(a) As used in this article, the terms sexual conduct and specified anatomical areas shall mean as follows:
(1) “Sexual conduct” includes the following:
A. The fondling or other touching of human genitals, pubic region, buttocks, or female breasts;
B. Ultimate sex acts, normal or perverted, actual or simulated, copulation, sodomy;
C. Masturbation; and
D. Excretory functions as part of or in connection with any of the activities set forth in A. through C. above.
(2) “Specified Anatomical Areas” including the following:
A. Human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola;
B. Human male genitals in a discernible turgid state, even if completely and opaquely covered.
(b) For purposes of this article, the sexually-oriented businesses are defined as follows:
(1) “Adult Amusement or Entertainment”. Amusement or entertainment which is distinguished or characterized by an emphasis on acts or material depicting, describing, or relating to sexual conduct or specified anatomical areas, as defined herein, including, but not limited to, topless or bottomless dancers, exotic dancers, strippers, male or female impersonators, or similar entertainment.
(2) “Adult Bookstores”. An establishment wherein ten percent (10%) or more of its total display area consists of books, films, videos, magazines, periodicals, games, novelties, or other materials which are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas (hereinafter referred to as sexually-oriented materials).
Display area as used herein shall be measured as follows:
A. For bookshelves, magazine racks, and similar display devices, display area shall be calculated by multiplying the length times the width or height, whichever is greater, of such devices. If sexually-oriented materials are mixed with nonsexually-oriented materials in or on such devices, the entire device shall be considered as consisting of sexually-oriented materials.
B. For table tops, counters, display cases, and similar display devices, display area shall be calculated by multiplying the length times the width of each surface on which merchandise is displayed. If sexually- oriented materials are mixed with non-sexually-oriented materials on such surfaces, the entire surface shall be considered as consisting of sexually-oriented materials.
C. For walls, display area shall be the area of the wall enclosed by the smallest imaginary rectangle which contains each item.
D. The display area of merchandise, hanging or suspended from the ceiling, shall be calculated by multiplying the item's length or width, whichever is longer, times the item's height.
(3) “Adult Mini Motion Picture Theater”. An enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
(4) “Adult Motel”. A hotel, motel, or similar establishment that offers accommodations to the public for any form of consideration and provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of sexual conduct or specified anatomical areas; and has a sign visible from the public right-of-way that advertises the availability of this adult type of photographic reproductions.
(5) “Adult Motion Picture Arcade”. Any place to which the public is permitted or invited wherein coin 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 characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
(6) “Adult Motion Picture Theater”. An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
(7) “Massage Parlor”. Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of, or in connection with, sexual conduct or where any person providing such treatment, manipulation, or service related thereto exposes specific anatomical areas.
(8) “Model Studio”. Any place, other than university or college art classes, where for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.
(9) “Sexual Encounter Center”. Any building or structure which contains, or is used for, commercial entertainment where the patron, directly or indirectly, is charged a fee to engage in personal contact with, or to allow personal contact by, employees, devices or equipment, or by personnel provided by the establishment which appeals to the prurient interest of the patron, to include, but not to be limited to, bath houses, massage parlors, and related or similar activities.
(Passed 7-21-97.)