For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BODY PAINTING STUDIO. An establishment or business which provides the service of applying paint or other substance, whether transparent or non-transparent, to or on the body of a patron when that body is wholly or partially nude in terms of specified anatomical areas as defined herein.
ADULT BOOK STORE. An establishment that has 40% or greater of its current store stock in merchandise, videos, books, and magazines or other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas as herein defined.
ADULT CAR WASH. A wash facility for any type of motor vehicle that allows employees, agents, independent contractors, or persons to appear in a state of partial or total nudity in terms of specified anatomical areas as defined herein.
ADULT COMPANIONSHIP ESTABLISHMENT. A companionship establishment which excludes minors by reason of age, or which provides the service, for a fee, of engaging in or listening to conversation, talk, or discussion between an employee of the establishment and a customer, if the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas as defined herein.
ADULT ENTERTAINMENT FACILITY. A building or space wherein an admission is charged for entrance, or food or non-alcoholic beverages are sold or intended for consumption, and wherein may be observed live presentation of entertainment distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas as defined herein.
ADULT MINI-MOTION PICTURE THEATER. A building or space with a capacity for fewer than 50 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 as herein defined, for observation by patrons therein. The phrase “used for” in this definition shall mean a regular and substantial course of conduct and not a one-time presentation of this type of material.
ADULT MODELING STUDIO. An establishment whose major business is the provision to customers of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to customers and who engage in specified sexual activities as defined herein or display specified anatomical areas as defined herein while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by the customers.
ADULT MOTION PICTURE THEATER. A building or space with a capacity of 50 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 as herein defined, for observation by patrons therein. The phrase “used for” in this definition shall mean a regular and substantial course of conduct and not a one-time presentation of this type of material.
ADULT SAUNA. A sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing, or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas as defined herein.
BOOTHS, STALLS, OR PARTITIONED PORTIONS OF A ROOM OR INDIVIDUAL ROOMS.
(1) (a) Enclosures specifically offered to persons for a fee or as an incident to performing high-risk sexual conduct; or
(b) Enclosures which are part of a business operated on the premises which offers movies or other entertainment to be viewed within the enclosure, including enclosures wherein movies or other entertainment are dispensed for a fee.
(2) The phrase
BOOTHS, STALLS, OR PARTITIONED PORTIONS OF A ROOM OR INDIVIDUAL ROOMS does not mean enclosures which are private offices used by the owners, managers, or persons employed on the premises for attending to the tasks of their employment, and which are not held out to the public or members of the establishment for hire or for a fee or for the purpose of viewing movies or other entertainment for a fee, and are not open to any persons other than employees, owners, or managers.
CLEAN. The absence of dirt, grease, rubbish, garbage, semen, bodily excretions, and other offensive, unsightly, or extraneous matter.
DOORS, CURTAINS, or PORTAL PARTITIONS. Full, complete, non-transparent closure devices through which one cannot see or view activity taking place within the enclosure.
GOOD REPAIR. Free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions, and similar defects, so as to constitute a good and sound condition.
HEALTH INSPECTORS. Inspectors employed by the city or their agents.
ISSUING AUTHORITY. The city.
MINOR. Any natural person under the age of 18 years.
NUDITY. The showing of the human male or female genitals or pubic area with less than a full opaque covering; the showing of the female breast with less than a fully opaque covering below a point immediately above the top of the areola; or the depiction or showing of the covered male genitals in a discernibly turgid state.
OPEN TO AN ADJACENT PUBLIC ROOM SO THAT THE AREA INSIDE IS VISIBLE TO PERSONS IN THE ADJACENT PUBLIC ROOM. Either the absence of any entire door, curtain, or portal partition or a door or other device which is made of clear, transparent material such as glass, plexiglass, or other similar material meeting building code and safety standards, which permits the activity inside the enclosure to be entirely viewed or seen by persons outside the enclosure.
PERSON. One or more natural persons; a partnership, including a limited partnership; a corporation, including a foreign, domestic, or non-profit corporation; a trust; a political subdivision of the state; or any other organization.
SEXUALLY ORIENTED BUSINESS. An adult book store, adult body painting studio, adult companionship establishment, adult motion picture theater, adult entertainment facility, adult modeling studio, adult mini-motion picture theater, adult car wash, or adult sauna as herein defined. A SEXUALLY ORIENTED BUSINESS may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as a SEXUALLY ORIENTED BUSINESS. Other business purposes will not serve to exempt this type of business from being categorized as a SEXUALLY ORIENTED BUSINESS so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered:
(a) Human genitals, pubic region, or pubic hair;
(b) Buttocks;
(c) Female breast or breasts below a point immediately above the top of the areola; or
(d) Any combination of the foregoing.
(2) Human male genitals in a discernibly turgid state even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Include the following:
(1) Human genitals in a discernible state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse, or sodomy;
(3) Fondling or other erotic touching of human genitals, pubic region or pubic hair, buttock, or female breast or breasts; or
(4) Any combination of the foregoing.
(1997 Code, § 33.04)