For the purpose of this chapter the following definitions shall apply unless the context indicates or clearly requires a different meaning.
"Adult Oriented Businesses"
(A) Those businesses defined as:
(1) "Adult Bookstore,""Adult Novelty Store" or "Adult Video Store." A commercial enterprise which has as a significant or substantial portion of its stock-in-trade or derives a significant or substantial portion of its individual sales or devotes a significant or substantial portion of its interior business or advertising to the sale or rental, for any form of consideration, of any one or more of the following:
(a) Books, magazines, newspapers, periodicals or other printed matter, or drawings, photographs, films, motion pictures, video cassettes, slides, compact discs, laser discs, computer driven video productions, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" as defined herein;
(b) Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse.
(2) "Adult Cabaret." A nightclub, bar, restaurant, "bottle club", adult dancing business or similar commercial enterprise, whether or not alcoholic beverages are served, which regularly features:
(a) Persons who appear nude, semi-nude or in a state of nudity;
(b) Live performances which are characterized by the exposure of "specified anatomical areas" and/or the exhibition of "specified sexual activities";
(c) Photographs, films, motion pictures, video cassettes, slides, compact discs, laser discs, computer driven video productions, or other visual representations which are characterized by the depiction or description of "specified sexual activities" and/or "specified anatomical areas" as defined herein; or
(d) "Adult Dancing." Includes, but is not limited to the following: any dancing which exposes to view by patrons, spectators or persons on the premises at any time the "specified anatomical areas" and/or consists of "specified sexual activities."
(3) "Adult Motel." A motel, hotel or similar commercial enterprise which offers public accommodations, for any form of consideration, which provides patrons with closed-circuit television transmissions, photographs, films, motion pictures, video cassettes, slides, compact discs, laser discs, computer driven video productions, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" as defined herein; and which advertises the availability of this adult 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.
(4) "Adult Movie Theater." A commercial enterprise where photographs, films, motion pictures, video cassettes, slides, compact discs, laser discs, computer driven video productions, or other visual represen- tations which are characterized by the dominant depiction or description of "specified sexual activities" or " specified anatomical areas" as defined herein; are regularly shown for any form of consideration.
(5) "Adult Theater." A theater, concert hall, auditorium, or similar commercial enterprise which, for any form of consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by an emphasis on and/or exposure of "specified anatomical areas" or by "specified sexual activities".
(6) "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; including, but not limited to an out-call service in the form of nude or semi-nude dancing or exhibition.
(7) "Adult Personal Service Business." Any commercial enterprise where, either on or off the business premises, for any form of consideration or gratuity; massage, alcohol rub, administration of fomentations, electric or magnetic treatments, hair care, manicures, pedicures, exotic rubs, and/or any other treatment manipulation of the human body, occurs as a part of or in connection with "specified sexual activities", or where any person providing such treatment, manipulation, or service related thereto, exposes any of his or her "specified anatomical areas" for another person, who may or may not appear in a state of nudity or display "specified anatomical areas". The definition of "Adult Personal Service Business" or "Adult Oriented Business" shall not include the practice of any treatment manipulation in any licensed hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.
(8) "Nude Model Studio." Any place where a person, who regularly appears in a state of nudity or displays "specified anatomical areas" is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. This definition does not include a modeling class offered by a college, junior college, or university supported in whole or in part by taxation; by a private college or university which maintains and operates educational programs in which credits are transferrable to a college, junior college, or university supported entirely or partly by taxation; or in a structure: (a) Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class.
(9) "Sexual Encounter Center." A business or commercial enterprise, that as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of "specified sexual activities" or the exposure of "specified anatomical areas" or activities when one or more of the persons is in a state of nudity or semi-nudity. The definition of Sexual Encounter Center shall not include a business where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
(10) "Adult Arcade." Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
A business may have other principal business purposes that do not involve any of the aforementioned "Adult Oriented Businesses" and still be categorized as an "Adult Oriented Business". Such other business purposes will not serve to exempt such businesses from being categorized as an "Adult Oriented Business" so long as one of its principal business purposes, in form or substance, is an "Adult Oriented Business" as defined by this section.
"City." The City of Murray, Kentucky.
