For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BOOKSTORE. A bookstore:
(1) 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; or
(2) 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.
ADULT ESTABLISHMENT. An adult bookstore, adult motion picture theatre, adult mini motion picture theatre, adult live entertainment business, or massage 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 MINI MOTION PICTURE THEATRE. 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.
ADULT MOTION PICTURE THEATRE. 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 THEATRE does not include any adult mini motion picture theatre as defined in this section.
CHILD CARE FACILITY. A child daycare facility, nursery school, and/or preschool.
HOUSE OF WORSHIP. A church, synagogue, mosque, temple, or building which is used primarily for religious worship and related religious activities.
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 but does not include any of the following:
(1) A chiropractor licensed by the North Carolina State Board of Chiropractic Examiners;
(2) A massage and body work therapist licensed by the North Carolina Board of Massage and Bodywork Therapy; and
(3) A physical therapist licensed by the North Carolina Board of Physical Therapy Examiners.
PUBLIC EDUCATION FACILITY. A kindergarten, elementary school, intermediate school, junior high school, middle school, high school, vocational school, secondary school, special education school, community college, junior college, college, and/or university.
PUBLIC PARK or RECREATIONAL AREA. An area which has been designated for park or recreational activities included, but not limited to, a park, playground, nature trail, swimming pool, athletic field, basketball court, tennis court, skating rink, skateboard park, pedestrian and/or bicycle path, wilderness area, or other similar public land within the Town of Murphy which is under the control, operation, or management of the Town of Murphy, North Carolina, or Cherokee County, North Carolina.
RESIDENTIAL STRUCTURE. A dwelling house, manufactured home, and/or building which contains one or more apartments.
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 AREAS. Means:
(1) Less than completely and opaquely covered:
(a) Human genitals and pubic region;
(b) Buttock; or
(c) Female breast below a point immediately above the top of the areola.
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Means:
(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 touchings of human genitals, pubic regions, buttocks, or female breasts.
(Ord. passed 9-2-2008)