For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ESTABLISHMENT. Any business:
(1) That devotes a substantial or significant portion of its inventory, stock-in-trade or publicly displayed merchandise or devotes a substantial or significant portion of its floor area of the business (not including storerooms, stock areas, bathrooms, basements or any portion of the business not open to the public) to, or derives a substantial or significant portion of its gross revenues from items, merchandise, devices or other materials distinguished or characterized by an emphasis on material depicting, exposing, describing, simulating, discussing or relating to specified sexual activities or specified anatomical areas; or
(2) As defined in “adult use” below.
ADULT USE. An adult use is any of the activities and businesses described below.
(1) ADULT BODY PAINTING STUDIO. An establishment or business that provides the service of applying paint or other substance, whether transparent or non-transparent, to the body of a patron when such person is nude.
(2) ADULT BOOKSTORE. An establishment or business used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, motion picture film, CDs, DVDs or other electronic storage media that devotes a substantial or significant portion of its inventory, stock-in-trade or publicly displayed merchandise, or devotes a significant or substantial portion of its floor area (not including storerooms, stock areas, bathrooms, basements or any portion of the business not open to the public) to, or derives a substantial or significant portion of its gross revenues from items, merchandise, devices or other material distinguished and characterized by an emphasis on the depiction or description of “specified sexual activities” or “specified anatomical areas”.
(3) ADULT CABARET. A business or establishment that provides dancing or other live entertainment to patrons if the dancing and live entertainment is distinguished and characterized by an emphasis on the presentation, display, depiction of matter that seeks to evoke, arouse or excite the patrons’ sexual or erotic feelings or desire.
(4) ADULT COMPANIONSHIP ESTABLISHMENT. A business or establishment that provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
(5) ADULT CONVERSATION/RAP PARLOR. A business or establishment that provides the services of engaging in or listening to conversation, talk or discussion, if such service is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
(6) ADULT HEALTH/SPORT CLUB. A health/sport club that is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
(7) ADULT HOTEL OR MOTEL. A hotel or motel where material is presented that is distinguished and characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas”.
(8) ADULT MASSAGE PARLOR, HEALTH CLUB. A massage parlor or health club that provides the services of massage, if such service is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
(9) ADULT MOTION PICTURE THEATER. A theater that as a prevailing practice presents movies distinguished and characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas”.
(10) ADULT MODELING STUDIO. A business or establishment that provides customers figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in “specified sexual activities” or display “specified anatomical areas” while being observed, painted, painted upon, sketched drawn, sculptured, photographed or otherwise depicted by such customers.
(11) ADULT MOTION PICTURE ARCADE. Any place to which the public is permitted or invited where coin or slug-operated or electronically, electrically or mechanically controlled or operated still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished and characterized by an emphasis on depicting or describing “specified sexual activities” or “specified anatomical areas”.
(12) ADULT NOVELTY BUSINESS. Any business that:
(a) Devotes a substantial or significant portion of its inventory, stock-in-trade or publicly displayed merchandise to;
(b) Devotes a substantial of significant portion of its floor area of the business (not including store rooms, stock areas, bathrooms, basements or any portion of the business not open to the public) to; and/or
(c) Derives a substantial or significant portion of its gross revenue from sales of, materials or devices that stimulate human genitals, are designed for sexual stimulation, or that depict or relate to “specified anatomical areas” or “specified sexual activities”.
(13) ADULT SAUNA. A sauna 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”.
(14) 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 such building or portion of a building restricts minors by reason of age and if the service provided by the steam room/bathhouse facility is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
(15) ADULT ESTABLISHMENT/SELF-DESIGNATED. Any establishment that:
(a) Designates all or a portion of its premises for access or use only by adults, or has a policy of excluding minors from its premises or from a portion of its premises; and
(b) Advertises or holds itself out to the public in any forum so as to convey the impression that the services, entertainment, matter or goods available at the premises or at the portion of the premises designated for adults only are characterized by an emphasis on specified sexual activities or specified anatomical areas.
NUDE or SPECIFIED ANATOMICAL AREAS.
(1) 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; the exposure of any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum anal region or pubic hair region; or the exposure of any device worn as a cover over the nipples and/or areola of the female breast, which device simulates and gives the realistic appearance of nipples and/or areola; and/or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Any of the following:
(1) Sex acts, normal or perverted/actual or simulated, including intercourse, oral copulation, masturbation or sodomy;
(2) Fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast(s); or
(3) Excretory functions as part of or in connection with any of the activities set forth in divisions (1) and (2) above.
SUBSTANTIAL OR SIGNIFICANT PORTION. Greater than 10%.
(1992 Code, § 1095:10) (Ord. 1173, passed 11-3-1997; Ord. 1476, passed 8-1-2011)