For the purpose of this chapter and unless the context plainly requires otherwise, the following definitions are adopted:
ADULT BUSINESS OR ADULT CONCESSION: Any adult bookstore, adult minitheater, adult motion picture theater, adult panorama establishment, adult retail store, adult hotels or motels, or live adult entertainment establishments. The following definitions apply:
Adult Bookstore: An establishment having as a majority of its stock in trade, books, films, photographs, devices, magazines or other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to "specified anatomical areas" or "specified sexual activities".
Adult Hotel Or Motel: A hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", or where rooms are routinely let for less than one day or which advertises or holds itself out as specializing in sexual activity.
Adult Minitheater: An enclosed or drive-in theater used for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.
Adult Motion Picture Theater: An enclosed or drive-in theater with a capacity of ten (10) or more persons used for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.
Adult Panorama Theater Or Arcade: Any place to which the public is permitted or invited and where coin operated or slug operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to persons in booths or viewing rooms where the images so displayed depict or describe "specified sexual activities" or "specified anatomical areas".
Artist - Body Painting Studio: An establishment or business which provides the services of applying paint or other substance whether transparent or nontransparent to or on the human body when such body is wholly or partially nude.
EMPLOYEE: Any and all persons, including managers, entertainers and independent contractors, who work in or at, or render any services directly related to, the operation of an adult concession.
ENTERTAINER: Any person who provides live adult entertainment within an adult concession, as defined in this section, whether or not a fee is charged or accepted for entertainment.
ENTERTAINMENT: Any exhibition or dance of any type, pantomime, modeling or any other performance.
LIVE ADULT ENTERTAINMENT: Any exhibition, performance or dance of any type which contains:
A. Specified sexual activities;
B. Any display of specified anatomical areas; or
C. Any conduct intended to sexually stimulate any member of the public, including (but not limited to) any such exhibition, performance or dance performed for, arranged with or engaged in with fewer than all members of the public on the premises at that time, with separate consideration paid either directly or indirectly for such activity, and commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing, or straddle dancing.
LIVE ADULT ENTERTAINMENT ESTABLISHMENT: Any building or portion of a building to which any member of the public is invited or admitted and where any employee or entertainer, on a regular basis or as a substantial part of the premises activity, conducts live adult entertainment.
MANAGER: Any person who manages, directs, administers or is in charge of, the affairs or conduct of any portion of any activity involving adult entertainment occurring at any adult concession.
OPERATOR: Any person applying for or operating, conducting or maintaining any adult concession; and "operator control person" means all partners, corporate officers and directors and any other individuals in the operator's business organization who hold a significant interest in the adult concession business, based on the responsibility for management of the adult concession business.
PERSON: Any individual, partnership, corporation, limited liability company, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity or other entity or group of persons however organized.
PUBLIC PLACE: Any area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots and automobiles, whether moving or not.
SEXUAL CONDUCT: Any act of:
A. Sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight;
B. Any penetration of the vagina or anus, however slight, by an object;
C. Any contact between persons, involving the sex organs of one person, whether clothed or unclothed, and the mouth or anus of another, whether clothed or unclothed;
D. Masturbation, manual or instrument, of oneself or of one person by another; or
E. Touching of the sex organs or anus, whether clothed or unclothed of oneself or of one person by another.
SPECIFIED ANATOMICAL AREAS:
A. Less than completely or opaquely covered:
1. Human genitals, pubic hair, vulva;
2. Buttocks, anus; and
3. Female breasts below a point immediately above the top of the areola.
B. Human male genitals in a discernibly turgid state, even if completely or opaquely covered.
SPECIFIED SEXUAL ACTIVITIES:
A. Human genitals in a state of sexual stimulation or arousal;
B. Acts of human masturbation, sexual intercourse or sodomy;
C. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast. (Ord. 578, 6-16-1998)