For the purpose of this chapter the following definitions shall apply unless the context indicates or clearly requires a different meaning.
ADULT ESTABLISHMENT. Includes any commercial establishment, business, or service which:
(1) Offers, as a principal stock or trade, sexually oriented material, devices, or paraphernalia or specified sexual activities, or any combination or form thereof, whether printed, filmed, recorded, or live; or
(2) Is distinguished or characterized by an emphasis on matter depicting, describing, or relating to sex.
A COMMERCIAL ESTABLISHMENT, BUSINESS, or SERVICE shall be deemed to "offer, as a principal stock or trade, sexually oriented material, devices, or paraphernalia or specified sexual activities or any combination or form thereof" or to be "distinguished or characterized by an emphasis on matter depicting, describing, or relating to sex" if at any time:
(1) The COMMERCIAL ESTABLISHMENT, BUSINESS, or SERVICE: (a) designates all or a portion of its premises as for adults only, or has a policy of excluding minors from its premises or from a portion of its premises, and (b) offers for sale or rent sexually oriented material, devices, or paraphernalia or specified sexual activities, or any combination or form thereof;
(2) The COMMERCIAL ESTABLISHMENT, BUSINESS, or SERVICE devotes greater than 15% of its wall, counter, shelf, or other display space in actual use and which is open to its customers to sexually oriented material, devices, paraphernalia, or specified sexual activities or any combination thereof;
(3) The COMMERCIAL ESTABLISHMENT, BUSINESS, or SERVICE derives greater than 15% of its gross revenue from the sale or rental of sexually oriented material, devices, paraphernalia, or specified sexual activities or any combination thereof;
(4) The commercial establishment, business, or service advertises: (a) in a manner visible from the outside of the business premises; or (b) in the media, including the internet; or (c) in the "Yellow Pages" or a similar format, the availability of sexually oriented material, devices, or paraphernalia or specified sexual activities or any combination thereof;
(5) The commercial establishment, business, or service devotes more than 150 square feet or more than 15% of its floor space, excluding hallways, walkways between display areas, restrooms, storage area, check-out area, and areas not open to its patrons or customers, to the sale or display of sexually oriented material, devices, or paraphernalia or specified sexual activities or any combination thereof; or
(6) The commercial establishment, business, or service devotes more than 150 square feet of display space to sexually oriented material, devices, or paraphernalia or specified sexual activities or any combination thereof.
SEXUALLY ORIENTED MATERIAL. Includes any book, article, magazine, publication or written matter of any kind, drawing, etching, painting, photograph, motion picture in any format, film, or sound recording which depicts sexual activity, actual or simulated, involving human beings or which exhibits specified anatomical areas.
SEXUALLY ORIENTED DEVICES or PARAPHERNALIA. Includes any item designed as, packaged as, or sold as an item for use in connection with sexual activity, actual or simulated, involving human beings, but excluding birth control devices and massage or aromatherapy ointments or lotions.
SPECIFIED SEXUAL ACTIVITIES. Includes the exhibition of human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, or sodomy, fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
SPECIFIED ANATOMICAL AREAS. Includes less than completely and opaquely covered human genitals, pubic region, buttock, anus or anal cleft, female breast below a point immediately above the top of the areola, and human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(Ord. 04-20, passed 7-27-04)