For purposes of this chapter, the words and phrases defined in the sections hereunder shall have the meanings therein respectively ascribed to them unless a different meaning is clearly indicated by the context.
ADULT CABARET. A nightclub, bar, juice bar, restaurant, bottle club, or similar commercial establishment, regardless of whether alcoholic beverages are served, which regularly features persons who appear semi-nude.
CITY. New Albany, Indiana.
EMPLOY, EMPLOYEE, and EMPLOYMENT. Any person who performs any service on the premises of an adult cabaret, on a full time, part time, or contract basis, regardless of whether the person is denominated an employee, independent contractor, agent, or otherwise. 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.
ESTABLISH or ESTABLISHMENT. Any of the following:
(1) The opening or commencement of any adult cabaret as a new business; or
(2) The conversion of an existing business to any adult cabaret.
HEARING OFFICER. An attorney, not otherwise employed by the city, who is licensed to practice law in Indiana, and retained to serve as an independent tribunal to conduct hearings under this chapter.
INFLUENTIAL INTEREST. Any of the following:
(1) The actual power to operate the adult cabaret or sexually oriented business or to control the operation, management or policies of the adult cabaret or sexually oriented business or legal entity which operates the adult cabaret or sexually oriented business;
(2) Ownership of a financial interest of 30% or more of a business or of any class of voting securities of a business; or
(3) Holding an office (such as president, vice president, secretary, treasurer, managing member, managing director and the like) in a legal entity which operates the adult cabaret or sexually oriented business.
LICENSEE. A person in whose name a license to operate an adult cabaret has been issued, as well as the individual or individuals listed as an applicant on the application for an adult cabaret license. In the case of an “employee”, it shall mean the person in whose name the adult cabaret employee license has been issued.
NUDITY or a 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.
OPERATOR. Any person on the premises of an adult cabaret who causes the business to function or who puts or keeps in operation the business or who is authorized to manage the business or exercise overall operational control of the business premises. A person may be found to be operating or causing to be operated an adult cabaret regardless of whether that person is an owner, part owner, or licensee of the business.
PERSON. An individual, proprietorship, partnership, corporation, association, or other legal entity.
PREMISES. The real property upon which the adult cabaret is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the adult cabaret, 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 an adult cabaret license.
REGULARLY. The consistent and repeated doing of an act on an ongoing basis.
SEMI-NUDE or STATE OF SEMI-NUDITY. The showing of the female breast below a horizontal line across the top of the areola and expending across the width of the breast at that point, or the showing of the male or female buttocks. This definition shall include the lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breasts exhibited by a bikini, dress, blouse, shirt, leotard, or similar wearing apparel provided the areola is not exposed in whole or in part.
SPECIFIED CRIMINAL ACTIVITY. Any of the following specified crimes for which less than five years has elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date:
(1) Rape, sexual assault, public indecency, statutory rape, rape of a child, sexual exploitation of a minor, indecent exposure;
(2) Prostitution, patronizing prostitution, promoting prostitution;
(3) Obscenity;
(4) Dealing in controlled substances;
(5) Racketeering, tax evasion, money laundering;
(6) Any attempt, solicitation, or conspiracy to commit one of the foregoing offenses; or
(7) Any offense in another jurisdiction that, had the predicate act(s) been committed in Indiana, would have constituted any of the foregoing offenses.
SPECIFIED SEXUAL ACTIVITY. Any of the following:
(1) Intercourse, oral copulation, masturbation or sodomy; or
(2) Excretory functions as a part of or in connection with any of the activities described in subsection (1) above.
TRANSFER OF OWNERSHIP OR CONTROL OF AN ADULT CABARET. Any of the following:
(1) The sale, lease, or sublease of the business;
(2) The transfer of securities which constitute an influential interest in the business, whether by sale, exchange, or similar means; or
(3) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Ord. G-09-05, passed 3-2-2009)