compensation directly from the operator or owner of the establishment, from patrons of the establishment, or from any other source, whether by contract of employment or otherwise.
ESTABLISHMENT. A business entity or endeavor, fixed, mobile or traveling, including its owners, operators, directors, shareholders, partners, employees and possessions.
LICENSEE. A person who is the holder of a valid license under this chapter, also including an agent, servant or employee of, or other person acting on behalf of a licensee, whenever a licensee is prohibited from doing a certain act under this chapter.
OPERATOR. Any individual, partnership, corporation or business entity with all such individuals, partners, shareholders, officers and directors over the age of 18, who established or maintain a business as its owner or manager and shall also mean licensee as defined in this chapter.
OWNER. Any individual, partnership, corporation or business entity who has legal title to real estate, with or without accompanying actual possession thereof, or has all or part of the beneficial ownership of any real estate and a right to present use and enjoyment thereof, including a mortgage in possession.
PERSON. Any individual, partnership, corporation or business entity.
PRINCIPAL USE. A substantial or significant use. Any of the following criteria shall constitute evidence that an establishment is engaging in sexually explicit entertainment activity as PRINCIPAL USE:
(1) Contains more than 15% of its stock in trade in material distinguished or characterized by an emphasis in sexual activity;
(2) Devotes more than 15% of its floor space which is open to either the public generally or to members of the public other than minors for the display of material distinguished or characterized by an emphasis on sexual activities;
(3) Has more than a total of 200 square feet provided for the display, storage, or sale of material distinguished or characterized by an emphasis on sexual activities; or
(4) Advertises in a manner visible from the outside of the business premises the availability of material or entertainment distinguished or characterized by an emphasis on sexual activities.
SEXUAL ACTIVITIES. Depiction of human genitals in a state of sexual stimulation, acts of human masturbation, sexual intercourse or sodomy, holding or other erotic touching of human genitals, pubic region, buttocks or breasts.
SEXUALLY EXPLICIT ENTERTAINMENT ACTIVITY OR ACTIVITIES or SEXUALLY EXPLICIT ENTERTAINMENT ESTABLISHMENT. Shall mean 1 or more of the following activities:
(1) CABARET. An establishment which features, as a principal use of its business, entertainers, waiters, bartenders, male or female impersonators or persons, either male or female, who expose to public view of the patrons of the establishment at any time the bare female breast below a point immediately above the top of the areola, human genitals, pubic region or buttocks, even if partially or completely covered by translucent material, or human or simulated male genitals in a discernible turgid state.
(2) COMMERCIAL SEXUAL ENTERTAINMENT CENTER. Any commercial establishment not otherwise described in this section which makes available material, services or entertainment appealing to sexual interests, including but not limited to a bath house, swingers' club or similar
establishment, if the establishment or its entertainment, services or goods are advertised by or on behalf of the establishment in a manner patently designed to appeal to such adult sexual interests.
(3) MASSAGE PARLOR. An establishment for treating the human body by rubbing, stroking, kneading, tapping or similar treatment with the hand which promotes its services in a manner designed to appeal to the patron's sexual interest.
(4) SELF-DESIGNED SEXUALLY EXPLICIT ENTERTAINMENT CENTER. Any establishment which designates all or a portion of its premises as for adults only, or has a policy of excluding minors from its premises or from a portion of its premises and which makes available services, entertainment, or goods at the premises or at the portion of the premises designated for adults only which are characterized or distinguished by depictions of sexual activities as defined in this chapter.
(5) SEXUALLY EXPLICIT AMUSEMENT ARCADE. An establishment having as 1 of its principal uses 1 or more of the following: customer-operated motion picture devices, peep shows, viewing areas or similar devices, either coin-, token- or slug-operated, or which, in consideration of an entrance fee, display material distinguished or characterized by an emphasis on depictions of sexual activities, as defined in this section, or which offer male or female persons who expose to view of the customer the bare female breast below a point immediately above the top of the areola, human genitals, pubic region or buttocks, even if partially or completely covered by translucent material, or human or simulated male genitals in a discernible turgid state event if completely or opaquely covered.
(6) SEXUALLY EXPLICIT BOOKSTORE. An establishment having as 1 of its principal uses the sale, rent or display of pictures, books, periodicals, magazines, appliances and similar material which are distinguished or characterized by their emphasis on depictions of sexual activities as hereinafter defined, or an establishment with a substantial segment or section devoted to the sale, rental or display of such material.
(7) SEXUALLY EXPLICIT ENTERTAINMENT PROVIDER. A commercial establishment, such as a hotel or motel, which in addition to providing as the major part of its business services unrelated to depictions of sexual activities as herein defined, makes entertainment, either live or on film or video tape, available to its customers, which entertainment has as a dominant theme or is characterized or distinguished by an emphasis on matter depicting, describing or relating to sexual activities, if the establishment advertises the availability of this sexually explicit entertainment. The advertisement of these materials shall not include the position of a card or hand bill on or near a television set in a hotel or motel room advising room guests that such sexually explicit movies are available upon request of the guest, or advertising informing the public of the availability.
(8) SEXUALLY EXPLICIT ESCORT OR ESCORT SERVICE. A person or business which is held out to the public to be available for hire and which for monetary consideration agrees to consort with or accompany another or others to or about social affairs, entertainments or places of amusement or within any place of public resort or within any private quarters, and advertises, communicates or offers that sexually explicit entertainment activity will be provided.
(9) SEXUALLY EXPLICIT MOTION PICTURE THEATER. An establishment having or advertising as having as 1 of its principal uses the presentation of motion picture, slide projections or other similar material having as a dominant theme or characterized or distinguished by an emphasis on matter depicting, describing or relating to sexual activities, as defined in this chapter, for observation by persons therein.
(10) SEXUALLY EXPLICIT STAGE-SHOW THEATER. An establishment having as 1 of its principal uses the presentation of live performances of humans or animals having as a dominant theme or characterized or distinguished by an emphasis on matter depicting, describing or relating to sexual activities, as defined in this chapter, for observation by persons therein.
(11) SEXUALLY EXPLICIT VIDEO CASSETTE/DVD CENTER. A commercial establishment which has as 1 of its principal uses the rental or retail sale of video cassettes and/or DVDs which depict material distinguished or characterized by and emphasis on or depictions of sexual activities as defined in this chapter and which does not provide an on-premises showing of such materials.
(12) TAXI DANCE HALL. An establishment operated as a public dance hall where dance partners, either male or female, are available for hire for monetary consideration payable either by the dance or as part of an entrance fee or membership fee.
(Ord. 04-05, passed 7-19-2004)