For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"ADULT CABARET." A building or portion of a building regularly featuring dancing and other live entertainment if the dancing or entertainment that constitutes the primary live entertainment is distinguished or characterized by an emphasis on the exhibiting of specific sexual activities or specified anatomical areas for observation by patrons therein.
"ADULT MEDIA." Magazines, book, videotapes, movies, slides, CD-roms or other devices used to record computer images, or other media that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to hard-core material.
"ADULT MEDIA SHOP." An establishment that rents and/or sells media, and that meets any of the following three tests.
(1) Forty percent or more of the gross public floor area is devoted to adult media.
(2) Forty percent or more of the stock-in-trade consists of adult media.
(3) It advertises or holds itself in any forum as "XXX", "adult", "sex" or otherwise as a sexually oriented business other than as an adult media store, adult motion picture theater, or adult cabaret.
"ADULT MOTION PICTURE THEATER." An establishment emphasizing or predominantly showing films, motion pictures, video cassettes, slides or similar photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas or by specified sexual activities.
"DISPLAY PUBLICLY." The act of exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that is may be readily seen and its content or character distinguished by normal unaided vision viewing it from a street, highway, or public sidewalk, or from the property of others, or from any portion of the premises where items and materials other than adult media are on display to the public.
"EMPLOYEE." A person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage, or other compensation by the operator of said business.
"ESTABLISHMENT." Any business regulated by this chapter.
"EXPLICIT SEXUAL MATERIAL." Any hard-core material.
"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.
"HARD-CORE MATERIAL." Media characterized by sexual activity that includes one or more of the following: erect male organ; contact of the mouth of one person with the genitals of another; penetration with a finger or male organ into any orifice in another person; open female labia; penetration of a sex toy into an orifice; male ejaculation; or the aftermath of male ejaculation.
"LINGERIE MODELING STUDIO." An establishment or business that provides the services of live models modeling lingerie to individuals, couples, or small groups in a room smaller than 600 square feet either as a temporary or primary use.
"MASSAGE STUDIO." Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body which occurs as a part of or in connection with specified sexual activities, or where any person providing such treatment, manipulation, or service related thereto, exposes his or her specified anatomical areas. The definition of "sexually oriented businesses" shall not include the practice of massage in or by any licensed hospital; nor by a licensed physician, surgeon, chiropractor or osteopath; nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath; nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program; nor by any person or entity licensed pursuant to Chapter 113.
"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 SHOP." A general term, identifying a category of business that may include sexually oriented material but that is not subject to the special provisions applicable to adult media shops. In that context, media shop means a retail outlet offering media for sale or rent, for consumption off the premises if any outlet meeting the definition of adult media shop shall be treated as an adult media outlet. "MEDIA SHOPS" may contain adult media, which constitutes less than 10% of the stock in trade and occupies less than 10% of the floor area.
"NUDE MODEL STUDIO." Any place where a person, who regularly appears in a state of nudity or displays specified anatomical areas for money or any form of consideration and is to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons.
"NUDITY." Includes: (1) the showing of the human male or female genitals, pubic area, or buttocks with less than a full opaque covering; (2) the showing of the female breast with less than a fully opaque covering of any part of the nipple; or (3) the depiction of covered male genitals in a discernibly turgid state.
"PRIMARY LIVE ENTERTAINMENT." On-site entertainment by live entertainers that characterizes the establishment, as determined (if necessary) from a pattern of advertising as well as actual performances.
"SEX SHOP." An establishment offering goods for sale or rent and that meets any of the following tests:
(1) The establishment offers for sale items from any two of the following categories:
(a) Adult media;
(b) Lingerie; or
(c) Leather goods marketed or presented in a context to suggest their use for sadomasochistic practices; and the combination of such items constitutes more than 10% of its stock in trade or occupies more than 10% of its floor area.
(2) More than 5% of its stock in trade consists of sexually oriented toys or novelties.
(3) More than 5% 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: adult cabaret; adult motion picture theater; adult media shop, video-viewing booth or arcade; massage studio; and/or sex shop.
"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." (1) Less than completely and opaquely covered: human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and (2) human male genitals in a discernibly 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, sodomy, or fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.
"TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS." Includes any of the following: (1) The sale, lease or sublease of the business; (2) The transfer of securities which constitutes a controlling interest in the business, whether by sale, exchange or similar means; (3) The establishment of a trust, girl or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.
"VIDEO-VIEWING BOOTH OR ARCADE BOOTH." Any booth, cubicle, stall, or compartment that is designed, constructed, or used to hold or seat patrons and is used for presenting motion pictures or viewing publications by any photographic, electronic, magnetic, digital, or other means or media (including, but not limited to, film, video or magnetic tape, laser disc, CD-rom, books, magazines, or periodicals) for observation by patrons therein. A "VIDEO-VIEWING BOOTH" shall not mean a theater, movie house, playhouse, or a room or enclosure or portion thereof that contains more than 600 square feet.
(Ord. 58-9-04, passed 9-28-04)