As used in this article, the following terms shall have the respective meanings ascribed to them.
ADULT BOOKSTORE.
(1) A bookstore which receives a majority of its gross income during any calendar month from the sale or rental of publications (including books, magazines, other periodicals, videotapes, compact discs, other photographic, electronic, magnetic, digital or other imaging medium) which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this section; or
(2) A bookstore having as a preponderance (either in terms of the weight and importance of the material or in terms of greater volume of materials) of its publications (including books, magazines, other periodicals, videotapes, compact discs, other photographic, electronic, magnetic, digital or other imaging medium) which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in this section.
ADULT ESTABLISHMENT. An adult bookstore, adult motion picture theater, adult mini-motion picture theater or adult live entertainment business, as defined in this article.
ADULT LIVE ENTERTAINMENT. Any performance of or involving the actual presence of real people which exhibits specified sexual activities or specified anatomical areas, as defined in this article.
ADULT LIVE ENTERTAINMENT BUSINESS. Any establishment or business wherein adult live entertainment is shown for observation by patrons.
ADULT MOTION PICTURE THEATER. An enclosed building or premises used for presenting motion pictures, a preponderance of which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this article, for observation by patrons therein. ADULT MOTION PICTURE THEATER does not include any mini-motion picture theater, as defined in this article.
ADULT MINI-MOTION PICTURE THEATER. An enclosed building with viewing booths designed to hold patrons which is used for presenting motion pictures, a preponderance of which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined in this article, for observation by patrons therein.
MASSAGE. The manipulation of body muscle or tissue by rubbing, stroking, kneading or tapping, by hand or mechanical device.
MASSAGE AND BODYWORK THERAPY. Any massage or bodywork therapy as defined by the State Massage and Bodywork Therapy Practice Act, G.S. §§ 90-621 et seq., provided by a person licensed as provided therein to perform the therapy.
MASSAGE BUSINESS. Any establishment or business wherein massage is practiced, including establishments commonly known as massage studios or massage parlors, but not including, massage and bodywork therapy, as defined herein.
SEXUALLY ORIENTED DEVICES. Without limitation, any artificial or simulated specified anatomical area or other device or paraphernalia that is designed principally for specified sexual activities, but shall not mean any contraceptive device.
SPECIFIED ANATOMICAL AREA.
(1) Less than completely and opaquely covered human genitals, pubic region, buttock or female breast below a point immediately above the top of the areola; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse or sodomy; or
(3) Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts.
(2003 Code, § 5-8.3)