For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BOOKSTORE. A building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audiotape, videotape or motion picture film if a substantial or significant portion of those items are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas or the barter, rental or sale of instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities. SUBSTANTIAL OR SIGNIFICANT PORTION OF ITEMS for purposes of this chapter, is more than 15% of usable floor area.
ADULT CABARET. A building or portion of a building used for providing dancing or other live entertainment, if the building or portion of a building excludes minors by virtue of age, or if dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas.
ADULT CONVERSATION/RAP PARLOR. A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion, if the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT HEALTH/SPORTS CLUB. A health/sports club which excludes minors by reason of age, or if the club is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT MASSAGE PARLOR. A massage parlor which restricts minors by reason of age, or which provides the service of massage, if the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT MINI-MOTION PICTURE THEATER. A building or portion of a building with a capacity for less than 50 persons used for presenting material if the building or portion of a building as a prevailing practice excludes minors by virtue of age, or if the material is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT MOTION PICTURE THEATER. A building or portion of a building with a capacity of 50 or more persons used for presenting material is the building or portion of a building as a prevailing practice excludes minors by virtue of age, or if the material is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT STEAM ROOM/BATHHOUSE FACILITY. A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the building or portion of a building restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT USES. Adult uses include adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse facilities, adult enterprises, businesses or places open to some or all members of the public at or in which there is an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas which are capable of being seen by members of the public.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered:
(a) Human genitals;
(b) Pubic region;
(c) Buttocks; and
(d) Female breast below a point immediately above the top of the areola.
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually-orientated acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphis, zooerasty;
(2) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence;
(3) Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation;
(4) Fondling or touching of nude human genitals, pubic region, buttocks or female breasts;
(5) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any persons;
(6) Erotic or lewd touching, fondling or other sexually-oriented contact with an animal by a human being; or
(7) Human excretion, urination, menstruation, vaginal or anal irrigation.
(Ord. 806, passed 12-5-1994)