ADULT BUSINESS. An adult bookstore, adult motion picture theater, adult mini motion picture theater, adult motion picture arcade, adult cabaret (a.k.a. Class B cabaret), adult drive-in theater, adult live entertainment arcade, adult motel, or adult service establishment.
ADULT BOOKSTORE. An establishment having as a preponderance of its stock-in-trade or its dollar volume in trade, books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records, or other forms of visual or audio representations which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
ADULT CABARET (a.k.a. CLASS B CABARET). Any cabaret, nightclub, bar, tavern, restaurant or similar establishment, not including a 21 and over cabaret, a family cabaret, family restaurant, or family restaurant with lounge, which features:
(1) Persons who appear in a state of semi-nudity;
(2) Live performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers where the performances are distinguished or characterized by the exposure of specified anatomical areas or by emphasis on specified sexual activities;
(3) Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons; or
(4) Persons who engage in lewd, lascivious, or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.
ADULT DRIVE-IN THEATER. An open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats in which a preponderance of the total presentation time is devoted to the showing of materials distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons.
ADULT LIVE ENTERTAINMENT ARCADE. Any building or structure which contains or is used for commercial entertainment where the patron directly or indirectly is charged a fee to view from an enclosed or screened area or booth a series of live dance routines, strip performances, or other gyrational choreography which performances are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas.
ADULT MINI MOTION PICTURE THEATER. An enclosed building with a capacity of more than 5 but less than 50 persons, used for presenting films, motion pictures, video cassettes, slides, or similar photographic reproductions in which a preponderance of the total presentation time is devoted to the showing of materials which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT MOTEL. A hotel, motel, or similar establishment offering public accommodations for any form of consideration which provides patrons, upon request, with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTION PICTURE ARCADE. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-reducing devices are maintained to show images to 5 or fewer persons per machine at one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
ADULT MOTION PICTURE THEATER. An enclosed building with a capacity of 50 or more persons used for presenting films, motion pictures, video cassettes, slide or similar photographic reproductions in which a preponderance of the total presentation time is devoted to showing of materials which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT SERVICE ESTABLISHMENT. Any building, structure, premises, or other facility, or any part thereof, under common ownership or control which provides a preponderance of services involving specified sexual activities or display of specified anatomical areas.
ENLARGEMENT OF AN ADULT BUSINESS. An increase in the size of the building, structure, or premises in which the adult business is conducted by either construction or use of:
(1) An adjacent building;
(2) An additional building; or
(3) The construction or use of any portion of an adjacent building or additional building, whether located on the same or an adjacent lot or parcel of land.
ESTABLISHING AN ADULT BUSINESS. Any of the following:
(1) The opening or commencement of an adult business as a new business;
(2) The conversion of an existing business, whether or not an adult business, to any of the adult businesses defined herein;
(3) The addition of any of the features of 1 or more of the adult businesses defined herein to an existing business;
(4) The addition of any of the adult businesses defined herein to any other existing adult business; or
(5) The relocation of any adult business.
NONCONFORMING ADULT USE. Any building, structure, or land legally established as an adult business prior to the effective date of this chapter, but which would be prohibited, regulated, or restricted under the provisions of this chapter.
RECONSTRUCTION OF AN ADULT BUSINESS. The rebuilding or restoration of any nonconforming adult business use which was damaged or partially destroyed by an exercise of the power of eminent domain, or by fire, flood, wind, explosion, or other calamity, or act of God if the damage or destruction exceeds 50% of the fair market value of the building, structure, or the facilities affected.
RESUMPTION. The reuse or reoccupation of a nonconforming adult business use which has been discontinued for a period of 6 or more consecutive months.
SERVICES INVOLVING SPECIFIED SEXUAL ACTIVITIES OR DISPLAY OF SPECIFIED ANATOMICAL AREAS (as used to define an “adult service establishment”). Any combination of 2 or more of the following activities:
(1) The sale or display of books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records, or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas;
(2) The presentation of films, motion pictures, video cassettes, slides, or similar photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons;
(3) The operation of coin- or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors or other image producing devices to show images to 5 or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas; or
(4) Live performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where the performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
SPECIFIED ANATOMICAL AREAS. Any of the following:
(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 areolae; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Any of the following:
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse, or sodomy;
(3) Fondling or other erotic touching of human genitals, pubic regions, buttocks, or female breasts;
(4) Flagellation or torture in the context of a sexual relationship;
(5) Masochism, erotic or sexually oriented torture, beating, or the infliction of pain;
(6) Erotic touching, fondling, or other such contact with an animal by a human being; or
(7) Human excretion, urination, menstruation, vaginal, or anal irrigation as part of or in connection with any of the activities set forth in divisions (1) through (6) of this definition.
STRUCTURAL ALTERATION OF AN ADULT BUSINESS. Any change which would prolong the life of the supporting members of a building or structure such as bearing walls, columns, beams or girders, except such changes as are ordered made pursuant to the provisions of the Unsafe Building Law, I.C. 36-7-9-1, and any amendments thereto.
(Ord. 1221, § 9.03(b), passed 1-26-2010)