"Employee." A person who works, performs, entertains or performs any services in and/or for an Adult Oriented Business, regardless of whether or not the person is paid a salary, wage or other compensation by the operator of the business or is full-time, part-time, an independent contractor, or on a contract or sub-contract basis. This definition includes any person who provides services on behalf of any Adult Oriented Business to the patrons of the business, whether or not the individual receives any remuneration, gratuity or tips of any kind, or pays the owner/operator for the right to work, perform or entertain in the Adult Oriented Business. This definition shall also include the definition of "Escort," as if fully set forth herein. This definition shall not include a Person who works in and/or for an Adult Oriented Business and does not, as a part of his/her job, have contact or interact with patrons of the Adult Oriented Business (Examples: VCR repair person, janitor).
"Escort." A person who, for any form of consideration, agrees to offer or to act as a companion, guide, or date for another person, who agrees or offers to privately model lingerie or to perform a striptease for another person or group of persons and who appears in a state of nudity, displays "specified anatomical areas" or engages in "specified sexual activities". This definition shall be included in the definition of "Employee", as if fully set forth therein.
"Establishment." Includes any of the following:
(1) The opening or commencement of any Adult Oriented Business as a new business;
(2) The conversion of an existing business, whether or not an Adult Oriented Business, to any of the Adult Oriented Businesses defined in this chapter;
(3) The addition of any of the Adult Oriented Business defined in this chapter to any other existing Adult Oriented Business; or
(4) The relocation of any such Adult Oriented Business.
"Nudity" or "State of Nudity."
(1) The appearance of the human bare buttocks, anus, male genitals, female genitals, or the areola or nipple of the female breast; or
(2) A state of dress which fails to opaquely and fully cover human buttocks, anus, male or female genitals or any portion of the human female breast below a horizontal line across the top of the areola at its highest point. This definition shall include the entire lower portion of the human female breast; but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel provided that the areola and/or nipple is not exposed in whole or in part. This definition shall include the cleavage of the human buttocks, but shall not include any portion of the cleavage of the human buttocks exhibited by a bathing suit, thong, g-string or other wearing apparel.
"Operator." Includes the owner, permit holder, manager or person in charge of any permitted or licensed premises.
"Permitted Premises." Any premises that requires a permit and that is classified as an Adult Oriented Business.
"Permittee and/or Licensee." A person in whose name a permit and/or license to operate, work in, perform in or entertain in an Adult Oriented Business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
"Person." An individual proprietorship, partnership, corporation, association or other legal entity recognized by the Kentucky Revised Statutes or any other state.
"Significant or substantial portion." At least twenty-five percent (25%) of the business sales, interior business premises or advertising is devoted to an Adult Oriented Business purpose.
"Specified Anatomical Areas." Includes any of the following:
(A) Less than completely and opaquely covered human genitals, buttocks, the anus, the human female breast below a horizontal line across the top of the areola at its highest point. This definition shall include the entire lower portion of the human female breast; but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel provided that the areola and/or nipple is not exposed in whole or in part. This definition shall include the cleavage of the human buttocks, but shall not include any portion of the cleavage of the human buttocks exhibited by a bathing suit, thong, g-string or other wearing apparel; or
(B) Human male genitals in a clearly discernible turgid state, even if completely and opaquely covered.
"Specified Criminal Acts." Sexual crimes against children, sexual abuse, rape, gross sexual imposition, sexual exploitation of a minor, prostitution, promoting prostitution, permitting prostitution and/or other crimes connected with Adult Oriented Businesses; including, but not limited to; distribution of obscenity or other material harmful to minors, pandering and prostitution. This includes any and all other substantially similar crimes recognized by the Kentucky Revised Statutes and/or Federal Law on the effective date of this chapter as well as those later enacted.
"Specified Sexual Activities." Includes any of the following:
(1) The fondling or other intentional touching of human genitals, buttocks, anus, or female breast;
(2) Sex acts, normal, deviant, or perverted, actual or simulated; including, but not limited to sexual intercourse, oral copulation, anilingus, cunnilingus, fellatio, flagellation, sadism or sadomasochism;
(3) Erotic or sexual stimulation with objects or mechanical devices;
(4) Masturbation, actual or simulated;
(5) Human genitals in a state of sexual stimulation, arousal or tumescence;
(6) Bestiality; or
(7) Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (6).
"Substantial Enlargement of an Adult Oriented Business." Increase in the floor area occupied by the business by more than fifteen percent (15%), as the floor areas exist on the date of the enactment of this chapter.
"Transfer of Ownership or Control of an Adult Oriented Business." 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; or
(3) The establishment of a trust, gift, or other similar legal devise 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.
(Ord. 98-1162A, passed 11-12-98; Am. Ord. 99-1176, passed 1-28-99)