10-23-2: DEFINITIONS:
These words shall mean the following in this chapter:
ADULT ESTABLISHMENTS: Any establishment in which an adult use comprises more than twenty percent (20%) of the floor area of the establishment in which it is located, or more than twenty percent (20%) of the gross receipts in any month for the entire business operation, or any business that engages in any adult use as described in this chapter.
ADULT USE: Any of the activities and businesses described below:
   Body Painting Studio: An establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to the body of a patron when such body is wholly or partially nude in terms of "specified anatomical areas".
   Bookstore: A building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audiotape, videotape, motion picture film, or any other form of media if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas".
   Cabaret: A building or portion of a building for providing dancing or other live entertainment, if such dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, or depiction of "specified sexual activities" or "specified anatomical areas".
   Car Wash: A wash facility for any type of motor vehicle that allows employees, agents, independent contractors, or other persons to appear in a state of partial or total nudity in terms of "specified anatomical areas".
   Companionship Establishment: A companionship 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".
   Conversation/Rap Parlor: A conversation/rap parlor which provides 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".
   Health/Sport Club: A health or sport club, if such club is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".
   Hotel Or Motel: A hotel or motel where material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas".
   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".
   Mini-Motion Picture Theater: A building or portion of a building with a capacity for less than fifty (50) persons used for presenting material if such material is distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas". The phrase "used for" in this definition means a regular and substantial course of conduct and not a one time presentation of such material.
   Miscellaneous: Any establishment, business, or service whose products or services are substantially or significantly distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".
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 display "specified anatomical areas" while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.
   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 operated still or motion picture machines, projectors or other image producing devices are maintained to show images to five (5) 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".
   Motion Picture Theater: A building or portion of a building with a capacity of fifty (50) or more persons used for presenting material which is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. The phrase "used for" in this definition means a regular and substantial course of conduct and not a one time presentation of such material.
   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.
   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".
   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".
SPECIFIED ANATOMICAL AREAS: A. Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola; and
   B.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES: A. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts of conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or
   B.   Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or
   C.   Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or
   D.   Fondling or touching of nude human genitals, pubic region, buttocks, or female breast(s); or
   E.   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
   F.   Erotic or lewd touching, fondling, or other sexually oriented contact with an animal by a human being; or
   G.   Human excretion, urination, menstruation, vaginal or anal irrigation. (Ord. 2006-36, 1-2-2007)