(a) "Adult Entertainment Business" means any business or establishment which features services which constitute adult material, or which features dances, exhibitions, performances, or other activities of persons who are nude, semi-nude, topless, or bottomless; strippers, male or female impersonators; or similar entertainment which constitutes adult material.
(b) "Adult material" means any book, magazine, newspaper, pamphlet, poster, print, picture, slide, transparency, figure, image, description, motion picture film, phonographic record or tape, other tangible thing, or any service, display, dance, exhibition, performance, or other activity, 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 or elimination; or
(2) Which service, display, exhibition or performance is distinguished or characterized by an emphasis on sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions or elimination.
(c) "Employee" means a person who performs any service on the premises of an adult entertainment business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
(d) “Features” means to provide a main, primary or special presentation. “Features” shall expressly include the providing of one night only performances, or other time-limited performances or engagements, by any business or establishment.
(e) "Licensee" means a person in whose name a license to operate an adult entertainment business has been issued, as well as the individual listed as an applicant on the application for a license.
(f) "Nudity" or "State of Nudity" means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
(g) "Person" means an individual, proprietorship, partnership, corporation, association, or other legal entity.
(h) "Semi-nude" or "Semi-nude condition" means the showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female rear of the body which lies between two imaginary lines running parallel to the ground when a person is standing, the first or top of such line drawn at the top of the cleavage of the nates and second or bottom line drawn at the lowest visible point of the cleavage or the lowest point of the curvature of the fleshy protuberance, whichever is lower, and between two imaginary lines on each side of the body, which lines are perpendicular to the ground and to the horizontal lines described above, and which perpendicular lines are drawn through the point at which each nate meets the outer side of each leg. This definition shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.
(Ord. 99-153. Passed 12-7-99.)