For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT DANCING. Includes, but is not limited to the following: any dancing which exposes to view by customers on the premises, at any time, the specified anatomical areas and/or consist of specified sexual activities.
APPLICANT. Any individual person, owner (including spouse of any individual owner), member, director or officer of any firm, partnership, joint-venture, corporation or limited corporation applying for a sexually oriented business license.
CABARET, SEXUALLY ORIENTED. A building or portion of a building which provides or allows the provision of sexually oriented entertainment to its customers or which holds itself out to the public as an establishment where sexually oriented entertainment is available, where the dancing constitutes the "primary live entertainment" and is distinguished or characterized by persons who appear in a state of nudity and engage in a series of adult dance routines, strip performances or gyrational choreography for the purpose of sexual stimulation of the customer.
CUSTOMER. Any person who:
(1) Is allowed to enter a sexually oriented business in return for the payment of an admission fee or any other form of consideration or gratuity; or
(2) Enters a business and purchases, rents, or otherwise partakes of any material, merchandise, goods, entertainment, or other services offered therein; or
(3) Enters a business other than as an employee, vendor, service person, or delivery person.
DISPLAY PUBLICLY. The act of exposing, placing, posting, exhibiting, or in any fashion displaying, in any location, whether public or private, any sexually oriented media, toy or novelty or any explicit sexual material in such a manner that it may be readily seen and its content or character is readily distinguished upon viewing it from a street, highway, public sidewalk, rights-of-way, or from the property of others or from any portion of the premises where items and material other than sexually oriented media are offered for sale or rent to the public.
EMPLOYEE. Any person, directly employed or under contract, who renders any service whatsoever for or to the customers of sexually oriented business or who works in or about a sexually oriented business.
ENCOUNTER CENTER, SEXUALLY ORIENTED. A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
(1) An activity involving physical contact between any persons in the state of nudity.
(2) A meeting location, open to the public, devoted to alternative lifestyles where sexually oriented activity between consenting adults may occur but is not required.
ENTERTAINER, SEXUALLY ORIENTED. A person paid to provide adult dancing to customers at a sexually oriented business location.
ESCORT. A person who is held out to the public to be available for hire for monetary consideration in the form of a fee, commission, or salary, and who for said consideration consorts with or accompanies or offers to consort with or accompany, another or others to or about social affairs, entertainments, or places of amusement or within any place of public resort or within any private quarters, and shall include a “service oriented escort.” For purposes of this chapter, the term ESCORT shall not include any person who would be understood by a reasonably prudent person as providing “babysitting” services or working as an assisted living companion to the elderly, infirm, disabled, or handicapped, and shall further not include licensed health professionals.
ESCORT BUREAU. A person, as defined herein, who for a fee, commission, profit, payment, or other monetary consideration, furnishes, refers, or offers to furnish or refer escorts, or provides or offers to introduce customers to escorts, and shall include a “service oriented escort bureau,” as further defined herein.
ESCORT PATRON. A customer or any person who contracts with or employs, or for monetary consideration, hires an escort, individually or through an escort bureau.
EXPLICIT SEXUAL MATERIAL. Any pictorial or 3 dimensional material depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct physical stimulation of unclothed genitals, sadomasochistic abuse, or emphasizing the depiction of post-pubertal human genitals; provided, however, that works of art or material of anthropological significance shall not be deemed to fall within the foregoing definition.
GROSS PUBLIC FLOOR AREA. The total area of the building accessible or visible to the public, including showrooms, motion picture theaters, motion picture arcades, service areas, behind-counter areas, storage areas visible from such other areas, restrooms (whether or not labeled “public”), areas used for cabaret or similar shows (including stage areas), plus aisles, hallways, and entryways serving such areas.
MANAGER. A person designated by the owner or operator to be responsible for the operation of a business at a particular time; when the owner, proprietor, or other principal in the business is present, such person may be considered the manager.
MEDIA. Anything printed or written, or any picture, drawing, photograph, motion picture, film, videotape or videotape production, or pictorial representation, or any electrical or electronic reproduction of anything that is or may be used as a means of communication. MEDIA includes but shall not necessarily be limited to books, newspapers, magazines, movies, videos, sound recordings, CD-ROMS, other magnetic media, and undeveloped pictures.
MEDIA, SEXUALLY ORIENTED. Magazines, books, videotapes, movies, slides, CDs, DVDs or other devices used to record computer images, or other media which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas.”
MEDIA STORE, SEXUALLY ORIENTED. An establishment that rents and/or sells sexually oriented media, and that meets any of the following 3 tests:
(1) More than 50% of the gross public floor area is devoted to sexually oriented media; or
(2) More than 50% of the stock in trade consists of sexually oriented media; or
(3) It advertises or holds itself out in any forum as a “XXX,” “adult” or “sex” business, or otherwise as a sexually oriented business, other than sexually oriented media outlet, sexually oriented motion picture theater, or sexually oriented cabaret.
MIXER. Any employee who provides the companionship and/or conversation to any customer in exchange for some form of renumeration.
MOTION PICTURE ARCADE, SEXUALLY ORIENTED. A building or portion of a building wherein coin-operated, slug-operated, or for any other form of consideration, electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images of “specified sexual activities” or “specified anatomical areas.”
