The words and phrases defined herein shall have the meanings hereinafter ascribed to them unless a different meaning is clearly indicated by the context.
ADULT CABARET. Any commercial establishment, except an adult theater, semi-nude model studio, or sexual encounter center, including but not limited to a nightclub, bar, restaurant, or gentlemen’s club, which regularly features any one or more of the following:
(1) persons who appear semi-nude or in a state of semi-nudity;
(2) live performances which are characterized by their emphasis upon exposure of “specified sexual activities” or “specified anatomical areas.”
ADULT MOTEL. A motel, hotel or similar commercial establishment which offers private accommodations to the public, for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by their emphasis upon the exhibition or description of “specified sexual activities” or “specified anatomical areas” and which advertises the availability of such sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television, and which:
(1) offers a sleeping room for rent for a period of time less than ten hours; or
(2) allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten hours.
ADULT STORE.
(1) A commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
(a) books, magazines, periodicals or other printed matter, or photographs, films, motion picture, video cassettes or video reproductions, slides, or other visual representations that are characterized by the depicting or describing of “specified sexual activities” or “specified anatomical areas”; or
(b) instruments, devices, or paraphernalia that are designed for use in connection with “specified sexual activities.”
(c) films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by their emphasis upon matters exhibiting or describing “specified sexual activity” or “specified anatomical areas” and which are shown within a viewing room as hereinafter defined on still or motion picture projectors, slide projectors or similar machines or computers or other image producing machines.
(2) A principal business purpose exists if the establishment has a significant or substantial portion of its stock in trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial section of its sales or display or floor space to the sale or rental for any form of consideration any one or more of the items described above.
(3) A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing “specified sexual activities” or “specified anatomical areas” and still be categorized as an adult store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult store so long as one of its principal business purposes are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
ADULT THEATER. A theater, concert hall, auditorium or similar commercial establishment which has a room(s) for viewing or viewing areas, each of which are 150 square feet or greater in size and which for any form of consideration regularly features any one of the following:
(1) films, motion pictures, video cassettes, slides or similar photographic reproductions which are characterized by their emphasis upon the exhibition or description of “specified sexual activities” or “specified anatomical areas” are regularly shown for any form of consideration;
(2) persons who appear semi-nude or in a state of semi-nudity or live performances which are characterized by their emphasis upon the exposure of “specific sexual activities” or “specific anatomical areas”.
BUILDING AND ZONING OFFICIAL. Building Official (also known as the Chief Building Inspector) established under Chapter 150 of the Revised Code of Ordinances.
DANCER or PERFORMER. An employee who dances or otherwise performs in an adult cabaret or adult theater.
DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON. The dominant or principal theme of the object described by such phrase. For instance, when the phrase refers to films “which are distinguished or characterized by an emphasis upon the exhibition or description of Specified Sexual Activities or “specified Anatomical area,” the films so described are those whose dominant or principal character and theme are the exhibition or description “specified anatomical areas” or “specified sexual activities.”
EMPLOY, EMPLOYEE, and EMPLOYMENT. Describes and pertains to any person who performs any service on the premises of a business, on a full time, part time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise. A person who performs a service shall be considered an EMPLOYEE, regardless of whether said person receives a fee, tips, or other form of consideration or no payment or consideration of any kind. EMPLOYEE does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
ESCORT. A person who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie for another person.
ESCORT AGENCY. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
ESTABLISHMENT. Means and includes any of the following:
(1) The opening or commencement of a sexually oriented business as a new business;
(2) The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this Section;
(3) The relocation of any such sexually oriented business.
(4) A sexually oriented business or premises on which the sexually oriented business is located.
HEARING OFFICER. The City Manager of the City of Mt. Vernon or his designee; if the City Manager is unavailable, and in absence of any other designation by the City Manager, the Assistant City Manager shall be the hearing officer.
KNOWLEDGE or WITH KNOWLEDGE. A person knows or acts knowingly or with knowledge of the nature or attendant circumstances of his conduct, which constitutes the violation, when he is consciously aware that his conduct is of such nature or that such circumstances exist. KNOWLEDGE of a material fact includes awareness of the substantial probability that such fact exists. A person also knows or acts knowingly or with knowledge of the result of his conduct, which constitutes the violation, when he is consciously aware that such result is practically certain to be caused by his conduct.
