The following definitions are applicable to this chapter:
ADULT ARCADE MACHINES: Machines which are used by an individual to view films, videos, or segments of films, which distinguish, characterize, or emphasize matters depicting, describing or relating to activities of a sexual nature for the purposes of adult entertainment.
ADULT BUSINESS: An adult store, adult theater, adult entertainment establishment or adult business which also includes any business that operates adult arcade machines on its premises.
ADULT ENTERTAINMENT ESTABLISHMENT: An establishment is defined as:
A. Any place of business, or commercial establishment, wherein the entertainment or activity therein consists of substantially nude persons dancing with or without music or engaged in movements of a sexual nature wherein the patron is directly or indirectly charged a fee or required to make a purchase in order to view the entertainment or activity which consists of persons exhibiting or modeling lingerie, bikinis or similarly styled garments, or where the patron, directly or indirectly, is charged a fee to engage in personal contact by employees, devices or equipment, or by personnel provided by the establishment.
B. An establishment which has seminude dancing or striptease performances, whether these occur regularly or occasionally.
C. "Adult dancing" includes, but is not limited to: erotic, exotic, striptease, bikini or lingerie and shall mean and relate to any performance, preview, play, show, skit, film, video, dance or other exhibition performed before an audience depicting, describing or relating to activities of a sexual nature for the purposes of adult entertainment.
D. "Substantially nude" as used in this section shall mean dressed in a manner so as not to display any portion of the female breast below the top of the areola, or displaying any portion of a person's pubic hair, anus, cleft of the buttocks, vulva or genitals. This definition of "adult entertainment establishments" is to include, but not be limited to, bathhouses, massage parlors, lingerie, modeling studios, or related or similar activities.
ADULT STORE: A. An establishment having as a substantial or significant portion of its stock or trade, books, magazines, videos or films which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to adult entertainment;
B. An establishment with a segment or section devoted to the sale or display of such material; or
C. An establishment which sells or displays for sale devices designated to stimulate sexual arousal by contact with the skin or bodily orifices.
ADULT THEATER: An establishment, either enclosed or in the open air, used for presenting to an audience through film, video or live performance material distinguished or characterized by emphasis on matter depicting, describing or relating to activities of a sexual nature for the purposes of adult entertainment.
HOLDING COMPANY: A. Any corporation, firm, partnership, trust or other form of business organization not a natural person which, directly or indirectly:
1. Owns;
2. Has the power, ability or right to control; or
3. Holds with the power to vote, all or any part of the outstanding shares, stocks, equity securities or voting securities of a corporation which holds or applies for a license required by this chapter.
B. For the purposes of this section, in addition to any other reasonable meaning of the words used, a holding company "indirectly" has, holds or owns any power right or security mentioned in subsection A of this definition if it does so through any subsidiaries, however many such subsidiaries may intervene between the holding company and the corporate licensee or applicant.
INTERMEDIARY COMPANY: Any corporation, firm, partnership, trust or other form of business organization other than a natural person which:
A. Is a holding company with respect to a corporation which holds or applies for a license required by this chapter.
B. Is a subsidiary with respect to any holding company.
SUBSIDIARY: A. Any corporation all or any part of whose outstanding stocks, shares, voting securities or equity securities are:
1. Owned;
2. Subject to a power or right of control; or
3. Held with power to vote, by a holding company or intermediary company.
B. Any firm, partnership, trust or other form of business organization not a natural person, all or any interest in which is:
1. Owned;
2. Subject to a power or right of control; or
3. Held with power to vote, by a holding company or intermediary company. (Ord. 1207 § 1, 2001)