Sexually-oriented businesses include, but are not limited to: adult arcade, adult bookstore/video store, adult cabaret/nightclub, adult escort service, adult model studio, adult motel, adult motion picture theater, adult peep show, adult sexual encounter center, adult theater, as defined herein; and any other establishment which contains activities characterized by the performance, depiction, or description of nudity or state of nudity, semi-nudity or state of semi-nudity, specified sexual activities, or specified anatomical areas. Each sexually-oriented business is considered a separate business regardless of ownership and must meet separation requirements.
ADULT ARCADE. Any establishment 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 maintained to show images to 5 or fewer persons per machine at any 1 time, and where the images so displayed are distinguished or characterized by the depicting or describing of nudity or state of nudity, semi-nudity or state of semi-nudity, specified sexual activities, or specified anatomical areas.
ADULT BOOKSTORE/VIDEO STORE. An establishment which, as 1 of its principal business purposes, offers for sale or rental for any form of consideration books, magazines, sexual paraphernalia or instruments, films, motion pictures, videocassettes or video reproductions, slides or other visual representations (whether for viewing off premises or on premises by use of motion picture machines or other image producing devices), periodicals or other printed or pictorial materials which are intended to provide sexual stimulation or sexual gratification to the customers, and which are distinguished by or characterized by an emphasis on matter depicting, describing, or relating to nudity or state of nudity, semi-nudity or state of semi-nudity, specified sexual activities, or specified anatomical areas. Principal business purpose, as used in this section, means that more than 25% of the stock in trade of the business is devoted to the display, rental, or sale of items, products, or equipment distinguished or characterized by a predominant emphasis on, or stimulation of, specified sexual activities or specified anatomical areas. Stock in trade for purposes of this section shall mean, the greater of:
(1) The retail dollar value of all items, products, or equipment readily available for purchase, rental, viewing, or use by patrons of the establishment, excluding materials located in any storeroom or other portion of the premises not regularly open to patrons; or
(2) The total volume of shelf space and display area.
ADULT CABARET/NIGHT CLUB. An establishment which, as 1 of its business purposes, offers to customers live entertainment which is intended to provide sexual stimulation or sexual gratification to the customers, and which is distinguished by or characterized by an emphasis on matter depicting, describing, or relating to nudity or state of nudity, semi-nudity or state of semi-nudity, specified sexual activities, or specified anatomical areas.
ADULT CAMPGROUND/RECREATIONAL AREA. A membership facility which, as 1 of its business purposes, provides outdoor recreational opportunities to nude or semi-nude participants.
ADULT ESCORT/ENTERTAINMENT SERVICE. A person or business association which furnishes, offers to furnish, or advertises to furnish as 1 of its business purposes for a fee, tip, or other consideration, private live entertainment which is distinguished by or characterized by an emphasis on depicting, describing, or relating to nudity or state of nudity, semi-nudity or state of semi-nudity, specified sexual activities, or specified anatomical areas.
ADULT MODEL STUDIO. Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Modeling studios will not be considered sexually-oriented businesses if the person appearing in a state of nudity did so in a modeling class operated:
(1) By a proprietary school, licensed by the State of South Carolina; a college, junior college, or university supported entirely or partly by taxation; or
(2) 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.
ADULT MOTEL. A hotel, motel, or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of nudity or state of nudity, semi-nudity or state of semi-nudity, specified sexual activities, or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;
(2) Offers a sleeping room for rent for a period of time that is less than 10 hours; or
(3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.
ADULT MOTION PICTURE THEATER. A commercial establishment where, as 1 of its business purposes, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown, for any form of consideration, which are characterized by the depiction or description of nudity or state of nudity, semi-nudity or state of semi-nudity, specified sexual activities, or specified anatomical areas.
ADULT PEEP SHOW. A theater which presents material in the form of live shows, films, or videotapes, viewed from an individual enclosure, for which a fee if charges and which is not open to the public generally but excludes any minor by reason of age.
ADULT SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as 1 of its business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex;
(2) Activities between male and female persons and/or persons of the same sex when 1 or more of the persons is in the state of nudity or semi-nude; or
(3) Sadistic/masochistic flagellation or torture (real or simulated) of 1 person by another and/or the fettering, binding, or physically restraining of 1 person by another.
ADULT THEATER. An establishment containing a room with tiers or rows of seats facing a screen or projection area, which, as 1 of its business purposes, is the exhibition to customers of motion pictures or live entertainment which are intended to provide sexual stimulation or sexual gratification to the customers and which are distinguished by or characterized by an emphasis on matter depicting, describing, or relating to nudity or state of nudity, semi-nudity or state of semi-nudity, specified sexual activities, or specified anatomical areas.
(Ord. 193, passed 4-1-1998)