For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT-ORIENTED BUSINESS. An establishment which as a regular and substantial course of conduct performs or operates as an adult arcade, adult bookstore or adult video store, adult cabaret, adult-oriented motel, adult motion picture theater, adult theater, nude model studio or sexual encounter center, more specifically defined as follows:
(1) ADULT ARCADE. Any place in which a significant or substantial portion of the total floor area is devoted to a use 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 so displayed are distinguished or characterized by the depicting or describing specified sexual activities or specified anatomical areas.
(2) ADULT BOOKSTORE or ADULT VIDEO STORE. An establishment in which a significant or substantial portion of the total floor area is devoted to the display for sale or rental for any form of consideration any one or more of the following:
(a) Books, magazines, periodicals or other printed matter or photographs, films, motion picture, video cassettes or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or
(b) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
(3) ADULT CABARET. A nightclub, bar, restaurant or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of described specified sexual activities or by specified anatomical areas; or 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.
(4) ADULT MOTION PICTURE THEATER. An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a significant or substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction of specified anatomical areas or specified sexual activities.
(5) ADULT-ORIENTED MOTEL. A hotel, motel or similar commercial establishment offering public accommodations for any form of consideration which provides to its patrons, through the provision of rooms equipped 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.
(6) ADULT THEATER. A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
(7) NUDE MODEL STUDIO.
(a) Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration or gratuity.
(b) This provision shall not apply to any school of art which is operated by an individual, firm, association, corporation or institution which meets the requirements established in the State Education Code for the issuance or conferring of, and is in fact authorized thereunder to issue and confer a diploma.
(8) SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration, activities between male and female persons and/or persons of the same sex when one or more of the persons is nude or semi-nude.
NUDITY or STATE OF NUDITY. The appearance of a human bare buttock, anus, male genitals, female genitals or full female breast.
REGULARLY. More than two times in any 30-day period.
SEMI-NUDE. A state of dress in which clothing covers no more than the genitals, pubic region and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.
SIGNIFICANT OR SUBSTANTIAL PORTION. Fifteen percent or more of revenues are derived from sexually oriented activities or materials or that 15% or more of interior floor space is devoted to sexually-oriented activities or materials or that 15% or more of the actual stock in trade regularly displayed and immediately available for use, rental, purchase, viewing or perusal is comprised of sexually-oriented materials.
SPECIFIED ANATOMICAL AREAS. The male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.
SPECIFIED SEXUAL ACTIVITIES. Any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
(3) Masturbation, actual or simulated; or
(4) Excretory functions as part of or in connection with any of the activities set forth herein.
(`61 Code, § 25.26.03) (Ord. 915, passed 6-20-2000)