For the purpose of this chapter, the following definitions apply:
ADULT ARCADE: Any place to which the public is permitted or invited wherein coin operated or slug operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are regularly maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displaced are distinguished or characterized by their emphasis upon matter exhibiting or describing specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE OR ADULT VIDEO STORE: A commercial establishment which:
A. Holds itself out to be such a business;
B. Excludes minors from more than fifteen percent (15%) of the retail floor or shelf space of the premises; or
C. As one of its principal purposes, offers for sale or rent, for any form of consideration, any one or more of the following: books, magazines, periodicals, photographs, films, motion pictures, videocassettes or video reproductions, slides or other printed or visual representations, the central theme of which depicts or describes specified sexual activities or specified anatomical areas, the depiction or description of which is regulated or prohibited by this chapter, or offers for sale or rent any instruments, devices or paraphernalia which are designated for use in connection with such sexual activities, except for legitimate medically recognized contraceptives.
ADULT BUSINESS: An adult motion picture theater, adult cabaret, adult arcade, adult bookstore, adult video store or adult theater.
ADULT MOTION PICTURE THEATER: A commercial establishment which:
A. Holds itself out as such a business;
B. Excludes minors from the showing of two (2) consecutive exhibitions (repeated showing of any single presentation shall not be considered a consecutive exhibition); or
C. As its principal business, shows, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions which are primarily characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT THEATER: A theater, concert hall, auditorium, or similar commercial establishment which:
A. Holds itself out as such a business;
B. Excludes minors from the showing of two (2) consecutive exhibitions (repeated performances of the same presentation shall not be considered a consecutive exhibition); or
C. As its principal business, features persons who appear in live performance in a state of seminudity.
BUSINESS LICENSE AUTHORITY: Millard County's business license officer or designee.
EMPLOY: Hiring an individual to work for pecuniary or any other form of compensation whether such person is hired on the payroll of the employer, as an independent contractor, as an agent or in any other form of employment relationship.
ESCORT: A. Any person who, for pecuniary compensation, dates, socializes, visits, consorts with or accompanies or offers to date, consort, socialize, visit or accompany another or others to or about social affairs, entertainment or places of amusement or within any place of public or private resort or any business or commercial establishment or any private quarters.
B. "Escort" shall not be construed to include persons who provide business or personal services such as licensed private nurses, aides for the elderly or handicapped, social secretaries or similar service personnel:
1. Whose relationship with their patron is characterized by a bona fide contractual relationship having a duration of more than twelve (12) hours; or
2. Who provide a service not principally characterized as dating or socializing.
C. "Escort" shall also not be construed to include persons providing services such as singing telegrams, birthday greetings or similar activities characterized by appearances in a public place, contracted for by a party other than the person for whom the service is being performed and of a duration of not longer than one hour.
ESCORT SERVICE: An individual or entity who, for pecuniary compensation, furnishes or offers to furnish escorts, or provides or offers to introduce patrons to escorts.
ESCORT SERVICE RUNNER: Any third person, not an escort, who, for pecuniary compensation, acts in the capacity of an agent or broker for an escort service, escort or patron by contacting or meeting with escort services, escorts or patrons at any location within Millard County, whether or not said third person is employed by such escort service, escort, patron, or by another business or is an independent contractor or self-employed.
ESTABLISH OR ESTABLISHMENT: Shall mean and include any of the following:
A. The opening or commencement of any sexually oriented business as a new business;
B. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
C. The addition of any sexually oriented business to any other existing sexually oriented business; or
D. The relocation of any sexually oriented business.
NUDE OR STATE OF NUDITY: The state of dress in which the areola of the female breast, or male or female genitals, pubic region, or anus are covered by less than the covering required in the definition of "seminude" in this section.
OUTCALL SERVICES: Services of a type performed by a sexually oriented business employee outside of the premises of the licensed sexually oriented business' physical facilities, including, but not limited to, escorts, models, dancers and other similar employees. Escort services and escort service runners shall be considered "outcall services" for the purposes of this chapter.
PATRON: Any person who contracts with or employs any escort services or escort or the customer of any business licensed pursuant to this chapter.
PECUNIARY COMPENSATION: Any commission, fee, salary, tip, gratuity, hire, profit, reward or any other form of consideration.
PERSON: Any person, unincorporated association, corporation, partnership or other legal entity.
SEMINUDE DANCING AGENCY: Any person, agency, firm, corporation, partnership or any other entity or individual which furnishes, books, or otherwise engages or offers to furnish, book or otherwise engage the service of a professional dancer licensed pursuant to this chapter for performance or appearance at a seminude entertainment business or adult theater.
SEMINUDE ENTERTAINMENT BUSINESS: A business where employees perform or appear in the presence of patrons of the business in a state of seminudity. A business shall also be presumed to be a "seminude entertainment business" if the business holds itself out as such a business.
SEMINUDE OR STATE OF SEMINUDITY: A state of dress in which opaque clothing covers no more than the areola of the female breast and the male or female genitals, pubic region, and anus with a covering no narrower than four inches (4") wide in the front and five inches (5") wide in the back, which shall not taper to less than one inch (1") wide at the narrowest point.
SEXUALLY ORIENTED BUSINESS: "Outcall services", "adult businesses", "seminude entertainment businesses", and "seminude dancing agencies", as defined in this section.
SEXUALLY ORIENTED BUSINESS EMPLOYEES: A. Those employees who work for sexually oriented businesses in activities which relate in any way to the sexually oriented portion of the business. This includes all managers, dancers, escorts, models and other similar employees of sexually oriented businesses, whether hired as employees, agents or as independent contractors.
B. "Sexually oriented business employees" shall not include individuals whose work is unrelated to the sexually oriented portion of the business such as, janitors, bookkeepers, cooks, serving persons, bartenders and similar employees, except where they may be managers or supervisors of the business.
C. All persons making outcall meetings under this chapter, including escorts, models, dancers, guards, escort service runners, drivers, chauffeurs and other similar employees shall be considered "sexually oriented business employees".
SPECIFIED ANATOMICAL AREAS: The human male or female pubic area and anus with less than a full opaque covering, and the human female breast below the top of the areola with less than full opaque covering.
SPECIFIED SEXUAL ACTIVITIES: A. Acts of:
1. Masturbation;
2. Human sexual intercourse;
3. Fellatio;
4. Cunnilingus;
5. Bestiality;
6. Pederasty;
7. Buggery; or
8. Anal copulation between a human male and another human male, human female or beast.
B. Manipulating, caressing or fondling the human genitals, the human pubic area, the human anus, or the human female breast with the intent to excite or arouse the actors or any other person.
C. Flagellation or torture by or upon a person for purposes of sexual gratification or pleasure of the actors or other persons, or the condition of being fettered, bound or otherwise physically restrained for purposes of sexual gratification of pleasure of the actors or other persons. (Ord. 4.30, 6-2-2003, eff. 7-1-2003)