For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT AMUSEMENT OR ENTERTAINMENT. An establishment which engages, regardless of frequency or duration, in the presentation of nude and semi-nude exhibitions and performances for commercial or pecuniary gain, which excludes minors by virtue of age. This includes an establishment whose major business is the provision of premises where customers either congregate, associate or consort with employees or other customers who engage in specified sexual activities with or in the presence of such customers, or who display specified anatomical areas in the presence of such customers. This definition does not apply to the exhibition, presentation, showing or performance of any play, ballet, drama, tableau or production in any theater, concert hall, museum of fine arts, school, institution of higher learning or similar establishment which is primarily devoted to such exhibitions, presentation. shows or performances as forms of expression of opinion, communication, speech, ideas, information, art or drama, as differentiated from commercial or business advertising, promotion, selling or servicing products or services or otherwise advancing the economic welfare of a commercial or business enterprise such as a hotel, motel, bar, nightclub, restaurant, tavern or dance hall.
ADULT BOOK AND/OR VIDEO STORE. An establishment which has, as a substantial portion of its stock in trade, videos, books, magazines and/or periodicals, from which minors are excluded by virtue of age.
ADULT MOVIE HOUSE. An establishment, located within an enclosed building, displaying movies that are rated X, XX, or XXX which is customarily not open to the general public by excluding minors by virtue of age.
CUSTOMER. Any person who:
(1) Is allowed to enter an establishment in return for the payment of an admission fee or any form of consideration or gratuity; or
(2) Enters an establishment for the purpose of purchasing or renting a commodity or service therein; or
(3) Is a member of an on the premises of a private club operating under the provisions of this section.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered:
(a) human genitals, pubic region,
(b) Buttock, and
(c) Female breast below a point immediately above the top of the areola; and
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse or sodomy;
(3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
(Ord. 16-95, passed 6-13-95; Am. Ord. 8-98, passed 3-24-98)