For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates of requires a different meaning.
ESTABLISH or ESTABLISHMENT.
(1) The opening or commencement of any sexually oriented business as a new business; or
(2) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business.
HOUSE OF WORSHIP. Any church, synagogue, mosque, temple or building that is used primarily for religious worship and related religious activities.
NUDITY or STATE OF NUDITY. The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple and areola.
OPERATE or CAUSE TO OPERATE. 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 it to function or puts or keeps it in operation. 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 part owner of the business.
PARK. Any PARK used or designated as an area for recreational activities, including but not limited to, playgrounds, nature trials, swimming pools, athletic fields, basketball, baseball, tennis courts, walking paths or similar public land within the city.
PERMITTEE. A person whose name appears on the permit/application to operate a sexually oriented business.
PERSON. An individual, proprietorship, partnership, corporation, association or other legal entity.
REGULARLY FEATURES. The consistent and repeated offering of the identified goods or services to the public as one of the intended profit-making objectives of the commercial enterprise, which enterprise regularly holds itself forth to the public as a place where the goods or services may be obtained.
RESIDENCE. Any structure used by one or more persons as a dwelling.
SCHOOL. Any nursery SCHOOL; daycare facility; preschool; kindergarten SCHOOL; public or private elementary, middle or secondary SCHOOL; special education SCHOOL; vocational SCHOOL, junior college or college and university. SCHOOL includes all SCHOOL grounds.
SEMI-NUDE or STATE OF SEMI-NUDITY. A state of dress in which opaque clothing covers no more than the genitals, anus, anal cleft or cleavage, pubic area, vulva and nipple and areola of the female breast, as well as portions of the body covered by supporting straps or devices. This definition shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit or other wearing apparel; provided that, the areola and nipple are not exposed, in whole or in part.
SEXUAL DEVICE. Any three-dimensional object designed and marketed for stimulation of the male or female human genital organ or anus, or for sadomasochistic use or abuse of oneself or others, and shall include devices such as dildos, vibrators and penis pumps, and shall also include other devices with non-sex related utility, such as leather whips, straps and ligatures, when the devices are marketed in a context suggesting sexual or sadomasochistic purposes. Nothing in this definition shall be construed to include devices primarily intended for protection against sexually transmitted diseases or for preventing pregnancy.
SEXUALLY ORIENTED BUSINESS. Those businesses defined as follows:
(1) ADULT BOOKSTORE or ADULT VIDEO STORE. A commercial establishment that has a significant or substantial percent of its stock-in-trade, or derives a significant or substantial percent of its revenue, 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 of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations that are characterized by the display of specified sexual activities or specified anatomical areas.
(2) ADULT THEATER. An establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions, which are characterized by the display of specified sexual activities or specified anatomical areas, are regularly shown to persons for any form of consideration. This definition shall include businesses that regularly feature view booths or rooms of less than 150 square feet, wherein such films are regularly shown.
(3) SEXUAL DEVICE SHOP. A commercial establishment that regularly features sexual devices. Nothing in this definition shall be construed to include any pharmacy, drug store, medical clinic or any establishment primarily dedicated to providing medical or healthcare products or services.
SIGNIFICANT OR SUBSTANTIAL. Thirty percent or more.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(1) The fondling or other intentional touching of human genitals, pubic region, buttocks, anus or female breasts;
(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 divisions (1) through (3) above.
(Ord. G-04-10, passed 3-18-2004)