(A) Unless the context clearly indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them by this section:
ADULT BOOKSTORE/STORE.
(a) A bookstore/store 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, including sexually oriented devices as defined herein; or
(b) A bookstore/store 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, including sexually oriented devices as defined herein.
ADULT ESTABLISHMENT. An adult book-store, adult motion picture theater, adult mini motion picture theater, or adult live entertainment business, as defined in this section.
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 section.
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 section, for observation by patrons therein. ADULT MOTION PICTURE THEATER does not include any mini motion picture theater as defined in this section.
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 section, 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 BUSINESS. Any establishment or business wherein massage is practiced, including establishments commonly known as health clubs, physical culture studios, massage studios, or massage parlors except those duly licensed pursuant to Article 36 of Chapter 90 of the N.C. General Statutes.
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.
(a) 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
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(a) Human genitals in a state of sexual stimulation or arousal;
(b) Sex acts, normal or perverted, actual or simulated, including human masturbation, sexual intercourse, oral copulation or sodomy; or
(c) Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts.
(B) Repeal and reenactment of existing definition of "Adult Bookstore" in Chapter 112 of the City of Monroe Code of Ordinances. The rewriting of this definition in part carries forth by reenactment some of the provisions of the existing definitions in § 112.02, Chapter 112 and is not intended to repeal, but rather to reenact and continue in force such existing provisions so that all rights and liabilities that have been accrued are preserved and may be enforced. All provisions of the definitions of "adult bookstore" in § 112.02, Chapter 112 which are not reenacted herein are hereby repealed.
(C) Severability. If any part of this ordinance or the application thereof to any person or condition is held invalid such invalidity shall not affect other parts of this ordinance or their application to any other person or condition, and to the end, the provisions of this ordinance are hereby declared to be severable.
(D) Ordinance O-1999-59 shall be in effect from and after the date of its adoption.
(Ord. passed 10-5-93; Am. Ord. O-1999-59, passed 9-21-99; Am. Ord. O-2005-07, passed 3-15-05; Am. Ord. O-2006-07, passed 2-21-06)
Statutory reference:
For provisions concerning similar state law, see G.S. § 14-202.10