LICENSEE. A person in whose name a license has been issued.
NUDE or STATE OF NUDITY. The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or anal cleavage with less than a fully opaque and non-transparent covering, the showing of the female breast with less than a fully opaque and non-transparent covering of any part of the nipple and areola, or the showing of the covered male genitals in a discernibly turgid state.
OPERATE or CAUSE TO OPERATE or OPERATOR. To cause to function or to put or keep in a state of doing business. OPERATOR means any person on the premises of a sexually oriented business who is authorized to exercise overall operational control of the business or who causes to function or who puts or keeps in operation the business. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, or has an ownership interest in the business.
PERSON. An individual, proprietorship, partnership, corporation, association, or other legal entity.
PREMISES. The real property upon which the sexually oriented business is located, and all appurtenances thereto and the structure and buildings thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the licensee, as described in the application for a business license pursuant to § 117.07 of this Ordinance.
PUBLIC PARK or RECREATION AREA. Public land which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths or similar public land open to the public within the City of Mt. Vernon which is under the control, operation, or management of the City or other governmental, charitable, or not-for-profit authority.
PUBLIC PLACE. Any location frequented by the public or where the public is present or likely to be present or any location where a person may reasonably be expected to be observed by members of the public or any location that is readily visible to the public or any location where the public has a right to go or is invited.
REGULARLY FEATURES. A consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the ongoing business of the establishment.
RELIGIOUS INSTITUTION. Any church, synagogue, mosque, temple, regular place of worship or building which is used primarily for religious worship and related religious activities.
RESIDENTIAL DISTRICT OR USE. The R-1, Low Density Residential; R-2, Medium Density Residential; R-M2, Medium Density and Mobile Home; R-3, High Density Residential; and R-MH, Planned Mobile Home Districts described within Chapter 161 of the Revised Code of Ordinances. RESIDENTIAL USE means any dwelling or structure used or occupied for living quarters of any person or property upon which there is situated a residential structure, dwelling unit or other living quarters.
SCHOOL. Any public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergarten, elementary schools, primary schools, intermediate schools, junior high schools, high schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. SCHOOL includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.
SEMI-NUDE or SEMI-NUDITY.
(1) A state of dress in which non-transparent and opaque clothing covers from view no more than the human buttocks, anus, anal cleft and cleavage, pubic area, male genitals, female genitals, vulva and the female breast below a horizontal line across the top of the areola at its highest point and the human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(2) This definition shall include the entire lower portion of the human female breasts, but shall not include any portion of the cleavage of the human breasts exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel, provided the areola and nipple are not exposed in whole or in part.
SEMI-NUDE MODEL STUDIO.
(1) Any place where a person who regularly appears in a state of semi-nudity is provided for money or any form of consideration to be viewed or observed or sketched or drawn or painted or sculptured or photographed or similarly depicted by other persons.
(2) SEMI-NUDE MODEL STUDIO shall not include a modeling class operated:
(a) By a college, junior college, or university supported entirely or partly by taxation; or
(b) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
(c) In a structure:
1. which has no sign visible from the exterior of the structure and other advertising that indicates a semi-nude person available for viewing; and
2. where, in order to participate in a class a student must enroll at least three days in advance of the class; and
3. where no more than one model is on the premises at any one time.
SEXUAL ENCOUNTER CENTER.
(1) A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
(a) physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(b) activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of semi-nudity.
SEXUALLY ORIENTED BUSINESS. An adult store, adult cabaret, adult motel, adult theater, sexual encounter center, escort agency, or semi-nude model studio.
SPECIFIED ANATOMICAL AREAS. Means and includes any of the following:
(1) the male genitals in a discernibly turgid state, even if fully and opaquely covered;
(2) less than completely and opaquely covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola.
SPECIFIED SEXUAL ACTIVITIES. Means and includes any of the following:
(1) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts, whether covered or uncovered;
(2) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(3) masturbation, actual or simulated; or
(4) excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS. Means and includes any of the following:
(1) The sale, lease or sublease of the business;
(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means;
(3) The establishment of a trust, gift or other similar legal device which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.
VIEWING ROOM. A room, booth, or area having less than 150 square feet of floor space where a patron of a sexually oriented business is positioned or would ordinarily be positioned while watching a film, videocassette, or other video reproduction.
(Prior Code, Art. 11, § 11.15.2)