MOTION PICTURE ARCADE BOOTH, SEXUALLY ORIENTED. Any booth, cubicle, stall, or compartment that is designed, constructed, or used to hold or seat customers and is used for presenting motion pictures or viewing publications by any photographic, electronic, magnetic, digital, or other means or medium (including, but not limited to, film, video or magnetic tape, laser disc, CD-ROMs, books, DVDs, magazines or periodicals) to show images of “specified sexual activities” or “specified anatomical areas” for observation by customers therein. The term “booth,” “arcade booth,” “preview booth,” and “video arcade booth” shall be synonymous with the term “motion picture arcade booth.”
MOTION PICTURE THEATER, SEXUALLY ORIENTED. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown that are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas” or that are marketed as or offered as “adult,” “XXX,” or sexually oriented. Regularly shown films, motion pictures, videocassettes, slides or other similar photographic reproductions as characterized herein do not include sexually oriented speech and expressions that take place inside the context of some larger form of expression.
OPEN OFFICE. An office that is open and accessible to the public during regular business of the business, which is staffed with management and office staff during such business hours, and at which the business maintains its records, including those required by public agencies.
OPERATOR. Any person operating, conducting, or maintaining a business regulated under this Chapter.
OWNER(S). The individual owner of an establishment, or if the legal owner is a corporation, partnership, or limited liability company, the term shall include all general partners, any limited partner with a financial interest of 10% or more, all corporate officers and directors, and any shareholder or member with a financial interest of 10%. OWNER includes the spouse(s) of any of the above individuals.
PERMITTING. When a person having possession or control of the licensed premise knows or has reasonable cause to know such illegal activity is taking place and fails to make reasonable and timely effort to halt the same.
PERSON. Any natural person, individual, corporate officer, license holder, employee, independent contract employee, agent, servant, or any firm, partnership, joint-venture, association, independent contractor, corporation (domestic or foreign), trust, estate, assignee, receiver or any other group or combination thereof.
PREMISES. The physical location at which a sexually oriented business operates including the interior and exterior, and any parking lots, which are under the control of the subject business, through ownership, lease or other arrangement.
PUBLIC AREA. A portion of a sexually oriented business, that is accessible to the customer, excluding restrooms, while the business is open for business.
SADOMASOCHISTIC PRACTICES. Flagellation or torture for the purpose of sexual stimulation by or upon a person clothed or naked, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed or naked.
SERVICE ORIENTED ESCORT. An escort that:
(1) Operates from an open office;
(2) Does not advertise that sexual conduct will be provided to the patron or work for an escort bureau that so advertises; and
(3) Does not offer to provide sexual conduct.
SERVICE ORIENTED ESCORT BUREAU. An escort bureau that:
(1) Maintains an open office at an established place of business;
(2) Employs or provides only escorts who possess work identification cards;
(3) Does not use an escort bureau runner;
(4) Does not provide sexually oriented escorts; and
(5) Does not advertise that sexual conduct will be provided to a patron.
SEX SHOP. An establishment offering goods for sale or rent and that meets any of the following tests:
(1) It offers for sale items from any 2 of the following categories: sexually oriented media; lingerie; leather goods marketed or presented in a context to suggest their use for sadomasochistic practices; and the combination of such items constitute more than 50% of its stock in trade or occupies more than 50% of its floor area;
(2) More than 50% if its stock in trade consists of sexually-oriented toys or novelties; or
(3) More than 50% of its gross public floor area is devoted to the display of sexually oriented toys or novelties.
SEXUALLY ORIENTED BUSINESS. An inclusive term used to describe collectively the following businesses: sexually oriented cabaret; sexually oriented live entertainment; sexually oriented motion picture theater; sexually oriented motion picture arcade; sexually oriented encounter center; sexually oriented media store; sex shop; or any other such business establishment whose primary purpose is to offer sexually oriented entertainment or materials. This collective term does not describe a specific land use and shall not be considered a single use category for purposes of the zoning code or other applicable ordinances.
SEXUALLY ORIENTED BUSINESS LICENSE. Any license applied for under this chapter.
SEXUALLY ORIENTED TOYS OR NOVELTIES. Instruments, devices, or paraphernalia either designed as representations of human genital organs or female breasts or designed or marketed primarily for use to stimulate human genital organs.
SPECIFIED ANATOMICAL AREAS. Includes but is not limited to the following:
(1) Less than completely and opaquely covered human genitals or pubic region; the cleavage of the human buttock; any portion of the human female breast below a horizontal line across the top of the areola at its highest point; or (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 the areola is not exposed in whole or in part.)
(2) The human male genitals in a discernible turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Human genitals in a state of sexual stimulation or arousal or acts of human masturbation, sexual intercourse, or sodomy. These activities include, but are not limited to the following: bestiality, erotic or sexual stimulation with objects or mechanical devices, human genitalia in a state of sexual stimulation, arousal or tumescence, acts of human analingus, cunnilingus, fellatio, flagellation, masturbation, sadism, sadomasochism, sexual intercourse, sodomy, or any excretory functions as part of or in connection with any of the activities set forth above with any person on the premises.
STATE OF NUDITY. The exposure to view by other persons of the pubic area, anus, vulva, or other part of the genitals, or the exposure of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the cleavage of the male or female buttocks. 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 apparel, provided the areola is not exposed in whole or in part.
THEATER, SEXUALLY ORIENTED. A theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear in a state of nudity or semi-nude, or live performances that are characterized by an emphasis on “specified anatomical areas” or by “specified sexual activities.” Regularly featured appearances and performances by persons who appear and perform as characterized herein do not include appearances and performances that include sexually oriented speech and expression that takes place inside the context of some larger form of expression.