For the purposes of this article, certain terms and words are defined as follows:
(A) ADULT BUSINESSES - Those businesses defined as follows:
(1) ADULT ARCADE - An establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions characterized by the depiction of specified anatomical areas or specified sexual activities.
(2) ADULT BOOKSTORE, ADULT NOVELTY STORE, or ADULT VIDEO STORE - An establishment that has a significant or substantial portion of its stock-in-trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its advertising to the sale, rental or viewing for any form of consideration, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations characterized by the depiction or description of specified anatomical areas or specified sexual activities, or instruments, devices or paraphernalia designed or marketed primarily for stimulation of human genital organs or for sadomasochistic use.
(3) ADULT CABARET - A nightclub, bar, restaurant, “bottle club,” or similar establishment, whether or not alcoholic beverages are served, that regularly features:
(a) Persons who appear nude;
(b) Live performances characterized by the exposure of specified anatomical areas or the presentation of specified sexual activities; or
(c) Films, motion pictures, video cassettes, slides, or other photographic reproductions characterized by the depiction of specified sexual activities or specified anatomical areas.
(4) ADULT MASSAGE PARLOR - Any place where, for any form of consideration or gratuity, massage, alcohol rubs, administration of fomentations, electric or magnetic treatments, or any other treatment involving manipulation of the human body as a part of or in connection with specified sexual activities, are provided, and where any person providing such treatment, manipulation or services related thereto, exposes his or her specified anatomical areas. “Adult massage parlor” does not include the practice of massage in any licensed hospital or by a licensed physician, surgeon, chiropractor or osteopath, any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, or by trainers of an athlete or an athletic team or school athletic program.
(5) ADULT MOTEL - A motel, hotel or similar commercial establishment that:
(a) Offers public accommodations, for any form of consideration, that provide patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions characterized by the depiction of specified sexual activities or specified anatomical areas; and
(b) Advertises the availability of this type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including but not limited to newspapers, magazines, pamphlets, leaflets, radio or television; and
(c) Offers a sleeping room for rent for a time period of less than ten hours; and
(d) Allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten hours.
(6) ADULT MOTION PICTURE THEATER - An establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions characterized by the depiction of specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.
(7) ADULT THEATER - A theater, concert hall, auditorium, or similar establishment that, for any form of consideration, regularly features persons who appear nude or live performances characterized by the exposure of specified anatomical areas or the presentation of specified sexual activities.
(8) ESCORT AGENCY - A person or business that as one of its primary business purposes and for a fee, tip or other consideration furnishes, offers to furnish, or advertises to furnish escorts on the premises. “Escorts” are persons who, on the premises of an escort agency and for patrons, act as companions, guides or dates or privately model lingerie or perform a striptease.
(9) NUDE MODEL STUDIO - Any place where a person who appears nude or displays specified anatomical areas is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. Nude model studio does not include a nude modeling class:
(a) Offered by a college, junior college or university supported entirely or partly by taxation;
(b) Offered by a private college or university for class credits that are transferable to a college, junior college or university supported entirely or partly by taxation; or
(c) Held in a structure having no sign or other advertising visible from the exterior of the structure indicating that a nude model is available for viewing, where no more than one nude model is on the premises at the same time, and where in order to participate in the class a student must enroll at least three days in advance of the class.
(10) SEXUAL ENCOUNTER ESTABLISHMENT - An establishment that as one of its primary business purposes offers for any form of consideration a place where two or more persons, at least one of whom is nude, may congregate, associate, or consort for the purpose of engaging in specified sexual activities or the exposure of specified anatomical areas. Sexual encounter establishment does not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar licensed professional person engages in medically approved and recognized sexual therapy.
(B) CITY MANAGER - The manager of the city or designee.
(C) EMPLOYEE - A person who works or performs in and/or for an adult business, regardless of whether the person is paid a salary, wage or other compensation by the operator of the business.
(D) ESTABLISH - “Establish” and its variants (such as “establishing” and “establishment”) shall mean any of the following:
(1) The opening or commencement of an adult business as a new business;
(2) The conversion of an existing business, whether or not an adult business, to an adult business; or
(3) The relocation of an adult business.
(E) NUDE - The display of the unclothed human buttocks, anus or genitals, or the areola or nipple of the female human breast, or a state of dress that fails opaquely and fully to cover such areas of the body.
(F) OPERATOR - The owner, permit holder, custodian, manager, or person in charge of the premises of an adult business.
(G) PERMITTEE - A person in whose name an adult business permit has been issued under this article, as well as the persons listed as applicants in the application for such permit.
(H) PERSON - An individual, proprietorship, partnership, corporation, association or other entity.
(I) PUBLIC BUILDING - Any building owned, leased or held by the United States, the State, the county, the city, a school district, or any other special district, agency or political subdivision of the State or the United States, which building is used for governmental purposes.
(J) PUBLIC PARK OR RECREATION AREA - Public land within the city that has been designated for park, recreational, or arts activities, including but not limited to a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball or tennis court, pedestrian or bicycle path, open space, wilderness area, or similar public land under the control, operation, or management of the city.
(K) RELIGIOUS INSTITUTION - Any church, synagogue, mosque, temple, or building used primarily for religious worship or related religious activities.
(L) RESIDENTIAL ZONE or RESIDENTIAL USE - Property zoned by the city for residential use or a single-family house, duplex, townhouse, multiple-family dwelling, mobile home park, campground, recreational trailer park, or travel trailer park.
(M) SCHOOL - Any public or private educational facility, including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, colleges and universities. School includes the school grounds, but does not include facilities used primarily for noneducational purposes and only incidentally as a school.
(N) SPECIFIED ANATOMICAL AREAS - Any of the following:
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(O) SPECIFIED CRIMINAL ACTS - Sexual crimes against children, sexual abuse or rape, or crimes connected with an adult business, including but not limited to distribution of obscenity, prostitution or pandering.
(P) SPECIFIED SEXUAL ACTIVITIES - Any of the following:
(1) The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2) Actual or simulated sex acts, including intercourse, oral copulation, and sodomy;
(3) Actual or simulated masturbation;
(4) Human genitals in a state of sexual stimulation, arousal or tumescence; or
(5) Excretory functions as part of or in connection with any of the matters set forth in subsections (1) through (4) above.
(Q) YOUTH ORGANIZATION - Any building used primarily for meetings of a social, educational or athletic club or group composed primarily of persons under the age of 18 years.
(`64 Code, Sec. 34-201) (Ord. No. 2313)