For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ESTABLISHMENT. A business engaged in any of the following activities or which utilizes any of the following business procedures or practices:
(1) Any business that has:
(a) At least 30% of its inventory, stock and trade or publicly displayed merchandise; or
(b) At least 30% of the floor area of the business (not including storerooms, stock areas, bathrooms, basements or any portion of the business not open to the public) devoted to items, merchandise or other materials distinguished or characterized by an emphasis on material depicting, exposing, describing, discussing or relating to specified sexual activities or specified anatomical areas.
(2) Any ADULT USE, as defined herein.
ADULT USE. An adult use is any of the activities and businesses described below.
(1) ADULT BODY PAINTING STUDIO. An establishment or business that provides the service of applying paint or other substance, whether transparent or non-transparent, to the body of a patron when the person is nude.
(2) ADULT BOOKSTORE. An establishment or business used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape or motion picture film if:
(a) At least 30% of the inventory, stock and trade or publicly displayed merchandise; or
(b) At least 30% of the floor area of the business (not including storerooms, stock areas, bathrooms, basements or any portion of the business not open to the public) is devoted to items, merchandise or other material distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
(3) ADULT CABARET. A business or establishment that provides dancing or other live entertainment to patrons if the dancing and live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction of matter that seeks to evoke, arouse or excite the patrons’ sexual or erotic feelings or desire.
(4) ADULT COMPANIONSHIP ESTABLISHMENT. A business or establishment that provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(5) ADULT CONVERSATION/RAP PARLOR. A business or establishment that provides the services of engaging in or listening to conversation, talk or discussion, if the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(6) ADULT HEALTH/SPORT CLUB. A health/sport club that is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(7) ADULT HOTEL OR MOTEL. A hotel or motel that presents material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(8) ADULT MASSAGE PARLOR, HEALTH CLUB. A massage parlor or health club that provides the services of massage, if the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(9) ADULT MINI-MOTION PICTURE THEATER. A business or establishment with a capacity for less than 50 persons used for presenting material if the material is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(10) ADULT MODELING STUDIO. A business or establishment that provides customers figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to the 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 the customers.
(11) ADULT MOTION PICTURE ARCADE. Any place to which the public is permitted or invited where 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 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.
(12) ADULT MOTION PICTURE THEATER. A motion picture theater with a capacity of 50 or more persons that as a prevailing practice presents material distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons.
(13) ADULT NOVELTY BUSINESS. A business that has:
(a) At least 30% of its inventory, stock and trade or publicly displayed merchandise; or
(b) At least 30% of the floor area of the business (not including, storerooms, stock areas, bathrooms, basement or any portion of the business not open to the public) devoted to items, merchandise or other material or devices which stimulate human genitals or devices which are designed for sexual stimulation.
(14) ADULT SAUNA. A sauna that 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.
(15) ADULT STEAM ROOM/BATH- HOUSE 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.
NUDE OR SPECIFIED ANATOMICAL AREAS.
(1) 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
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(1) 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 or conduct: anilingus; buggery; coprophagy; coprophilia; cunnilingus; fellatio; necrophilia; pederasty; pedophilia; piquerism; sapphism; zooerastia;
(2) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence;
(3) Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation;
(4) Fondling or touching of nude human genitals, pubic region, buttocks or female breast(s);
(5) 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;
(6) Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or
(7) Human excretion, urination, menstruation, vaginal or anal irrigation.
(Prior Code, § 513.02) (Ord. 734, passed 04-26-2004)