For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ORIENTED BUSINESS/ADULT USE BUSINESS. Any business engaged in adult uses.
ADULT USES. Adult uses include adult bookstores, adult motion picture theaters, adult picture rental, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse sauna facilities, adult clubs, adult cabarets, adult companionship establishments, adult rap/conversation parlors, adult health sport clubs, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishments, business or places open to some or all members of the public, or in which there is an emphasis on the presentation, display, depiction or description of “specified sexual activities” or “specified anatomical areas” which are capable of being seen by members of the public. This includes bars and/or businesses where upper and/or lower extremities are exposed, nude dancing, strip clubs, and dancing establishments with any type of partial of full nudity.
ADULT USE - BODY PAINTING STUDIO. An establishment or business which provides the service of applying paint or other substance, whether transparent or non-transparent, to or on the body of a patron when such body is wholly or partially nude in terms of “specified anatomical areas.”
ADULT USE - BOOKSTORE, VIDEO STORE, OR ADULT STORE. A commercial establishment which as a principal business purpose offers for sale or rental for any form of consideration any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe “specified sexual activities” or “specified anatomical areas”; or
(2) Instruments, devices, or paraphernalia which are designed for use in connection with “specified sexual activities.”
ADULT USE CABARET. A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1) Persons who appear semi-nude or in a state of nudity; or
(2) Live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”; or
(3) Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction of “specified sexual activities” or “specified anatomical areas.”
ADULT USE - COMPANIONSHIP ESTABLISHMENT. An establishment which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”
ADULT USE - CONVERSATION/RAP PARLOR. A conversation/rap business which offers to engage customers in the service of engaging in or listening to conversation, talk, or discussion, if such service is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”
ADULT USE - HEALTH/SPORT CLUB. A health/sport club which is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”
ADULT USE - HOTEL OR MOTEL. A hotel or motel or similar establishment, which:
(1) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or
(2) Offers a sleeping room for rent for a period of time that is less than 10 hours; or
(3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.
ADULT USE - MASSAGE PARLOR, HEALTH CLUB. A massage parlor or health club which provides the services of massage, if such service is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”
ADULT USE - MINI-MOTION PICTURE THEATER. A building or portion of a building with a capacity for less than 50 people used for presenting material if such material is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”
ADULT USE - MODELING STUDIO. An establishment whose major business is the provision, to customers, of figure models, who are so provided with the intent of providing sexual stimulation or
sexual gratification to such customers and who engage in “specified sexual activities” or “specified anatomical areas” while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.
ADULT USE - MOTION PICTURE ARCADE. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled or customer operated still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing “specified sexual activities” or “specified anatomical areas”.
ADULT USE - MOTION PICTURE THEATER. A building or portion of a building with a capacity of 50 or more people used for presenting material via still or motion picture machine, projectors, or other image producing devices to show images to customers or guests if such material is distinguished or characterized by an emphasis on depicting or describing “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.
ADULT USE - NOVELTY BUSINESS. A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation.
ADULT USE - SAUNA. A sauna which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”
ADULT USE - STEAM ROOM/BATHHOUSE FACILITY. A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”
DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON. The dominant or principal theme of the object referenced. For instance, when the phrase refers to films “which are distinguished or characterized by an emphasis upon the exhibition or display of specified anatomical areas, or specified sexual activities.”
ESTABLISH OR ESTABLISHMENT. Includes any of the following:
(1) The opening or commencement of any adult use business as a new business;
(2) The conversion of an existing business, whether or not an adult use business, to any adult use business;
(3) The addition of any adult use business to any other existing adult use business; or
(4) The relocation of any adult use business.
LICENSEE. A person in whose name a license to operate an adult use business has been issued, as well as the individual listed as an applicant on the application for a license.
NUDITY, NUDE OR STATE OF NUDITY. Means:
(1) The appearance of a human bare anus, male genitals, female genitals, or female breast; or
(2) A state of dress which fails to opaquely cover a human anus, male genitals, female genitals, or areola of the female breast.
OPERATE OR TO CAUSE TO BE OPERATED. To cause to function or to put or keep in a state of doing business.
OPERATOR. Any person on the premises of an adult use business who is authorized to exercise operational control of the business, or who causes to function or who puts or keeps in operation, the business. A person may be found to be operating or causing to be operated an adult use business regardless of whether that person is an owner, part owner, or licensee of the business.
PERSON. An individual, proprietorship, partnership, corporation, association, or other legal entity.
REGULARLY FEATURES OR REGULARLY SHOWN. A consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the ongoing business of the adult use business.
SEMI-NUDE OR IN A SEMI-NUDE CONDITION. A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered human genitals pubic region, buttock, anus or 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.
SPECIFIED SEXUAL ACTIVITIES. Includes any of the following:
(1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, the use of excretory functions in the context of a sexual relationship, and any of the following sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, intercourse, necrophilia, oral copulation, pederasty, pedophilia, piquerism, sapphism, sodomy, zooerasty; or
(2) Actual or simulated of any of the following: use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or
(3) Fondling or touching of nude human genitals, pubic region, buttocks, or female breast; or
(4) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding, or other physical restraint of any such persons; or
(5) Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or
(6) Human excretion, urination, menstruation, vaginal or anal irrigation;
(7) Excretory functions as part of or in connection with any of the activities set forth in (1) through (6) above.
SUBSTANTIAL ENLARGEMENT. Substantial enlargement of an adult use business means the increase in floor area occupied by the business by more than 25%, as the floor area existed on the effective date of Ord. 344.
TRANSFER OF OWNERSHIP OR CONTROL. Transfer of ownership or control of an adult use business means and includes any of the following:
(1) The sale, lease, or sublease of the business;
(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(3) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Ord. 344, passed 4-15-04)