In this chapter:
(a) “Adult arcade” means 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 to displayed are distinguished or characterized by the depicting or describing of “specified sexual activities” or “specified anatomical areas.”
(b) “Adult bookstore” or “adult video store” means a commercial establishment which as one or more of its principal business purposes offers for sale or rental for any form of consideration any one of more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video reproductions, slides, or other visual representations which depict or describe “specified sexual activities” or “specified anatomical areas,” or
(2) Instruments, devices or paraphernalia which are designed specifically for use in connection with “specified sexual activities.”
(c) “Adult cabaret” means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1) Persons who appear in a state of nudity, or
(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 of “specified sexual activities” or “specified anatomical areas.”
(d) “Adult motel” means a hotel, motel or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration, provides patrols 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, or
(2) Offers a sleeping room for rent for a period of time that is less than 10 hours, or
(3) Allows a tenant or occupant of a sleeping room to subrent the room for a period that is less than 10 hours.
(e) “Adult motion picture theater” means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
(f) “Chief of Police” means the Chief of Police of the Municipality or his designated agent.
(g) “Establishment” means and includes 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.
(h) “Operates” or “causes to be operated” means to cause to function or to put or keep in operation. 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 this business.
(i) “Person” means an individual, proprietorship, corporation, association or other legal entity.
(j) “Residential district” means a single family, duplex, townhouse, multiple family or mobile home zoning district.
(k) “Residential use” means a single family, duplex, multiple family, or mobile home park, mobile home subdivision and campground use.
(l) “Sexually oriented business” means an adult arcade, adult bookstore or adult motion picture store, adult cabaret, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.
(m) “Transfer” or “ownership” or “control” of a sexually oriented business means and includes 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.
(Ord. 813. Passed 1-5-98.)