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(a) An adult oriented business is any business that engages in any of the following activities:
(1) Adult entertainment business. An adult book store, adult motion picture theater, or an adult only entertainment establishment as further defined in this section.
(2) Adult bookstore. An establishment which utilizes fifteen percent or more of its retail selling area for the purpose of retail sale or rental or display by coin or slug operated or electronically, or electrically, or mechanically controlled still or motion picture, projectors, or other image-producing devices, or both, books, magazines, other periodicals, films, tapes, and cassettes which are distinguished by their emphasis on adult materials as defined herein.
(3) Adult motion picture theater. An enclosed motion picture theater which is regularly used or utilized fifteen percent or more of its total viewing time, for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or related to adult material as defined herein.
(4) Adult only entertainment establishment. An establishment where the patron, directly or indirectly is charged a fee, where the establishment features entertainment or services which constitute adult material as defined in this section, or which features entertainment or services which constitute adult material as defined in this section, or which features exhibitions, dance routines or gyrational choreograph of persons totally nude, topless, bottomless, or which features strippers, male or female impersonators, or similar entertainment or services which constitute adult material.
(b) The following definitions shall apply to this section:
(1) “Adult material” means any book, magazine, newspaper, pamphlet, poster, print, picture, slide, transparency, figure, image, description, motion picture film, phonographic record or tape, other tangible thing, or any service capable of arousing interest through sight, sound, or touch, and:
A. Which material is distinguished or characterized by an emphasis on manner displaying, describing, or representing sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions of elimination; or
B. Which service is distinguished or characterized by an emphasis on sexual activity, masturbation, sexual excitement nudity, bestiality, or human bodily functions of elimination.
(2) “Bottomless” means the condition of any employee, subcontractor or entertainer wearing less than a fully opaque covering of male or female genitals, pubic area or buttocks.
(3) “Nude or nudity” means the showing, representing, or depicting, by an employee, subcontractor or entertainer of any human male or female genitals, pubic area, or buttocks with less than a fully opaque covering of any portion thereof, or female breast(s) with less than a fully opaque covering of any potion thereof below the top of the nipple, or of covered male genitals in discernibly turgid state.
(4) “Topless” means the showing of a female breast(s) by an employee, subcontractor or entertainer with less than a fully opaque covering of any portion thereof below the top of the nipple.
(5) “Sexual contact” means any touching, by an employee, subcontractor or entertainer, of an erogenous zone of another, including without limitation the thigh, genitals, buttocks, pubic regions, or if the person is female, a breast(s) for the purpose of sexually arousing or gratifying either person.
(6) “Sexual excitement” means the condition of human male or female genitals, when in a state of sexual stimulation or arousal.
(c) No building shall be erected, constructed, or developed and no building or premises shall be reconstructed, remodeled, arranged for use or used for any adult oriented business unless authorized by the issuance of a special use permit in accordance with the requirements herein. In addition, an adult oriented business shall comply with the following special use criteria:
(1) An adult oriented business shall be located in a district zoned C-2, General Commercial, as provided in Chapter 1274.
(2) An adult oriented business shall be located within 200 feet of Lakeview Avenue. (Ord. 758-99. Passed 11-13-99.)
(3) An adult oriented business shall not be located within 500 feet of the boundaries of any parcel of real estate having situated on it a school, church, library, public playground, or park.
(Ord. 1010-11. Passed 4-11-11.)