For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ARCADE. Any place to which the public is permitted or invited wherein 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 five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE. An establishment:
(1) Which as one of its principal business purposes offers for sale or rental, for any form of consideration, any one or more of the following:
(a) Books, magazines, periodicals or other printed matter which depict or describe specified sexual activities or specified anatomical areas; or
(b) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities, excluding condoms and other birth control and disease prevention products;
(2) Which regularly excludes all minors from the premises or a section thereof because of the sexually explicit nature of the items sold, rented or displayed therein.
ADULT CABARET. A nightclub, restaurant or similar commercial establishment or any other commercial establishment which regularly features:
(1) Persons who appear in a state of nudity;
(2) Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(3) Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTEL. A hotel, motel or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;
(2) Offers a sleeping room for rent for a period of time that is less than ten hours; or
(3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.
EMPLOYEE. An individual working or performing services for any sexually oriented business, including any independent contractor who provides services on behalf of any sexually oriented business to the patrons of such business.
ENTERTAINER. Any person who provides adult entertainment within a sexually oriented business, whether or not a fee is charged or accepted for entertainment.
ESTABLISHED or ESTABLISHMENT. Any of the following:
(1) The opening or commencement of any sexually oriented business as a new business;
(2) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(3) The addition of any sexually oriented business to any other existing sexually oriented business; or
(4) The relocation of any sexually oriented business.
CITY CLERK. The City Clerk of the City of Paxton or a designee.
LICENSEE. A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual or individuals listed as an applicant on the application for a sexually oriented business license.
NONPOROUS. Excludes any wood, plywood, composition board or other porous material.
NUDITY or A STATE OF NUDITY.
(1) The appearance of the cleft of the buttocks, anus, male genitals, female genitals or areola of the female breast; or
(2) A state of dress which fails to opaquely cover the cleft of the buttocks, anus, male genitals, female genitals or areola of the female breast.
OPERATE or CAUSES TO BE OPERATED. To cause function or to put or keep in operation.
OPERATOR. Any person on the premises of a sexually oriented business who is authorized to exercise overall operational control of the business or who causes to function or who puts or keeps in operation the business. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner or licensee of the business.
PERSON. An individual, proprietorship, partnership, corporation, association or other legal entity.
SEMI-NUDE. A state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
SEXUALLY ORIENTED BUSINESS. An adult arcade, adult bookstore, adult cabaret, adult motel or any combination of such businesses.
SPECIFIED ANATOMICAL AREAS.
(1) Human genitals in a state of sexual arousal;
(2) The appearance of the cleft of the buttocks, anus, male or female genitals or areola of the female breast; or
(3) A state of dress which fails to opaquely cover the cleft of the buttocks, anus, male or female genitals or areola of the female breast.
SPECIFIED SEXUAL ACTIVITIES. Means and includes any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
(3) Masturbation, actual or simulated; or
(4) Excretory functions as part of or in connection with any activities set forth in subsections (1) through (3) above.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS. Any of the following:
(1) The sale, lease or sublease of the business;
(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or
(3) The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
VIEWING ROOM. The room, booth or area where a patron of a sexually oriented business would ordinarily be positioned while watching a film, video cassette or other video reproduction.
(Ord. 99-37, passed 12-14-99)