As used in this chapter:
(a) “Adult book store” means an establishment which utilizes twenty-five percent or more of its retail selling area for the purpose of retail sale, rental, or display, by coin, slug-operated, electronically, electrically or mechanically- controlled still or motion picture machines, projectors, or other image-producing devices, of books, magazines, or other periodicals, films, tapes, or cassettes, which are distinguished by their emphasis on adult materials as defined in this section.
(b) “Adult entertainment business” means an adult bookstore, adult motion picture theater, or an adult-only entertainment establishment as further defined in this section.
(c) “Adult material” means any book, magazine, newspaper, pamphlet, poster, print, picture, slide, transparency, figure, image, description, motion picture, film, videotape, photographic record, tape, or other tangible thing or service, capable of arousing interest through sight, sound or touch, and:
(1) Which material is distinguished or characterized by an emphasis on matter displaying, describing, or representing sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions of elimination; or
(2) Which service is distinguished or characterized by an emphasis on sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions of elimination.
(d) “Adult motion picture theater” means a motion picture theater which is regularly used or utilizes twenty-five percent or more of its total viewing time for presenting material distinguished or characterized by an emphasis on material depicting, describing, or relating to adult material as defined in this section.
(e) “Adult only entertainment establishment” means an establishment where the patron, directly or indirectly, is charged a fee and where the establishment features entertainment or services which constitute adult material as defined in this section, or which features exhibitions, dance routines, or gyrational choreography of persons totally nude, topless or bottomless, or strippers, male or female impersonators, or similar entertainment or services which constitute adult material.
(f) “Bottomless” means less than a full, opaque covering of male or female genitals, the pubic area or the buttocks.
(g) “Nude” or “nudity” means the showing, representation, or depiction of human male or female genitals, the pubic area, or the buttocks with less than a full, opaque covering of any portion thereof, or of the female breast(s) with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernible turgid state.
(h) “Sexual activity” means sexual contact or conduct, or both.
(i) “Sexual contact” means any touching of any erogenous zone of another, including, without limitation, the thigh, genitals, buttocks, pubic region, or, if the person is female, the breast, for the purpose of sexually arousing or gratifying either person.
(j) “Sexual excitement” means the condition of the human male or female genitals, when in a state of sexual stimulation or arousal.
(k) “Topless” means the showing of a female breast with less than a full, opaque covering of any portion thereof below the top of the nipple.
(Ord. 1999-18. Passed 3-10-99; Approved by voters 11-2-99.)