For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ENTERTAINMENT ACTIVITIES. One or more of the following activities:
(1) ADULT BOOKSTORE. An establishment having as a substantial or significant portion of its stock in trades for sale, rent or display, pictures, books periodicals, magazines, appliances and similar material which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities as hereinafter described, or an establishment with a segment or section devoted to the sale or display of such material.
(2) ADULT MINI-MOTION PICTURE THEATER. An establishment with a capacity for less than 50 persons having as a substantial or significant portion of its use the presentation of materials having as a dominant theme or characterized or distinguished by an emphasis on matter depicting, describing or relating to sexual activities as hereinafter described for observation by persons therein.
(3) ADULT MOTION PICTURE THEATER. An establishment with a capacity of 50 or more persons having as a substantial or significant portion of its use the presentation of material having as a dominant theme or characterized or distinguished by an emphasis on matter depicting, describing or relating to sexual activities as hereinafter described for observation by persons therein.
(4) ADULT STAGE SHOW THEATER. An establishment used for presenting live performances of human and/or animals having as a dominant theme or characterized or distinguished by an emphasis on matter depicting or relating to sexual activities, as hereinafter described, for observation by persons therein.
(5) AMUSEMENT ARCADE. An establishment having as a substantial or significant portion of its business one or more of the following: Customer-operated motion picture devices; peep shows; and/or similar devices.
(6) BATHHOUSE. An establishment for providing bathing, sauna, steam room and/or lavatory facilities for male and/or female persons which promotes its services by using and/or advertising the use of homosexual attendants.
(7) CABARET. An establishment which features as entertainers and/or waiters and/or bartenders, male or female impersonators and/or persons, either male or female, who expose to public view of the patrons of said establishment at any time the bare female breast below a point immediately above the top of the areola, human genitals, pubic region and/or buttocks and/or human or simulated male genitals in a discernibly turgid state, even if completely and opaquely covered.
(8) MESSAGE PARLOR. An establishment for treating the human body by rubbing, stroking, kneading, tapping or similar treatment with the hand which promotes its services by using and/or advertising the use of female attendants and/or masseuses for male patrons.
(9) TAXI DANCE HALL. An establishment operated as a public dance hall where dance partners, either male or female, are available for hire for a monetary consideration payable either by the dance or as part of an entrance fee or membership fee.
COUNCIL. The Town Council of the Town of Mooresville, Indiana.
PERSON. Any individual, partnership, corporation or business entity.
OWNER. Any individual, partnership, corporation or business entity who has legal title to real estate, with or without accompanying actual possession thereof, or shall have all or part of the beneficial ownership of any real estate and a right to present use and enjoyment thereof, including a mortgagee in possession.
OPERATOR. Any individual, partnership, corporation or business entity who establishes and/or maintains a business as its owner or manager.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered human genitals; pubic regions; buttock; female breast 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.
(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 region, buttock or female breast.
(Ord. 3, 1981, passed 2-17-1981)